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Federal Judiciary

: Second Circuit Sentencing Blog

Second Circuit Affirms Wide Upward Variance

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United States v. Martinucci, Docket No. 08-0104-cr (2d Cir. April 8, 2009) (found here)

Martinucci was convicted of some pretty serious crimes (child pornography and sexual abuse and the like). His offense level under the Guidelines was 33, which indicated a sentencing range of 135-168 months imprisonment.  But he also faced a mandatory minimum sentence of 180 months.  The court, however, imposed a 300 month sentence  -- which the Second Circuit affirmed.  More specifically, the Second Circuit found that:

the district court conscientiously reviewed the pertinent sentencing factors specified by § 3553(a) and concluded, considering the seriousness of the offense and the great harm inflicted on the victim, the defendant's recidivism, and his lack of remorse, that the need for punishment, for deterrence of others, and for protection of society jusitified the lengthy imprisonment term.  The court did not exceed its sentencing discretion.



Nothing extraordinary about the decision, other than to note that such wide variances from the Guidelines are not necessarily viewed skeptically by the Second Circuit when a good record has been made by the district court.

Full post as published by Second Circuit Sentencing Blog on April 08, 2009 (boomark / email).

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