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: Second Circuit Sentencing Blog

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United States v. Metellus, No. 08-CR-332 (JBW), 2010 WL 1174301 (E.D.N.Y. March 17, 2010)

Metellus pled guilty to wire fraud, for which he faced an advisory Guidelines range of imprisonment of between 63 and 78 months.  He was sentenced to six months imprisonment -- a pretty wide variance.  Why?  

Defendant is a person of great merit.  He worked hard, fulfilled his family responsibilities, achieved a good educational record under difficult conditions, earned a law degree, and became a member of the bar.  Had defendant started his legal career in different environment or received mentorship from an ethical senior layer, he could have been a great attorney.  But the seriousness of the offense, and the fact that defendant was a member of the bar, cannot be overlooked.  For purposes of general deterrence the court bears a responsibility to the public and to the bar to impose a sentence of imprisonment in addition to the other consequences defendant will suffer, such as discipline and disbarment.

Full post as published by Second Circuit Sentencing Blog on March 31, 2010 (boomark / email).

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