Federal Judiciary

United States v. Santano, No. 07-CR-874 (JBW), 2009 WL 2600356 (E.D.N.Y. Aug. 24, 2009)

An unusual procedural history and flexibility on the part of the district court yields a just sentence.

Santano was convicted of conspiracy to distribute and possession with intent to distribute more than 50 grams of crack cocaine -- an offense for which he faced a 120 month (10 year) mandatory minimum sentence.  At a November 25, 2008 sentencing hearing, the district court was prepared to sentence Santano to 120 months, but recessed the sentencing hearing so that he could consult with his attorneys about possible "safety valve" consideration.  Even with that consultation, Santano refused.  Thus, the distirct court sentenced him to 120 months imprisonment.

The very next day, though, the district court issued an order staying the sentence pending a psychiatric evaluation.  That evaluation indicated that Santano did not suffer from any major medical illness and was capable of proceeding with sentencing.  Nevertheless, in the intervening time period, Santano availed himself of the "safety valve."  Thus, at a June 22, 2009 hearing, the prior sentence was "cancelled" and Santano was sentenced to 37 months imprisonment.

"Cancellation" of sentencing proceedings may not appear in the Federal Rules of Criminal Procedure.  But with the right judge, prosecutor and defense attorney, fairness and justice can be achieved.