United States v. Bertelle, No. 09-cr-253, 2009 WL 4666036 (E.D.N.Y. Dec. 8, 2009)
Bertelle pled guilty to conspiracy to commit mail fraud, for which he faced an advisory Guidelines range of imprisonment of between 37 and 46 months. He was sentenced, however, to 24 months imprisonment. As the district court explained with regard to this non-Guidelines sentence:
The defendant was involved in a serious fraud of the type that greatly increases waterfront industry costs, interferes with the ability of people to obtain jobs in the industry, which has been plagued by fraud. Despite his involvement in this conspiracy, the defendant has no criminal history, is a member of a loving family and exhibited superior performance in a vital and dangerous job.
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