Sentencing

Recent Federal Cases

  • N.V. a convicted felon out on parole, was charged by federal authorities with conspiracy to possess and distribute crack cocaine and heroin under 21. U.S.C. 841 (b)(1)(C). Although he faced a federal sentencing guidelines range of 30-37 months’ imprisonment, the Court sentenced N.V. to 8 months’ jail. No cooperation or 5K1.1 motion was involved.
  • Y.P. a convicted felon, was charged by federal authorities with conspiracy to possess and distribute heroin in violation of 21 USC 841(b)(1)(A). Although Y.P. faced a ten-year mandatory minimum sentence, the federal prosecutors agreed to reduce the charges to one that did not carry any mandatory minimum sentence. Instead of receiving a sentence of ten years or more, Y.P. eventually was sentenced to 36 months’ of imprisonment. No cooperation or 5K1.1 motion was involved.

 

Recent State Cases

  • U.C. was charged with assault for punching and injuring another person and faced deportation if convicted. State prosecutors agreed to reduce the charges to a non-criminal violation with no jail time. U.C. thus avoided a criminal record, jail, and deportation.
  • W.Y. was arrested for possession of a firearm after NYPD conducted a search and recovered a handgun in W.Y.’s bedroom. After prolonged litigation and DNA testing showing that W.Y’s DNA was not on the firearm, state prosecutors dismissed the felony firearms charge.
  • E.E. a 15 year-old, was charged with attempted murder and possession of a firearm stemming from a shooting in Manhattan. After negotiations, state prosecutors agreed to dismiss the attempted murder charge and permit E.E. to plead guilty to a reduced charge. E.E. eventually was sentenced to five years of probation as a youthful offender, meaning that there was no criminal conviction on E.E.’s record.
  • S.H. was charged with assault, reckless endangerment, for disobeying traffic police and driving a motorcycle into the route of the Presidential motorcade near the U.N. and ramming the motorcycle into a law enforcement officer. Believing S.H. may have been a terrorist, the police tackled S.H. and arrested S.H. After negotiations, the District Attorney’s Office agreed to reduce the charges with no jail time.