Federal Judiciary

United States v. Rincon, No. 07-CR-44-01, 2007 WL 4322979 (JBW) (E.D.N.Y. Dec. 6, 2007)

Rincon pled guilty to one count of possession with intent to distribute cocaine, an offense for which the Probation Department calculated an advisory Guidelines range of 18 to 24 months.  The court, however, granted a four-level downward adjustment because of Rincon's minimal role in the offense.  And then it explained its reasons for imposition of a non-Guidelines sentence: "the defendant had been a hard worker, both in the United States and in Columbia, until a recent accident rendered him unable to work.  The defendant maintains relationships with his children by three women, including one son who lived with him until the time of his arrest."  Interesting, Rincin had spent three weeks in jail and eleven month on home detention in his one bedroom apartment.  But we know that doesn't count towards satisfaction of the ultimate sentence imposed.