Federal Judiciary

United States v. Hurtado, No. 06-CR-741 (JBW), 2007 WL 4322972 (E.D.N.Y. Dec. 4, 2007)

Hurtado's advisory Guidelines range was 46 to 57 months for his narcotics conspiracy.  But the court sentenced him to 18 months incarceration.  Several reasons relating to the purposes of punishment (deterrence, rehabilitation, etc.) were given for that significantly reduced sentence.  Most interestingly, however, the court considered "the extent of his criminal behavior," which amounted to only a "few hours."  Otherwise, Hurtado was "a very hard worker who owned a pedi cab business consisting of four pedicabs that he operated himself and leased to others.  He regularly sent more than $700 a month in child support to his ex-wife and he maintains a close relationship with his children." 

Just goes to show the tremendous impact that presenting facts relating to the 18 U.S.C. 3553(a) factors can have.