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Federal Judiciary

: Second Circuit Sentencing Blog

Non-Guidelines Sentence Based On Defendant's History And Characteristics

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United States v. Bello, No. 08-CR-801 (JBW), 2009 WL 1310791 (E.D.N.Y. May 5, 2009)

Bello pled guilty to a narcotics offense for which the Guidelines indicated a 37 to 46 month term of imprisonment (Level 21). Bello, however, qualified for 2 level reduction pursuant to Sections 2D1.1(b)(11) and 5C1.2 of the Guidelines, thereby reducing his advisory Guidelines range to 30 to 37 months (Level 19). The court, however, sentenced him to 18 months imprisonment based principally on his history and characteristics. Here is how the court described it:

The offense is serious: the defendant ingested numerous heroin-filled pellets for importation into the United States. He is a highly intelligent and hard working young man who has accepted responsibility for his criminal actgions. He has been the financial provider to his family since he was a teenager; his mother, infant son, and son's mother in the Dominican Republic have faced significant hardship in his absence.

Full post as published by Second Circuit Sentencing Blog on May 15, 2009 (boomark / email).

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