Federal Judiciary

United States v. Zambrano, No. 07-CR-301 (JBW), 2007 WL 4115993 (E.D.N.Y.  Nov. 20, 2007)

Zambrano pled guilty to a single-count indictment charging that he was illegally present in the United States in violation of 8 U.S.C. §§ 1326(a) and 1326(b)(2).  Based on a total offense level of 21 and a criminal history category of III, his advisory Guidelines range was 46 to 57 months.  But Judge Weinstein sentenced him to 18 months imprisonment because Zambrano had "returned to the United States in order to financially assist his wife and two children," who were U.S. citizens.  He also wanted to pay for the medical expenses of his sick father, a diabetic, who also needs an operation to remove a tumor from his throat. 

Seems like rather run-of-the-mill reasons.  But it at least provides some cover for defense lawyers who might make similar arguments under 18 U.S.C. § 3553(a).