Another Cooperator Gets No-Jail Sentence

United States v. Zhu, No. 09-CR-465-01 (JBW), 2010 WL 3282636 (E.D.N.Y. Aug. 18, 2010)

Zhu pled guilty to smuggling and attempting to clandestinely import counterfeit goods into the United States, for which he faced an advisory Guidelines range of imprisonment of between 30 and 37 months.  He was sentenced to 3 years probation.  Why?  She cooperated, including against her criminal collaborator and former boyfriend who was sentenced to 24 months in prison. 

They say that all may be fair in love and war.  But the same principles sometimes apply in the federal criminal justice system.

The Power Of Cooperation (And Being A Good Inmate)

United States v. Wislon, No. 07-CR-423 (JBW), 2010 WL 2246417 (E.D.N.Y. May 24, 2010)

Wislon pled guilty to having participated in crack cocaine distribution conspiracy, for which he faced an advisory Guidelines range of imprisonment of between 87 and 108 months.  He was sentenced to time served (37+ months).  Why?  Well, there was his cooperation and the Government's 5K letter.  But, additionally, the Court found that Wilson "appears to be basically a person who tried to do the right thing, but he was raised in difficult childhood circumstances.  He has been in prison for over 37 months.  While in prison he has worked and attended religious services regularly.  Letters from his family attest to his strong familial support."  He also faces likely deportation to Jamaica.

United States v. Wislon, No. 07-CR-423 (JBW), 2010 WL 2246417 (E.D.N.Y. May 24, 2010)

Wislon pled guilty to having participated in crack cocaine distribution conspiracy, for which he faced an advisory Guidelines range of imprisonment of between 87 and 108 months.  He was sentenced to time served (37+ months).  Why?  Well, there was his cooperation and the Government's 5K letter.  But, additionally, the Court found that Wilson "appears to be basically a person who tried to do the right thing, but he was raised in difficult childhood circumstances.  He has been in prison for over 37 months.  While in prison he has worked and attended religious services regularly.  Letters from his family attest to his strong familial support."  He also faces likely deportation to Jamaica.

United States v. Wislon, No. 07-CR-423 (JBW), 2010 WL 2246417 (E.D.N.Y. May 24, 2010)

Wislon pled guilty to having participated in crack cocaine distribution conspiracy, for which he faced an advisory Guidelines range of imprisonment of between 87 and 108 months.  He was sentenced to time served (37+ months).  Why?  Well, there was his cooperation and the Government's 5K letter.  But, additionally, the Court found that Wilson "appears to be basically a person who tried to do the right thing, but he was raised in difficult childhood circumstances.  He has been in prison for over 37 months.  While in prison he has worked and attended religious services regularly.  Letters from his family attest to his strong familial support."  He also faces likely deportation to Jamaica.

Two-Thirds Off For Cooperation

United States v. Mahabeer, No. 08-CR-420, 2010 WL 981783 (E.D.N.Y. March 5, 2010)

Mahabeer pled guilty to conspiracy to import cocaine into the United States, for which he faced an advisory Guidelines range of imprisonment of between 24 and 30 months.  He was sentenced to nine months imprisonment.  Why?  "Defendant is remorseful.  He voluntarily pled guilty to a charge more serious than that with which he was originally charged.  He cooperated with the government, and the information he provided has proved useful and productive.  Defendant has a good work record and supportive family, including his wife and two daughters."

Cooperation and Strong Family Relationships

United States v. Stein, No. 09-CR-377 (JBW), 2010 WL 678122 (E.D.N.Y. Feb. 25, 2010)

Stein pled guilty to several securities fraud offenses, for which he faced an advisory Guidelines range of imprisonment of between 188 and 235 months -- pretty serious stuff.  Cowan was sentenced principally to 108 months -- approximately seven years short of the bottom end of his advisory Guidelines range.  Why?  Cooperation and strong family relationships.  Enough said.

Reported Decision on Cooperation

United States v. Cosme, No. 06-CR-608 (JBW), 2010 WL 276599 (E.D.N.Y. Jan. 19, 2010)

Cosme pled guilty to conspiracy to possess with intent to distribute five or more kilos of cocaine.  He faced an advisory Guidelines range of imprisonment of between 87 and 108 months, but was sentenced to time served (approximately 15 months) -- a quite significant variance.  Why?  Cooperation with the Government.

Why do I post this here?  Well, we just don't see that many reported decisions in which the defendant cooperated.  This just goes to show how powerful cooperation can be.  It's not for everyone.  But it's something that the Second Circuit requires that defense counsel discuss with their clients.

A Reminder Of The Power Of Cooperation

United States v. Kidd, No. 07-CR-798 (JBW), 2009 WL 2226486 (E.D.N.Y. June 5, 2009)

Kidd pled guilty to a heroin offense, for which she faced an advisory Guidelines range of imprisonment of between 41 and 51 months.  But she cooperated with the Government "at some risk to herself," and therefore earned a non-Guidelines sentence of five years probation.  A reminder of the power of cooperation.

Rejection Of Non-5K Cooperation As A Basis For Non-Guidelines Sentence Affirmed On Appeal

United States v. Martin, No. 08-2622-cr., 2009 WL 2524003 (2d Cir. Aug. 19, 2009)

Martin appealed his 180 months sentence for a cocaine offense, which sentence was substantially below the sentencing range of 262 to 362 months recommended by the Guidelines.  The sole issue on appeal was whether the district court erred in declining to further reduce Martin's sentence to reflect his attempts to cooperate witht the Government.  Although acknowledging that the district court had the authority to depart downward based on non-5K cooperation, the Second Circuit ultimately rejected Martin's appeal because the district court's "reasons were thoroughly explained and manifestly reasonable."  Thus, the Second Circuit found no error in Martin's sentence -- in other words, a high level of deference to the district courts.

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.

Post-Offense Rehabilitation (And Cooperation) Result In Wide Variance

United States v. Cadle, No. 04-CR-750 (JBW), 2009 WL 1764980 (E.D.N.Y. June 11, 2009)

Short Note:

Cadle pled guilty to conspiring to import cocaine into the United States, an offense for which she faced an advisory Guidelines range of 37 to 46 months imprisonment.  She cooperated with the Government, and received a 5K1.1 Letter.  And she was sentenced to three years probation.

Why?  "The offense took place almost five years prior to this sentencing.  The defendant's actions since that time demonstrate significant rehabilitation.  Cadle has pursued an education and devoted herself to her family responsibilities.  Her cooperation with the government was robust and helped lead to the conviction of a major cocaine trafficker."

Attempted Cooperation As A Basis For A Non-Guidelines Sentence

United States v. Diaz-Tejada, No. 07-4594-cr (2d Cir. Feb. 25, 2009) (found here)

I haven't seen much about attempted cooperation as a basis for a non-Guidelines sentence since the Second Circuit recognized that ground in United States v. Fernandez, 443 F.3d 19, 30 (2006) (described here).  But, in Diaz-Tejada, the Second Circuit came right out and said it: "Diaz-Tejada is correct that attempted cooperation is a factor to be considered under [Section] 3553(a)." 

In his case, though, the Second Circuit found that the district court had, in fact, properly considered his attempted cooperation in determining and imposing sentence.