1:33 PM PT -- We just got the Probation Dept's sentencing report, and the reason the Department thinks no time behind bars is fine is because there is NO VICTIM. The report is clear ... no one lost a penny as a result of Felicity hiring someone to rig the SAT test. The Dept. repeatedly rebuffed prosecutors who claim various forms of loss, including emotional distress, harm to the reputation of the schools, etc.
This may be the most important sentence, especially for defendants like Lori Loughlin[1] -- "There was no actual or intended loss." The word "intended" is significant, because presumably Felicity wanted to get her daughter into a university -- something that could displace another applicant -- yet the Probation Dept. didn't feel that was an INTENDED loss. This could help Lori argue there was no loss in her case as well.
Felicity Huffman[2] wants to make it clear to the judge sentencing her -- what she did in the college case didn't hurt anyone, and therefore there's no precedent to put her in prison for even a day.
Sources directly familiar with Felicity's case tell TMZ ... the "Desperate Housewives" actress and her defense team have 2 arguments for her to spend no time behind bars, despite prosecutors recommending a 1-month sentence[3].
We're told Felicity and co. are pointing to the Probation Department's findings that she should get as little as zero months, because nobody suffered any loss due to her actions. You'll recall, Felicity pled guilty[4] to conspiracy charges for paying $15k to give her daughter a leg up[5] on her college entry