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Federal Judiciary

: Second Circuit Sentencing Blog

Hard Time Getting A Job In The Future? Non-Guidelines Sentence

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United States v. Remy, No. 07-CR-5 (JBW), 2008 WL 5458951 (E.D.N.Y. Dec. 24, 2008)

Simple case.  Remy pled guilty to one count of cocaine importation.  His advisory Guidelines range was 30-37 months, although he qualified for a two level "safety valve" reduction.  Based on 18 U.S.C. § 3553(a), though, Judge Weinstein sentenced Remy to a year and a day. 

More specifically, Judge Weinstein found that Remy "has no criminal history and is a hard worker," and "has some recent medical issues."  Additionally, Judge Weinstein found that the sentence "will send a clear message that any involvement in narcotics importation will result in a substantial prison sentence," and that it is "unlikely that he will engage in further criminal activity in light of his law-abiding background."

Interestingly, Judge Weinstein also noted that Remy had essentially already been punished -- to wit, through "the impact of this conviction on the defendant's ability to apply for certain employment."

Full post as published by Second Circuit Sentencing Blog on January 09, 2009 (boomark / email).

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