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Pleas & Sentencing

By: Derek Hawkins//April 26, 2016//

Pleas & Sentencing

By: Derek Hawkins//April 26, 2016//

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Case Name: United States of America v. Jose Melendez & Denise Lambert

Case No.: 14-3590; 15-1131

Officials: FLAUM, KANNE, and SYKES, Circuit Judges.

 

Sentencing guidelines not unreasonable and court did not abuse discretion on relying of aggravating factors in imposition of sentence.

“The district court considered Lambert’s mitigation argument regarding her limited role in the heroin conspiracy and acknowledged that Lambert did not directly purchase, mix, or sell heroin to customers. At the same time, the court noted that Lambert also had admitted to the following: she rented an apartment and vehicles for Craig which were used to store and transport heroin and heroin trafficking proceeds, she delivered heroin mixtures and heroin trafficking proceeds between Craig and his co-conspirators, and she transmitted messages between Craig and a confidential informant. The court’s discussion was enough to find that even though Lambert played a subservient and lesser role, “it does not show that her role within the overall conspiracy was minor or would otherwise provide her with mitigation for her criminal conduct.” Lambert Sent. Tr. 33; see also United States v. Townsend, 520 F. App’x 473, 475–76 (7th Cir. 2013) (affirming a within-guidelines range sentence over a substantive unreasonableness challenge based on a lesser role in a conspiracy).”

Affirmed


Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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