Public Defense

Important Recent First Circuit Case

By Chris Goddu

Milo

Time served (18 days) sentence unreasonable in 6000k marijuana cooperator case with 10 year man min and government recommendation of 75 months. No error in affording some weight to large forfeiture order in determining overall sentence. No error in affording some weight to charitable activities as evidence that D had turned life around, was genuinely contrite and would not re-offend. Episode of cocaine use did not render clearly erroneous court?s finding that D had turned life around, based on overall behavior, charitable works, supporting letters, and impression made by D?s allocution. Fact that D received acceptance of responsibility did not mean that he had already been given credit for contrition, since over 90% of drug traffickers who plead guilty get acceptance, whether truly contrite and unlikely to offend or not. D?s true contrition, and no likelihood of re-offending demonstrates that prison time is not needed to reform him, but need to deter others is major element of criminal sentencing. Where crime major, no prison time undermines public confidence in enforcement of law. There are reasons to give weight to govt recommendations for cooperation reductions, and judge?s adjustment to this is reviewable for reasonableness. While benefits of cooperation are worth paying the price, public interest suggests discounting D?s sentence no more than is necessary to elicit help for law enforcement. Taking into account both contrition and cooperation, it is far from clear that adequate basis could be furnished for no jail time.

Full post as published by First Circuit Federal Defender Blog on November 01, 2007 (boomark / email).