I believe but cannot (due to crappy airplane wireless and the fact that I'm using my phone to read) confirm that there are elements missing from Swartz's offense that would have prevented a maximal sentence.
Either way, I assume we agree that the DOJ published the press release knowing full well Swartz would not actually be subject to 35 years.
... and in the interpretation most generous to the DoJ I came up with a sentencing grade of 27, which works out to 7 years for a first-time offender.
I think if you read through the guidelines (they're interesting!) you'll see right away that there was no way he could have gotten 35 years. I stand by "the DOJ lied about the sentence in the press release".
Either way, I assume we agree that the DOJ published the press release knowing full well Swartz would not actually be subject to 35 years.