A Lesson In Why Post-Offense Rehabilitation Can Be So Important: Courts Don't Like To Disrupt Lives That Are On The Way To Full Rehabilitation

United States v. Nalley, No. 10-CR-224 (JBW), 2010 WL 3909468 (E.D.N.Y. Sept. 29, 2010)

Nalley pled guilty to conspiracy to distribute crack cocaine, for which he faced an advisory Guidelines range of imprisonment of between 70 and 87 months.  He did, however, qualify for the safety valve, and was sentenced to five years probation.  Why (other than the safety valve)?

The offense of possession of cocaine with intent to distribute is serious.  The defendant's character nevertheless appears to be good, and he has demonstrated a concerted effort to reform.  Since the defendant's last illegal conduct in September 2008, he has made great strides to better himself and provide for his family.  The defendant is employed in a union job, which allows him to earn a good living.  He is leading a useful life, providing for his two-month old son and paying child support for his eleven year old daughter who lives with her mother in a different home.  Probation allows him to continue to rehabilitate himself and support two families.

This isn't just about post-offense rehabilitation.  Rather, this is also about a court's unwillingness to disrupt a life that is on the road to full rehabilitation, notwithstanding the defendant's past offenses.

Never Underestimate The Power Of Contrition

United States v. Morales, No. 09-CR-617-03 (JBW), 2010 WL 3781017 (E.D.N.Y. Sept. 21, 2010)

Morales pled guilty to conspiring to import cocaine into the United States, for which he faced an advisory Guidelines range of imprisonment of between 37 and 46 months (inclusive of a four-point minimal role adjustment and a three-point acceptance of responsibilty adjustment).  The court sentenced him to five years probation.  Why?

The offense is a serious one.  Defendant appears to be contrite and has demonstrated that she understands the seriousness of the crime.  Defendant comes from a stable matriarchal family and has support from her extended family.  She has educated herself despite coming from deprived circumstances.  She was raised without a breadwinner in the family except for her mother, who was able to do only menial work because of her limited education.  Defendant has demonstrated her ability to hold down a job and had formerly been a productive member of society.

Snagged At The Airport When Returning To United States To Attend Mother's Funeral

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.

Once Again, The Power Of Pre-Sentencing Rehabilitation

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."

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."