United States v. Collins, No. 05 Cr. 1193-02 (RWS), 2007 WL 1723718 (June 7, 2007)
Collins plead guilty to certain heroin-related offenses. Based on an offense level of 21 and a criminal history score of VI, Collins had a Guidelines range of 77 to 96 months imprisonment. But he was only sentenced to a non-Guidelines sentence of 36 months (with a recommendation for intensive drug treatment while incarcerated).
On what was the non-Guidelines sentence based?
1. Collins' history and characteristics and, specifically, the severity of Collins' drug abuse problem and the inadequacy of his past treatment.
2. Collins' criminal history which, although lengthy, was related to his substance abuse problems and was largely historical (last arrest was approximately 10 years ago).
3. Collins' "advanced age" of 54.
4. The nature and circumstances of Collins' offense, which involved only one wire transfer and the use of his cellphone (albeit related to heroin).
5. Collins' need for medical treatment and, specifically, the "greater need of additional drug treatment than additional incarceration."
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