III. A Sentence of Within the Advisory Sentencing Guidelines Range of 18-24 Months isAppropriate, Fair, and Accomplishes the Purposes of 18 U.S.C. § 3553(a).
United States v. Booker
, 543 U.S. 220 (2005), as elaborated by
United States v.Crosby
, 397 F.3d 103, (2d Cir. 2005), the Courts are directed first to determine the applicablesentencing guidelines range, then consider whether a departure from that Guidelines range isappropriate, and finally, assess the Guidelines range “along with all of the factors listed in [Title 18]section 3553(a)” to determine the sentence to impose.
at 112-13. “[I]n the overwhelmingmajority of cases, a Guidelines sentence will fall comfortably within the broad range of sentencesthat would be reasonable in the particular circumstances.”
United States v. Fernandez
, 443 F.3d 19,27 (2d Cir. 2006).18 U.S.C. § 3553(a) identifies the following “[f]actors to be considered in imposing asentence”: (1) “the nature and circumstances of the offense and history and characteristics of thedefendant”; (2) the need for the sentence to serve various goals of the criminal justice system,including (a) “to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment,” (b) to accomplish specific and general deterrence, (c) to protect the public fromthe defendant, and (d) “to provide the defendant with needed educational or vocational training,medical care, or other correctional treatment in the most effective manner”; (3) the kinds of sentences available; (4) the sentencing range set forth in the Guidelines; (5) policy statements issued by the Sentencing Commission; (6) the need to avoid unwarranted sentencing disparities; and (7) theneed to provide restitution to victims. The United States submits that a sentence within the advisoryguidelines range of 18-24 months faithfully reflects and implements these considerations.-2-
Case 3:12-cr-00068-AVC Document 23 Filed 09/10/12 Page 2 of 9