Non-5K Cooperation Leads (In Part) To A Non-Guidelines Sentence

United States v. Baldev, No. 08-CR-868 (JBW), 2009 WL 2878445 (E.D.N.Y. Sept. 2, 2009)

A quick note:

Baldev pled guilty to count two of a five-count indictment, which charged that he, together with others, conspired to distribute and possess with intent to distribute marijuana.  For that offense, Baldev faced an advisory Guidelines range of 18 to 24 months imprisonment.  The court, however, sentenced him to time served, which amounted to more than six and a half months imprisonment.  Why?  Because: (1) Baldev's "involvement in the conspiracy was limited and brief in duration"; (2) it was his first offense; (3) he has serious medical conditions that require treatment; and (4) perhaps most importantly, he provided information to the Government, although that information did not result in a 5K letter.