As part of his plea deal, Tom agreed to forfeit $300k and was released on bail ahead of his sentencing on September 28. Under the advisory Sentencing Guidelines, Tom was eligible for a sentence of probation.
At the sentencing, Tom’s lawyer James Henderson requested that Tom be sentenced to time served, and the prosecutor did not expressly request that Tom serve a custodial sentence. However, US Magistrate Judge Barbara C. Moses apparently went a bit ‘rogue,’ ordering Tom to spend seven days behind bars before he was allowed to leave the United States. Moses reportedly didn’t feel that Tom had actually served any time in jail during the booking process so a sentence of ‘time served’ wasn’t appropriate.
Challenged on this point by Moses, Henderson told the judge about similar cases where a time-served sentence had been imposed, but he couldn’t provide any specific legal authority to support the proposition that the booking process constituted ‘time served’ in jail.