FEDERAL JUDGE SENTENCES ATKINSON TO 80 MONTHS

Special to El Rrun-Rrun

Federal Judge Fernando Rodriguez Jr. sentenced Dr. Sylvia P. Atkinson to 80 months in federal prison today.

He also assessed her $35,000 in fines. She was ordered to report to federal officials to start her sentence at noon, June 18.

On November 4, a federal jury found Atkinson – a former trustee of the Brownsville Independent School District and administrator at Texas Southmost College – guilty of one count of conspiracy, one count of bribery concerning programs receiving federal funds and six counts of violating the federal Travel Act.

Atkinson remained on bond and was granted five continuances after her sentencing was scheduled for Feb. 9. Up to now, most of the motions have been sealed and no one is certain whether her cooperation with federal prosecutors will result in more indictments for some of her associates in the alleged illegal acts.

Atkinson chose Houston attorney Josh Shaffer as her new legal counsel  whose biography states he has "been recognized as a Texas Super Lawyer from 2016-19 and as a Texas Super Lawyer Rising Star, one of the top Texas criminal defense lawyers under the age of 40, for 11 years in a row from 2006-16."

Reporters say that there didn't appear to be any representatives of the board of the BISD present at the sentencing. And there has been widespread speculation that other indictments will follow her sentencing as a result of her cooperation to try to reduce her punishment.

A reader said that "the public needs to know that there is no parole in the federal penal system. Eighty months means just that barring a special release by the judge or by an appeals court."

The presentence investigation is often the first inquiry into the offender's past, and the initial interview provides the framework for the report's description of the offender's history and circumstances. The probation officer inquires about the defendant's family and developmental history, familial and marital relationships, education, employment history, physical and mental health, alcohol or controlled substance abuse, and finances. The emphasis throughout the questioning is on identifying information that is relevant for understanding the defendant's offense conduct and present situation.

It should be noted that Atkinson was outspoken of her innocence even after the jury found her guilty of all charges. One of the mitigating factors in the federal Pre-Sentencing Investigation Report is if the defendant takes responsibility for her actions and admits that they committed the crimes and show remorse for their actions.

After revising the report in response to objections, the probation officer develops a sentencing recommendation based on the facts and sentencing options identified in the report. The written justification for the recommendation is the probation officer's evaluation and analysis of the offense, the offender, and the sentencing options. 

The justification provides the officer's rationale for the specific sentencing recommendations. It should address the statutory factors to be considered in imposing a sentence and should assist the court in the preparation of the judge's statement of reasons for imposing a sentence.

The officer then discloses the final report and sentencing recommendation to court through a mathematical system of allocating points. The total number of points allocated in each case lets the judge know what the presumptive sentence is. 

The officer also discloses the report to the defendant, and both attorneys. The probation officer must then be prepared to discuss the case with the sentencing judge in chambers or in court, to answer questions about the report that arise during the sentencing hearing, and, ultimately, to testify under oath in open court as to the basis for the factual findings and guideline applications recommended in the report.

In the case of Atkinson, Judge Rodriguez denied the U.S. prosecutor's motion to enhance her sentence because she was in a position of public trust.