Tomorrow is the big day for Apollo Nida’s sentencing. It is amusing that I read on another site that Apollo feels like Peter Thomas was somehow throwing shade on a red carpet recently when he responded to a question about Apollo by saying basically that he was doing as well as someone who is about to go to prison can be. Apollo seems to think there is a possibility he is not going to jail. There isn’t. He is going and the only questions are how much time he will get and when he will have to report to prison.
It looks like sentencing is actually going to happen as scheduled tomorrow. On Thursday, Apollo’s attorney filed a motion that is attempting to get a downward departure on his Criminal History Category. As we learned with the Giudice trial, sentencing guidelines are based on two magic numbers. Criminal History Category and Offense Level. There are six categories for criminal history and currently Apollo is at Category 5, the only one higher is Category 6 which is like the Charles Masons of the world. Apollo’s lawyer is asking that he be moved down to a Category 4. He makes a fairly decent arguments stating that much of applies prior criminal activity occurred when he was 19-23 for probation violations, providing a false name and a DUI. His lawyer made a pretty good case for a downward departure.
As for his offense level, it is hard to say because some of the documents with the information needed to determine it is sealed. But my best determination is that he will be a level 30. If he remains a Category 5 then he is facing a term of 151-188 months (approximately 13 -15.5 years), assuming he is an offense level 30.
I think it is likely that the judge will grant the downward departure and he will be treated as a Category 4 and if he is a level 30 offender the judge will sentence him to something in the 168 months in prison (11 years 3 months to 14 years). That’s a lot of missed speaking engagements and club parties.
I have no idea if they will take him into custody right away, or if they will need a bit of time to place him somewhere. We shall see. I’ll be covering all the action tomorrow. Stay tuned.