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1/24/06
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Drug offense:
Defendant's limited role.
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2/8/06
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Identity theft:
Offense was an isolated one out of character for the
defendant and committed during a time in which he was suffering financially and
emotionally. The memo makes reference to and relies upon letters written by
family members and friends. Includes mention of a psychological exam in which
the psychologist found the defendant suffered from depression. |
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10/6/06
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Child pornography:
Defendant's age (79), poor health, psychology exam that found defendant at a low risk for
committing a sexual offense, a productive life that included military service during war. Cites United States
v. Hunt, 459 F.3d 1180 (11th Cir. 2006).
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12/5/06
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Drug offense:
Crack/powder cocaine disparity. Because of a mandatory
minimum sentence, the memo asks only for a sentence at the bottom of the
Guidelines range.
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2/9/07
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Drug Offense:
Defendant, a relatively minor participant in the conspiracy, is slated to receive a much greater sentence than major participants who received or are receiving a 5K1.1 motion. He's also a Career Offender whose prior offenses, despite generating 18 criminal history points, are minor. The memo argues for a below-Guidelines sentence so as to establish parity with sentences for codefendants and in recognition that the Career Offender classification overstates his prior criminal activity.
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3/29/07
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Drug Offense:
Defendant's post-arrest rehabilitation and limited role. Includes abbreviated crack/powder claim, reference to reduced recidivism for older defendants, and reference to the disparity in drug sentencing between North Florida and the rest of the nation.
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4/16/07
(updated)
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Immigration Offense (unlawful reentry): Defendant's drug trafficking offense that leads to a 16 level increase of the offense level occurred years ago and was a minor incident. Additionally, even though the 11th Circuit has held to the contrary, a lesser sentence is justified to avoid the unwarranted disparity created by the sentencing scheme in "fast-track" districts.
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9/13/07
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Child Pornography:
The memo incorporates a psychological report finding the
defendant to be in a low risk category , cites United States v. Rita,
cites to some recent child pornography cases, and discusses recidivism.
While noting Rita's recognition that the Guidelines do not carry
any presumption of correctness in the trial court, the memo raises the
issue as to whether the validity of the sentence should be measured in
any way by the Guidelines. It's the issue the Supreme Court will be
confronting this term in Gall v. United States.
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10/9/07
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Perjury and Obstruction of Justice:
The memo incorporates the two pending Supreme
Court cases, Gall and Kimbrough, makes use of a psychological report
setting out the defendant's low IQ, and quotes from several letters
written by those who have favorable opinions of the defendant. The memo
includes mention of the sentencing statistics here in North Florida and
even mentions the case against Scooter Libby.
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11/14/07
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Career Offender. Memo includes citations to cases that support the
proposition that the career offender guideline call for ranges greater
than necessary to fulfill the goals of sentencing. There is a
discussion, too, about how career-offender sentences sometimes do little
to reduce crime, can result in disproportionate sentences, and unfairly
results in longer sentences for African-Americans. There is also mention
of drug addiction as a consideration, of the need to avoid only
unwarranted disparity, and of the long drug sentences in the
Northern District of Florida that are twice the national average.
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1/17/08 |
Embezzlement. Asks the Court to consider that the defendant
is the mother of a young child. The memo includes citation to studies
showing the sort of hardship suffered by children when their mothers go
to prison.
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3/10/08
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Cultivation of marijuana. Memo includes references to Kimbrough, Gall,
the 2007 statistics showing how harsh sentences are in North Florida for
drug trafficking offenses, and a discussion about uniformity in
sentencing. Mitigating circumstances include the defendant's age (58),
the fact that he was only helping a friend grow the marijuana, and the
fact that a 9-year-old misdemeanor VOP warrant excluded the defendant
from the benefits of the Safety Valve.
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10/14/08
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Solicitation of a minor for sexual activity (18
U.S.C. §2422(b)). The memo challenges the validity of the guideline, explaining that in
promulgating it, the Sentencing Commission failed to rely upon
"empirical data and national experience" as that shortcoming is
discussed in Kimbrough v. United States," 128 S. Ct. 558 (2007).
There is an argument, too, that the court should consider that, as in
most of these cases, there is no real victim and that it makes little
sense to sentence the defendant just as harshly as if there had been a
real victim. The argument includes mention that the sentencing range has
quadrupled in just five years. The memo cites the reduced risk of
recidivism that can reasonably be expected given the nature of the
offense and the defendant's age. There is also a discussion of the role
the defendant's Bipolar Disorder played in the offense.
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12/11/08 |
The case involves an unusual offense,
essentially, that of an illegal immigrant's obstruction of the
Government's effort to remove him. Nonetheless, the guideline applicable
to the offense is USSG 2L1.1, the one applicable to unlawful reentry. The argument is that the
guideline is not the product of empirical data and national experience,
and that like the crack cocaine guideline, it cannot be assumed that
following the guideline will result in a sentence that fulfills the
goals of sentencing.
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11/19/09 |
Unlawful
reentry with the 16-level increase for a crime of violence. Argument is
that the defendant should receive a below-guidelines sentence because of
: (1) Sentencing Commission's failure to adhere to its institutional
role in establishing the 16-level increase; (2) the disparity created by
the lower sentences in Fast-Track Districts; and (3) the disparity
created by the charge-bargaining that occurs in many districts.
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02/19/10 |
Argues that drug sales were largely the product of
the defendant's drug addiction and that his addiction is a mitigating
circumstance that justified a below-guidelines sentence.
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04/13/10 |
Argues that past sexual abuse of the defendant and resulting mental
health problems justifies a below-guidelines sentence
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07/01/10 |
Child Pornography. Cites most recent criticism of the child pornography guideline and
argues that the defendant should receive a below-guidelines sentence because the guideline fails to distinguish between run-of-the-mill cases such as his and those of more serious offenders. |
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07/01/10 |
Argues for a
below-guidelines sentence citing defendant's young age (19) and his good
employment history. |
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10/18/10 |
Single mother of three young children who had no criminal history was
facing six to seven years for helping boyfriend in a marijuana
conspiracy case. Argues for a below-guideline sentence because she was
led into the offense by her boyfriend and because of her
responsibilities for her children.
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10/18/10 |
Defendant played a limited role in the theft offense, but his offense level was inflated due to
the loss amount generated by the conduct of the codefendant. The memo argues that the defendant
should receive a below-guidelines sentence or a reduction for minor role because the loss overstates
his responsibility. |
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5/11/11 |
 Career Offender. Argues that defendant should receive a
below-guidelines sentence because the predicate offenses are old and
involved small amounts of drugs. Goes on to say that the career offender
guideline has little deterrent effect when applied to low-level drug
sellers, often results in harsh sentences that are disproportionate to
the offense, and unfairly produces long sentences for African-Americans.
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6/10/11 |
Unlawful reentry case. Includes argument for a below-guidelines sentence
based on cultural assimilation, the disparity created by the lower
sentences in fast-track districts, and the disparity created by the
charge-bargaining that occurs in many districts. Based on the proposed
amendments to the guidelines, asks judge not to impose supervised
release. There are 2 exhibits attached to the end of the document.
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