The National Center on Institutions and Alternatives, Inc. (NCIA) , a leader in federal sentencing services, today announced that one of its clients received a combination of alternatives to incarceration instead of the sentencing guideline of 37-43 months of incarceration.

NCIA’s client was convicted in the United States District Court, Middle District of Florida, Orlando Division of Conspiracy to Commit Honest Services Fraud after his second trial.  NCIA was retained by the client’s attorney to prepare the sentencing memorandum and presentation materials for use by the attorney at the sentencing hearing.  Mr. Herbert Hoelter, NCIA’s co-founder and CEO, also provided testimony at the sentencing hearing.   Part of the sentencing work included development of an alternative sentencing proposal and a disparity analysis showing that 60% of similarly situated defendants received a sentence of probation or less than one year incarceration.  The Federal Sentencing Guidelines range was 37-43 months and the U.S. Attorney was seeking upward adjustments which would increase the Federal Sentencing Guidelines to 108 months.

The United States District Judge did not depart from the Sentencing Guidelines, but granted a variance upon consideration of other factors listed in 18 U.S.C. §3553(a).  The final sentence resulted in 4 years probation, 400 hours community service, 18 months of home confinement and 60 days of intermittent confinement (weekends) at a community corrections center.

Mr. James M. Russ, the attorney for the client stated, “The work and dedication NCIA put in to the successful resolution of this case were unparalleled in my experience.  The favorable sentence is a testament to that work and dedication.  The client’s family and the Russ law firm are profoundly grateful.”