United States v. Wynaar, No. 09-CR-656 (JBW), 2010 WL 3718912 (E.D.N.Y. Sept. 13, 2010)
Wynaar was convicted at trial of conspiring to import cocaine, conspiring to attempt to import cocaine, and conspiracy to attempt to possess cocaine, for which he faced an advisory Guidelines range of imprisonment of between 78 and 97 months. The court, however, sentenced him to 60 months imprisonment. Why?
The offenses of conviction were serious. Defendant was convicted by a jury of conspiring and attempting to import large, distribution quantities of cocaine into the United States from Suriname. He has exhibited on many occasions a disregard for the criminal law. A significant period of incarceration is appropriate for purposes of achieving specific deterrence. Defendant has, however, an excellent work history and a large, supportive family. The high statutory minimum applicable in this case, plus the maximum term of supervised release, will adequately serve the purposes of sentencing.
Could these same grounds for a non-Guidelines sentence also apply in, say, a white-collar setting?