Severe Personal Background (That Is, History And Characteristics) Results In Non-Guidelines Sentence

United States v. Goltson, No. 09-CR-461 (JBW), 2010 WL 4032399 (E.D.N.Y. Oct. 13, 2010)

Goltson pled guilty to a lesser-included offense within a single-count indictment charging him with conspiring to distribute and possess with intent to distribute cocaine base, for which he faced an advisory Guidelines range of imprisonment of between 57 and 71 months (inclusive of safety-valve and acceptance of responsibility adjustments).  Goltson was sentence to time served (18 months).  Why:

The offense of conspiracy to distribute and possess with intent to distribute is serious. As a child, Goltson was abused by his father, a heroin addict, and was raised in conditions of severe poverty. He suffers from depression and a severe learning disability, and he has received no education beyond middle school. Goltson has three children: two young daughters and a son in middle school. He remains close to his family and has been offered housing and employment by relatives. Because the defendant has already served eighteen months, a sentence of time served reflects the seriousness of the offense and will promote respect for the law and provide just punishment.

Comments

[Stephanie P]

FYI: The Westlaw citation here is incorrect. It should be 2010 WL 4023299. (The citation above transposes the 3s and 2s.)

@ Mr. Marchelewski: Virtually all of the social science research suggests that it is certainty of punishment, and not duration of sentence, that deters crime. With respect to Mr. Goltson himself, Judge Weinstein found that the 18 months, combined with the impact of Mr. Goltson's imprisonment on his employment prospects, was significant punishment. The court also noted, "It is unlikely that he will engage in further criminal activity in light of his age, his close familial connections, his determination to serve as a positive role model for his children, his desire to gain an education, and his genuine remorse for his crime."

[Joseph Marchelewski]

Why do I have trouble believing that the defendant will suddenly develop a new-found respect for the law after such a lenient sentence?