United States v. Torres, No. 08 Cr. 1062-01 (RWS), 2009 WL 1619640 (S.D.N.Y. June 4, 2009)
Torres pled guilty to one count of conspiracy to distribute and possession with intent to distribute crack. Based on her advisory Guidelines offense level of 23 and criminal history category of VI (which was based on 15 total criminal history points that, in turn, was based on 19 arrests/convictions), Torres faced an advisory Guidelines range of imprisonment of between 92 and 115 months. She was, however, sentenced to 36 months imprisonment based on her extraordinarily sad personal history, which bears quoting in full here:
Torres has had a long history of drug addiction, which started when she was introduced to marijuana by her uncle at age 11. The same uncle introduced her to crack at 12, and sexually abused her for three months during that time. She began using crack regularly at age 16. Torres was sent to a group home by her grandmother when she was 15, but has lived on the streets or with friends and associates since she was 16.
Torres has two children, David, age 10, and Kriestien, age 7. David was taken away from Torres at birth because David tested positive for drugs, and she has not seen him in several years. During her pregnancy with her son Kriestien, who was the result of a rape, Torres stopped using drugs. Kristein is currently living with Defendants' sister, age 20, and mother, who continues to struggle with addiction.
Torres suffers from asthma in addition to seizures that she attributes to her drug use.
Torres has never participated in a drug treatment program. She has expressed a desire to seek rehabilitation for her drug addiction. In addition, she has participated in GED classes for the past 6 months while incarcerated at the MDC and expressed an interest in becoming a productive member of society upon her release.
Because a Guidelines term of incarceration would not serve the goals of the penal system with respect to this Defendant, a downward departure from the Guidelines is appropriate.