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Fact Considerations at Sentencing
United States v. Blake, No. 10-CR-206, 2010 WL 3037511 (E.D.N.Y. July 21, 2010) Blake pled guilty to attempted illegal reentry into the United States, for
which he faced an
advisory Guidelines range of imprisonment of between 41 and 51 months.
He was sentenced to a 5 months in prison. Why? On February 10, 2010, defendant's mother passed away in the United States. Defendant's sister, also living in the United States, contacted both the United States Attorney General's Office and United States Customs and Border Protection, and was apparently told that defendant would be allowed to reenter the United States to attend his mother's funeral. Defendant returned to the United States on February 19, 2010 and was detained by Immigration and Customs Enforcement (ICE) at John F. Kennedy International Airport. Since his deportation in 2001, the defendant has led a law-abiding life and worked in the construction industry. His family in Jamaica, including a young daughter who suffers from severe asthma, depends on him for financial support.
United States v. Gil-Arenas, No. 09-CR-864-01 (JBW), 2010
WL 2816582 (E.D.N.Y. July 12, 2010) Gil-Arenas pled guilty to illegal reentry into the United States, for
which he faced an
advisory Guidelines range of imprisonment of between 37 and 46 months.
He was sentenced to a 15 months in prison. Why? It is worthy to note that the defendant reentered the United States in order to reunite with his son and sister following the death of a close relative. The defendant seems to have a good background except for one prior crime committed over twenty years ago. He benefitted greatly from receiving Distress Tolerance Skills Training from the Columbia University Social Work Extern Program at MDC Brooklym, and was awarded a Certificate of Achievement for his participation.
United States v. De La Rosa, No. 09-CR-497 (JBW), 2010
WL 2816475 (E.D.N.Y. July 12, 2010) De La Rosa pled guilty to importing 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 a year-and-a-day in prison. Why? The importation of cocaine is a serious offense. The defendant does not have a prior criminal history. He is a young man of some intelligence who had the ambition to attend college for one semester, but was unable to continue due to a lack of funds. He became involved in the importation of cocaine in order to obtain money to assist his mother, who lives on limited means in the Dominican Republic, as well as to be able to afford to continue his college education. Subsequent to arrest, the defendant attempted to cooperate fully with the government, though the information he provided did not lead to an investigation.
United States v. Parrish, No. 09-2482-cr (2d Cir. June 24, 2010) (found here) Parrish violated the terms of his supervised release, for which he faced an advisory Guidelines range of punishment of between 5 and 11 months. The district court, though, sentenced him to 42 months imprisonment. On appeal, that sentence was affirmed. In particular, the Second Circuit found that "[a]ny severity apparent in Parrish's violation sentence (almost four times the top of the Guidelines range) vanishes when one considers the tremendous leniency of his underlying sentence (barely more than one-eighth of the bottom of the Guidelines range)." The Second Circuit went on to note that: The Guidelines specifically provide than an upward departure may be warranted in sentencing for a violation of supervised release where a downward departure was granted at the sentencing for the underlying conviction. Where the original downward departure was a major departure, as it was in this case, a district court may well act reasonably when it applies a major upward departure to the defendant who has been shown such leniency and has later breached that trust by violating his supervised release.
Hate to admit it, but it sounds like the right result to me. What do you think?
United States v. Ortega, No. 09-CR-742-01 (JBW), 2010
WL
2541364 (E.D.N.Y. June 17, 2010) Ortega pled guilty to having
imported cocaine into the United States, for
which he faced an
advisory Guidelines range of imprisonment of between 30 and 37 months.
He was sentenced to a year-and-a-year in prison.
Why? This is a
very serious offense involving the importation of drugs. Drugs are
responsible for the destruction of many lives, especially those of young
people. An incarceratory sentence is warranted. The defendant seems to
be an individual of good character, in light of his supportive family
and work history. The defendant's conduct seems to be aberrational,
because at the time of the offense, he was under significant financial
stress.
United States v. Ginzburg, No. 09-CR-455 (S-2)-01 (JBW), 2010 WL
2540599 (E.D.N.Y. June 17, 2010) Ginzburg (in companion cases to those described below) pled guilty to having
conspired to possess with intent to distribute MDMA, for
which he faced an
advisory Guidelines range of imprisonment of between 97 and 121 months.
He was sentenced to 36 months in prison.
Why? Defendant
comes from a good family with hard working parents. Defendant dropped
out of school at a young age, did not take his education seriously, and
has had prior brushes with the law. Defendant has committed a very
serious offense. Defendant's participation in the instant offense
involved supplying ecstasy to others for further distribution. The
conduct continued over a number of years. The volume of sales was
extensive. Defendant is highly culpable. Due to the defendant's youth
and immaturity, sentencing within the guidelines would not be
appropriate because it would be overly destructive.
United States v. Gurshumov, No. 09-CR-455 (JBW), 2010 WL 2540694 (E.D.N.Y. June 17, 2010) Gurshumov pled guilty to having
conspired to possess with intent to distribute MDMA, for
which he faced an
advisory Guidelines range of imprisonment of between 18 and 20 months.
He was sentenced to a year-and-a-day.
Why? "The defendant has strong family connections. He has made great strides in attempting to educate himself in carpentry, plumbing and related trades, and towards rehabilitation through drug treatment."
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