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: Second Circuit Sentencing BlogDefendant Taken Advantage Of -- Family Circumstances -- Non-Guidelines Sentence
United States v. Morillo, No. 08-CR-920 (JBW), 2009 WL 3174096 (E.D.N.Y. Oct. 1, 2009)
Quick note:
Morillo pled guilty to importing heroin into the United States, for which she faced an advisory Guidelines range of imprisonment of between 37 to 46 months after the saftey valve was taken into consideration. The district court, however, sentenced her to 24 months imprisonment because the offense:
appears to have been an aberrational crime that was committed at the behest of drug smugglers seeking to take advantage of the relative youth and immaturity of this defendant, in light of her financial circumstances and desire to support her young child. She is young and capable of leading a productive and law-abiding life. Her expressions of contrition appear sincere. Her son is in the care of a family friend in the Dominican Republic; the son's father is not involved in the child's care and provides no support. Matos Morillo's mother is undergoing treatment for cancer and is unable to help with the child's care. It is desirable that the defendant resume custody and care of her child and assist her sick mother. A sentence of 24 months reflects the seriousness of the offense, and will promote respect for the law and provide just punishment.
Full post as published by Second Circuit Sentencing Blog on October 24, 2009 (boomark / email).
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