Former Ethereum developer Virgil Griffith, who was given a 63-month prison sentence in 2022 for aiding North Korea in utilizing blockchain technology, has appealed for a reduction in his sentence.
The appeal was made in a letter from attorney Glen Garrett McGorty, who represents Virgil Griffith, to Judge Kevin Castel of the United States District Court for the Southern District of New York on April 17.
The letter asks the court to reconsider Griffith’s sentence based on recently amended U.S. sentencing guidelines, which offer a two-point reduction in offense level for certain “zero-point” offenders.
Griffith received a 63-month sentence and a $100,000 fine in April 2022 after pleading guilty to violating sanctions laws by attending a conference in North Korea and assisting the country in using blockchain technology, despite economic sanctions imposed by the United States.
The letter argues that Griffith meets the criteria for a two-point reduction as a “zero-point” offender, as outlined in the revised guidelines.
Screenshot from a letter in United States v. Virgil Griffith. Source: Pacer
This reduction would lower his total offense level from 26 to 24, resulting in a revised guidelines range of 51 to 63 months, potentially reducing his sentence by a year or more.
The letter also requests that the court instruct the U.S. Probation Office to prepare a revised pre-sentence investigation report, schedule a resentencing hearing, and allow for a briefing schedule so that the defense can present updated information and arguments in support of their reduction request.
A “zero-point” offender refers to a first-time, non-violent offender whose offense meets certain criteria indicating a lower risk of reoffending compared to other criminals.
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In May 2023, the U.S. Department of Commerce imposed a 10-year ban on Griffith’s export privileges while he was serving the first year of his five-year sentence.
This meant that he was prohibited from engaging in any transactions involving commodities, software, or technology that are subject to U.S. export regulations.
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