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Discretion Exercised the Right Way

By Melody Evans and Kirk Redmond

Discretion exercised the right way means, of course, a below-guideline sentence that stands up on appeal. The government cried foul when the district court imposed a year-and-a-day sentence rather than the 4-plus years called for by the guideline for transporting heroin, in US v. Munoz-Nava (apologies, I don't know how to type a tilde). Here are some of the factors credited by the sentencing court:It looked to his long and consistent work history, community support, and lack of a felony criminal record, concluding ?[t]he court has received a large number of letters from community members, family members, and from defendant?s employers, in support of the defendant, and attesting to his responsibility, his work ethic. These letters indicate that this offense was highly out of character for this defendant...continue to full post

Full post as published by Kansas Federal Defender on May 07, 2008 (boomark / email).