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: Second Circuit Sentencing BlogNotwithstanding Brushes With The Law Both Before And After Arrest, Non-Guidelines Sentence For "Earnest Attempts" To Improve Relationships And Professional Skills
United States v. Atabayev, No. 09-CR-455 (JBW), 2010 WL 17279089 (E.D.N.Y. April 9, 2010)
A co-defendant of the case described below, Atabayev also pled guilty to having conspired to possess with intent to distribute MDMA, for which he faced an advisory Guidelines range of imprisonment of between 12 and 18 months. He was sentenced to five years probation. Why?
The instant offense is a serious one, and the court is disturbed by defendant's other brushes with the law, both prior to his arrest for the instant offense and during his period of pre-trial supervision. The defendant's intelligence and his earnest attempts to improve family and other relationships and to develop his professional skills reflect a good possibility that he can overcome his adverse background.
Full post as published by Second Circuit Sentencing Blog on May 05, 2010 (boomark / email).
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