United States v. Ginzburg, No. 09-CR-455 (S-2)-01 (JBW), 2010 WL 2540599 (E.D.N.Y. June 17, 2010)
Ginzburg (in companion cases to those described below) pled guilty to having conspired to possess with intent to distribute MDMA, for which he faced an advisory Guidelines range of imprisonment of between 97 and 121 months. He was sentenced to 36 months in prison. Why?
Defendant comes from a good family with hard working parents. Defendant dropped out of school at a young age, did not take his education seriously, and has had prior brushes with the law. Defendant has committed a very serious offense. Defendant's participation in the instant offense involved supplying ecstasy to others for further distribution. The conduct continued over a number of years. The volume of sales was extensive. Defendant is highly culpable. Due to the defendant's youth and immaturity, sentencing within the guidelines would not be appropriate because it would be overly destructive.