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Violent Offenses
Client #1: Ben was a 27 year-old, unemployed repeat offender from a broken home with a history of substance abuse. He and his co-defendants committed five robberies, once assaulting a store manager with a firearm. Ben was arrested by federal authorities and denied bond. Ben also had a three- to six-year sentence pending at the Pennsylvania Department of Corrections, stemming from a cocaine possession case several years earlier. Offense(s): Ben pled guilty to three counts:
Probation Office Recommendation: According to the Probation Office's calculations of the Federal Sentencing Guidelines, Ben's total adjusted offense level was 32 and his criminal history was VI. Given the serious nature and extent of his criminal history, Ben qualified as a "Career Offender." Thus, Ben's recommended guideline imprisonment range for the first two counts was 210 to 262 months with a five-year consecutive sentence for the third count. While Ben was facing a 25-year sentence, the Probation Office did recognize that a downward departure may have been warranted based on Ben's cooperation with the government pursuant to § 5K1.1. NCIA's Recommendation: NCIA highlighted several issues in Ben's background for the Court to consider in determining whether, and to what extent, to grant a downward departure. Specifically, we noted Ben and his brothers' lack of a positive male presence in their lives - their father was an abusive alcoholic and eventually left their mother - and the fact that each had developed substance abuse problems, particularly with cocaine, and criminal records. We also pointed to the fact that Ben would still have to serve a three- to six- year Commonwealth of Pennsylvania sentence upon the completion of his federal sentence. As part of our analysis of Ben's guidelines, we found an error in the Probation Office's calculations that, by itself, afforded Ben up to 27 months off of the his recommended guideline imprisonment range. Outcome: The Court departed downward, sentencing Ben to ten years in the Federal Bureau of Prisons. In addition, the Court made clear its intention that Ben's federal sentence run concurrently with his state sentence. Given the potential sentence he faced, this was an outstanding result. Client #2: Steve was a 24 year-old first-time offender who worked in Virginia as a computer technician. After a night out with his co-defendant, he was involved in an altercation with the owner of a bar at which they had been drinking. Offense(s): Steve pled guilty to one count of Malicious Wounding in violation of VCC § 18.2-51. Jurisdiction: Alexandria Circuit Court, Virginia NCIA's Recommendation: NCIA highlighted several issues in Todd's background for the Court to consider in passing sentence. Specifically, he had been honorably discharged from the United States Navy and had a successful work history. In addition, Todd exhibited no tendency toward violent behavior. Given the aberrant nature of his conduct, NCIA recommended that he be sentenced to a period of probation, as well as complete a significant community service placement. Outcome: The court followed NCIA’s recommendation.
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