Free Sentencing Memorandum - District Court of California - California

Case 5:07-cr-00362-JF

Document 30

Filed 12/04/2007

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BARRY J. PORTMAN Federal Public Defender NICHOLAS PETER HUMY Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant PORTER

IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES OF AMERICA, 11 12 13 14 15 16 Defendant Joakell Porter submits this sentencing memorandum in order to assist the 17 Court in fashioning an appropriate sentence in this matter. 18 On September 12, 2007, Mr. Joakelle Porter pled guilty to violations of Title 21 U.S.C. § 19 844(a) (Possession of a Controlled Substance) and Title 18 U.S.C. § 922(g)(1) (Felon In 20 Possession of a Firearm). A Plea Agreement provided for a sentence of 5 years, pursuant to Rule 21 11(c)(1)(C) of the Federal Rules of Criminal Procedure. Mr. Joakelle Porter respectfully asks the 22 Court to sentence him in accordance to the plea agreement. 23 24 25 26 The Court should Take into Consideration that the Adjusted Offense Level under the Current Guidelines Would Be Level 23. The Plea Agreement provided under Rule 11(c)(1)(C), that the sentence imposed should be a term of 5 years, which is the mandatory minimum by statute for Count One of the 1 ) ) ) Plaintiff, ) ) vs. ) ) JOAKELLE PORTER, ) ) Defendant. _____________________________________ ) No. CR-07-00362 JF DEFENDANT'S SENTENCING MEMORANDUM

SENTENCING MEMORANDUM

Case 5:07-cr-00362-JF

Document 30

Filed 12/04/2007

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Information. A five year term is also below the guideline range agreed upon in the plea agreement. However, as of November 1, 2007, the United States Guidelines have been amended. Under the current Guidelines, the offense level for possession of 17.9 grams of cocaine base is level 24. Under this new schedule the adjusted level would be Level 23, which, at Criminal History Level III, results in a sentencing range of 57-71 months. Five years, which continues to be the mandatory minimum, falls within this range. This sentencing range is unaffected by grouping pursuant to U.S.S.G. § 3D1.2. For the foregoing reasons, Joakelle asks the Court to find that the sentence of five years, agreed to under Rule 11(c)(1)(C), is a reasonable sentence. Mr Joakelle Porter asks that the Court recommend that he be housed in a facility that provides drug counseling, and job training opportunities. He also asks the Court to recommend that he be housed in a facility as close as practically possible to his family, who reside in the Northern District of California in Santa Cruz County. Dated: December 4, 2007 Respectfully submitted, BARRY J. PORTMAN Federal Public Defender ____________/s/_____________ NICHOLAS PETER HUMY Assistant Federal Public Defender

SENTENCING MEMORANDUM

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