09-CR-235 U.S. v. McBride

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Sentencing
Felon in possession; marijuana trafficking

A sentence served in the community is appropriate where the defendant’s criminal history category is overstated and he engaged in significant post-offense rehabilitation.

“Defendant’s prior conviction for armed robbery distorted the guidelines’ recommendation. Ordinarily, I would agree that an armed robbery conviction suggests a greater risk with a gun and should result in a significantly longer sentence in a felon-in-possession case. Here, however, defendant committed the robbery at age fifteen. It was unclear to me why he was prosecuted as an adult at such a young age, particularly given his lack of any previous juvenile adjudications and what appeared to be his inferior role in the crime. Whatever the rationale, the decision to prosecute as an adult – and the 5 year prison sentence imposed – had a significant impact. Not only did the robbery conviction serve as the predicate felony for the felon in possession count, it produced 3 of defendant’s 4 criminal history points and increased the base offense level from 14 to 20. This conviction perhaps deserved some weight, but not that much; defendant, now age thirty-five, had no record of similar misconduct in the intervening two decades.”

“Most significantly, the record contained significant evidence of post-offense rehabilitation, which suggested that a sentence served in the community would suffice to deter and protect the public from future crimes of the defendant. First, it appeared that defendant’s cooperation represented more than a mercenary effort to obtain a lower sentence. Rather, it appeared that he wanted to atone for his mistakes and cut ties with former criminal associates. Second, defendant made sincere efforts to deal with his substance abuse and domestic issues. He participated in drug treatment, submitting negative screens for a year and a half, and demonstrated genuine insight into how his experiences growing up with an abusive father had impacted his own relationships with women. He also made efforts to reunite with his girlfriend and children, and to fulfill his responsibilities as a father. Third, despite having this case hanging over his head, defendant made significant professional progress, pursuing a career as a stand-up comedian and radio personality. In my experience, defendants facing a prison sentence often decline to seek and maintain employment in any form, let alone make the sort of efforts this defendant did.”

09-CR-235 U.S. v. McBride

E.D.Wis., Adelman, J.