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Federal Judiciary

: Second Circuit Sentencing Blog

Severe Personal Background (That Is, History And Characteristics) Results In Non-Guidelines Sentence

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United States v. Goltson, No. 09-CR-461 (JBW), 2010 WL 4032399 (E.D.N.Y. Oct. 13, 2010)

Goltson pled guilty to a lesser-included offense within a single-count indictment charging him with conspiring to distribute and possess with intent to distribute cocaine base, for which he faced an advisory Guidelines range of imprisonment of between 57 and 71 months (inclusive of safety-valve and acceptance of responsibility adjustments).  Goltson was sentence to time served (18 months).  Why:

The offense of conspiracy to distribute and possess with intent to distribute is serious. As a child, Goltson was abused by his father, a heroin addict, and was raised in conditions of severe poverty. He suffers from depression and a severe learning disability, and he has received no education beyond middle school. Goltson has three children: two young daughters and a son in middle school. He remains close to his family and has been offered housing and employment by relatives. Because the defendant has already served eighteen months, a sentence of time served reflects the seriousness of the offense and will promote respect for the law and provide just punishment.

Full post as published by Second Circuit Sentencing Blog on October 19, 2010 (boomark / email).

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