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Randy "Duke" Cunningham To Learn His Punishment

Prosecutors Seek Maximum Sentence

POSTED: 5:17 pm PST March 2, 2006
UPDATED: 1:41 pm PST March 3, 2006

Former Rep. Randy "Duke" Cunningham is scheduled to be sentenced in federal court Friday for taking $2.4 million in bribes in return for unduly influencing the awarding of Defense Department contracts.

Cunningham, 64, pleaded guilty last Nov. 28 to conspiracy and evading more than $1 million in taxes.

Prosecutors have recommended a 10-year prison sentence for the former Republican congressman from Rancho Santa Fe, saying he "bullied" Pentagon officials to award contracts to defense contractors who bribed him.

Cunningham's only motivation was to make sure his co-conspirators "gorged themselves at the national trough, regardless of the national interest," prosecutors said in a 14-page pre-sentencing report.

Defense attorneys have urged U.S. District Judge Larry Burns to sentence Cunningham to six years in prison, giving the decorated Vietnam War fighter pilot credit for saving the lives of fellow Americans while risking his own.

Defense attorneys K. Lee Blalack, Mark Holscher and Kristina M. Hersey said Cunningham's lack of criminal record, advancing age and declining health -- he has undergone surgery for prostate cancer -- make a six-year sentence more appropriate.

Cunningham, first elected to office in 1990, was awarded the Navy Cross, the service's second-highest medal for bravery, and also taught at the Top Gun school, his attorneys said.

No member of Congress has ever received a sentence as long as six years, Cunningham's attorneys argued in their court papers.

A 10-year prison sentence would probably be a "death sentence" but a six- year term would allow him to spend a few "short years" with his family, Cunningham's attorneys said.

Prosecutors said Cunningham could have received a 20-year sentence without the plea agreement.

Cunningham resigned in disgrace last year. A special election will be held April 11 to elect a candidate to finish Cunningham's term in the 50th Congressional District. Eighteen candidates, including 14 Republicans, will appear on the ballot.

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