United States v. Gayle, No. 09-CR-35S (JBW), 2010 WL 2540488 (E.D.N.Y. June 17, 2010)
Gayle pled guilty to having conspired to commit wire fraud, for which she faced an advisory Guidelines range of imprisonment of between 37 and 46 months. She was sentenced to five years probation. Why?
The offense of mortgage fraud is a serious one. Defendant has a remarkable history of community service. She has worked a number of jobs simultaneously. Her family relationships are strong, and she has been a model to many people. Had she had a proper start in her career, she probably would have been an excellent attorney who could have helped many people. She is the primary source of support, both financial and psychological, for her young child.
This seems to me to be a case in which a defense attorney did an excellent job of rounding up all of the 3553-type facts for a sentencing hearing, and presenting same to the Court. And the sum of all those facts resulted in good result -- no jail time.
