United States v. Dauria, No. 08-CR-76 (JBW), 2008 WL 5459197 (E.D.N.Y. Nov. 24, 2008)
Maybe Judge Weinstein has a soft-spot for a woman arrested in connection with a February sweep of alleged Gambino organized crime family members. Or maybe he genuinely believed Dauria's sentencing arguments. Or maybe there is an something I'm just missing.
But the Judge's variance from the Guidelines is extraordinary. Dauria pled guilty having conspired to commit mail fraud. Her offense level was 15, and her criminal history category was II, yielding an advisory Guidelines range of 21 to 27 months imprisonment.
The sentence? Three years probation.
The reason? "Dauria has moved away from the locality of the crime back to her hometown in Pennsylvania. She plans to pursue her bachelor's degree. She has joint custory of her child. A period of incarceration would hamper her ability to move forward in pursuit of her educational, career and parenting goals."
What else? Judge Weinstein declared Dauria "a rehabilitated defendant."