http://volokh.com/2013/01/16/the-criminal-charges-against-aa...

>The alternative sentence to consider is what Swartz would have received if he had agreed to plead guilty. According to Swartz’s lawyers, the prosecutors in the case offered two different pleas. First, they would agree to a sentence of four months if Swartz agreed to plead guilty to the felonies. And second, they could agree to a deal in which Swartz agreed to plead guilty, the government would argue for a 6 month sentence, and Swartz could argue for a lesser sentence (presumably including probation). In all likelihood, the judge would have then sentenced Swartz to 4 months under the 1st plea and whatever the judge thought appropriate, up to 6 months, under the second plea.