United States v. Gray, No. 08-CR-806-03 (JBW), 2010 WL 1221762 (E.D.N.Y. March 29, 2010)
Gray pled guilty to making a false entry in a record and document with the intent to impede, obstruct or influence the investigation by the DOJ and a Section 1001 violation, for which he faced an advisory Guidelines range of imprisonment of between 27 and 33 months. He was sentenced to six months imprisonment. Why?
The offenses of obstruction of justice and false statement were serious. Defendant participated in the cover-up of improper treatment of an inmate. As a corrections officer, he held a position of public trust. He should have prevented or reported the incident he witnessed. Other than offenses of conviction, defendant appears to have led a law-abiding life. He has a good work history.
United States v. Wells, No. 08-CR-806-01 (JBW), 2010 WL 1221766 (E.D.N.Y. March 29, 2010)
Wells was convicted of several obstuction of justice related offenses, for which he faced an advisory Guidelines range of imprisonment of between 27 and 33 months. He was sentenced to a year-and-a-day. Why?
The offenses of conviction, including obstruction of justice and corrupt persuasion, are serious. Wells was a leader who rose to a position of authority after a long career in the New York City corrections system. He earned the respect of his fellow corrections officers and those under his supervision. The victim, an inmate, was in a position of unique vulnerability and defenselessness. The offenses were an abuse of defendant's position of authority and public trust, and a failure of leadership. In light of defendant's strong background and work history, this appears to have been aberrant behavior.