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United States v. Paul

May 8, 2006

UNITED STATES OF AMERICA,
v.
JASON PAUL, DEFENDANT.



The opinion of the court was delivered by: Sifton, Senior Judge.

SENTENCING MEMORANDUM AND OPINION

On September 13, 2005, defendant Jason Paul pled guilty to a single count of a twenty-one count indictment. That count charges that on December 22, 2004, Paul illegally transported a Smith & Wesson .40 caliber firearm into New York state in violation of 18 U.S.C. §§ 922(a)(3) and 924(a)(1). The other twenty counts remain open. The defendant is presently before the Court for sentencing. For the reasons that follow, the Court will consider a non-Guidelines sentence.

DISCUSSION

The Supreme Court held in United States v. Booker, 125 S.Ct. 738 (2005), that the mandatory nature of the United States Sentencing Guidelines violated the Sixth Amendment. In its remedy opinion, the Court severed 18 U.S.C. § 3553(b)(1), which had rendered the Guidelines binding on federal sentences. Id. at 764. This left in effect 18 U.S.C. § 3553(a), which states:

The court shall impose a sentence sufficient, but not greater than necessary to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider---

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;

(2) the need for the sentence imposed---

(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;

(B) to afford adequate deterrence to criminal conduct;

(C) to protect the public from further crimes of the 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 kinds of sentence and the sentencing range established for---

(A) the applicable category of offense committed by the applicable category of defendant as set ...


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