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: Second Circuit Sentencing BlogServing Time For The Same Crime
United States v. Armstrong, No. 07-CR-874 (JBW), 2008 WL 5459177 (E.D.N.Y. Dec. 22, 2008)
This is interesting.
Armstrong pled guilty to a serious offense -- he was "a member of a gang that disturbed the peace and threatened the safety of a public housing project." The advisory Guidelines recommended a 135-168 month sentence (and a 5 year mandatory minimum), yet Judge Weinstein sentenced him to 84 months. Why? Well, "Armstrong's childhood was affected by inadequate parental control." Moreover, he was "of slight stature and juvenile appearance, which may make his time in prison particularly hazardous."
But perhaps more interestingly, he "had already served fourteen months time under a state sentence for essentially the same conduct."
Full post as published by Second Circuit Sentencing Blog on January 09, 2009 (boomark / email).
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