United States v. Rodriguez, No. 08-CR-332 (JBW), 2010 WL 2629823 (E.D.N.Y. May 28, 2010)
Rodriguez pled guilty to a one-count indictment charging conspiracy to commit wire fraud, for which he faced an advisory Guidelines range of imprisonment of between 33 and 41 months. He was sentenced to 6 months in prison. Why? "The defendant is a young man with a good work record and loving family. He is unsophisticated and played a relatively mechanical administrative role in the conspiracy."
This case is a good example of using something that might form the basis of a Guidelines calculation (i.e., a minor role adjustment) as a basis for a non-Guidelines sentence as well.








