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United States v. Bruce

United States District Court, S.D. New York

January 5, 2018

UNITED STATES OF AMERICA
v.
LAWRENCE BRUCE, Defendant.

          SENTENCING OPINION

          ROBERT W. SWEET U.S.D.J.

         On September 29, 2017, Lawrence Bruce ("Bruce" or the "Defendant") pleaded guilty to one count of Firearms Trafficking, 18 U.S.C. § 922 (a) (1). For the reasons set forth below, Bruce will be sentenced to 60 months' imprisonment, followed by 3 years of supervised release, subject to modification at the scheduled sentencing hearing on January 11, 2018. Bruce is also required to pay a special assessment of $100.

         Prior Proceedings

         On August 24, 2017, Bruce was charged in a two-count Complaint with firearms trafficking (Count One, 18 U.S.C. § 922 (a) (1)) and being a felon in possession of a firearm (Count Two, 18 U.S.C. § 922 (g) (1)). On September 29, 2017, Bruce pleaded guilty to a one-count Information filed in the Southern District of New York (the "Information").

         Count One of the Information charged that from June 2017, up to and including at least August 2017, in the Southern District of New York and elsewhere, Bruce illegally sold firearms in the Bronx, New York, in violation of 18 U.S.C. §§ 922 (a) (1) (A), (a) (2).

         On September 29, 2017, Bruce appeared before the Honorable James L. Cott and pleaded guilty to criminal conduct as charged in the Information.

         Bruce was arrested on August 24, 2017, has been continuously detained since that date, and is scheduled to be sentenced on January 11, 2018.

         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. Crosby, 397 F.3d 103 (2d Cir. 2005), the sentence to be imposed was reached through consideration of all of the factors identified in 18 U.S.C. § 3553(a), including the Advisory Guidelines. Thus, the sentence to be imposed here is the result of a consideration of:

(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 forth in the guidelines . . .;
(5) any pertinent policy statement [issued by the Sentencing Commission];
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty ...

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