ROBERT W. SWEET, District Judge.
On November 5, Levy Lynch ("Lynch" or "Defendant") pled guilty in Magistrate's Court to misdemeanor possession of a controlled substance in violation of 21 U.S.C. § 844(a).
For the reasons set forth below, Lynch will be sentenced to time served.
Lynch was originally charged with conspiring to distribute crack conspiring to distribute crack within 1000 feet of a housing facility in violation of 21 U.S.C. § 841(b)(1)(C) and § 860. Lynch was arraigned on May 1, 2012, and subsequently detained for 205 da Following his release, Lynch was rearrested on state charges and served an addition 32 days fore again being released by this Court. Lynch's sentencing is currently scheduled for November 19, 2013.
The Sentencing Framework
In accordance with the Supreme Court's decision in United States v. Booker , 543 U.S. 220 (2005), and the Second Circuit's decision in United States v. Crosny , 397 F.3d 103 (2d Cir. 2005), the sentence to imposed was reached through consideration of all of factors identified in 18 U.S.C. § 3553(a), including Advisory Guidelines. Thus, the sentence to imposed here is re of a consideration of:
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need 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 her crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional ...