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: Second Circuit Sentencing BlogAberrant Conduct Results In Significant Non-Guidelines Sentence
United States v. Mack, No. 08-CR-806 (JBW), 2010 WL 3282648 (E.D.N.Y. Aug. 18, 2010)
Mack, a corrections officer, was convicted by a jury of attempting to use intimidation and corruptly persuade another corrections officer, with intent to hinder, delay and prevent communication to a law enforcement officer of the United States, of information relating to the commission and possible commission of a federal offense, in violation of 18 U.S.C. § 1512(b)(3). She faced an advisory Guidelines range of imprisonment of between 27 and 33 months. She was sentenced to 5 years probation. Why?
The offense is a serious one. Defendant sought to work a substantial subversion of justice. Prior to this offense, she had a long record of good conduct, including an excellent work record and some advanced education. She has strong relationships with a very supportive family, and her siblings and mother are hard-working people who have performed highly useful and important jobs in the civil service and related areas. The offense appears to be an aberration in defendant's conduct. The victim of this incident has already received some compensation from a court settlement; the need for restitution to the victim is not a substantial factor. Defendant has lost her position as a result of this conviction and is currently unemployed. She will suffer substantially from not being able in the future to work in her chose[n] field.
Full post as published by Second Circuit Sentencing Blog on August 24, 2010 (boomark / email).
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