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NEWS |
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Supreme Court Recognizes Crack Cocaine Disparity Kimbrough v. U.S., 552 U.S.__ (12/2007) The Supreme Court reversed the Fourth Circuit Appellate Court’s decision that the District Court abused its discretion when it sentenced defendant Kimbrough to a statutory 15 year minimum mandatory sentence. The sentence was 4.5 years below the advisory guideline sentence and based it’s departure in part upon the disparate nature between the crack and powder cocaine guidelines. Ginsburg delivered the opinion for the Court which determined that the district court’s sentence was appropriate and rationally reasoned and framed in accordance with 18 U.S.C. 3553(a), ’a sentence sufficient but not greater than necessary.’ The opinion sites the U.S. Sentencing Commissions recent November amendment which lowered the advisory guideline for crack cocaine noting the extreme disparity in the guidelines between powder and crack cocaine both of which defendant Kimbrough had conspired to distribute. |
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Supreme Court Supports District Court Mitigated Sentence Gall v. U.S., 552 U.S.___ (12/2007)The Supreme Court reversed the Eighth Circuit Appellate Court’s decision that the District Court abused its discretion in determining that defendant Gall’s 18 U.S.C. 2553(a) factors justified a downward departure to a sentence of straight probation rather than the 30-37 month incarceration recommended by the U.S. Probation Department. The opinion corrected the appellate court’s review of sentences by adding that a ‘due deference’ must be given to the district court’s decisions regarding sentencing, translating to more discretion at the district court level in determining what is ‘reasonable’ for each individual defendant. |
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MAP OF U.S. APPELATE DISTRICTS |
Joy works in all circuits. |
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TRACK RECORD |
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After the Fight,
There's Still the Decision!
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PROSECUTION |
SENTENCE |
8th Cir. - Drugs/Firearms |
25 yrs. |
12.5 yrs. |
9th Cir. - Drugs |
25 yrs. |
6 yrs. |
9th Cir. - Fraud |
3 yrs. |
House Arrest 18 mo. |
9th Cir. - Fraud |
10 yrs. |
House Arrest 12 mo. |
9th Cir. - Drugs |
10 yrs. |
3 yrs |
9th Cir. - Drugs/Firearms |
15 yrs |
6.5 yrs |
8th Cir. - Drugs |
10 yrs |
4 yrs |
9th Cir. - Fraud |
6 yrs. |
1 yr 1 day |
9th Cir. - Child Porn |
5 yrs |
1 yr 1 day no registration |
9th Cir. - Drugs |
10 yrs |
4 yrs. |
9th Cir. - Insider Trade |
3 yrs |
Community Svc. |
9th Cir. - Fraud |
No Loss. Appeal Won.
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Sentencing reduced to house arrest. |
9th Cir. - Drugs |
Quantity – Manufacturing Appeal Won
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7.5 yr Sentence Reduction |
10th Cir. - Drugs |
Safety Valve Appeal Won |
3.5 yr. Sentence Reduction |
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JOY J. BRINTON |
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TESTIMONIALS |
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ABOUT JOY J. BRINTON |
| Federal Sentencing Help’s main goal is to educate, consult, and provide paralegal services for Criminal Defense Attorneys. As a federal sentencing consultant, Joy Brinton combines thorough legal research, a sound individual mitigation strategy, and excellent written skills, which results in significant custody reduction for defendants as well as court room praise for defense counsel. |
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SERVICES |
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