Federal Judiciary

United States v. Smith, No. 08-CR-545 (JBW), 2009 WL 971682 (E.D.N.Y. April 2, 2009)

How do you get from a five year mandatory minimum sentence and an advisory Guidelines range of 37 to 46 months down to a sentence of only a year and a day?  The safety valve, of course.  Also, it doesn't hurt that you've got a nice sentencing story and a couple of bucks to forfeit:

The defendant is intelligent and thoughtful, and he has taken responsibility for his criminal acts.  He has a loving family that will support him in leading a lawful life moving forward.  Given the defendant's long history of involvement with drugs as well as his past problems with alcohol and gambling, treatment will be critical in his rehabilitation; he has expressed his intent to take full advantage of those programs.  He agreed to forfeit all the drug proceeds -- nearly a quarter of a million dollars -- recovered from him by law enforcement at the time of his arrest, a factor in the defendant's favor for purposes of sentencing.