He can, under certain circumstances, take into account wrongdoing Nayak was never indicted for, like that alleged checks-for-cash scheme.
Blago trial witness testifies at Nayak sentencing →
"I'm really scared of the government. ... I'm scared to take a cup of coffee. I don't know if it's legal or not," he said, his voice breaking.
Blagojevich-scandal figure sentenced to 2 years →