OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Close This Box!

Title 18 U.S.C. § 3553(a)(1) directs the Court to consider "the history and characteristics of the defendant" when determining the appropriate sentence.  As noted by the Probation Officer in his report, Samuels was raised under poor economic circumstances with an abusive father addicted to crack.  She dropped out of school in order to support her family, and she has stated that her sale of narcotics was for economic reasons.  Her abuse of crack was never extensive, and she reportedly stopped abusing and selling crack in November 2007 on her own initiative, two months prior to her arrest.  The probation officer noted in the PSR that her abuse of drugs was a source of embarrassment to her and kept from her family, and Samuels has stated that she has no desire to ever use drugs again.



Samuels has acknowledged responsibility for her actions, stated that she has learned a valuable lesson from it, and seeks to move forward to become a productive member of society.  Her 15 months of incarceration reflect the positive change that the Defendant seeks to make in her life.  She has successfully completed a typing class, undergone Inmate Companion Training, is pursuing classes in order to earn a GED degree, and leads a trusted cleaning crew that is permitted access to nearly all parts of the MDC.  She has never been written up for a disciplinary infraction while in custody.  Upon her return to society, Samuels appears well positioned to complete her education and pursue gainful employment in support of her family.



Because a term of incarceration beyond time already served would not serve the goals of the penal system with respect to this Defendant, a downward departure from the Guidelines is appropriate.