Defendant s Position With Respect - 1463 Words

DEFENDANT’S POSITION WITH RESPECT TO SENTENCING COMES NOW the Defendant, Josue Emmanuel Rivera Lemus, by and through counsel, Vernida R. Chaney, and pursuant to18 U.S.C.  § 3553(a), Rule 32 of the Federal Rules of Criminal Procedure, Section 6A1.2 the United States Sentencing Commission, Guidelines Manual (â€Å"U.S.S.G.† or the â€Å"Guidelines†), United States v. Booker, 543 U.S. 220 (2005), United States v. Hughes, 401 F.3d 540 (4th Cir. 2005), and this Court’s Policy Regarding Procedure to be followed in Sentencing, represents that he has reviewed the Probation Office’s Presentence Investigation Report and submits the Defendant’s Position with Respect to Sentencing to aid the Court in determining an appropriate sentence. I. LEGAL STANDARD†¦show more content†¦18 U.S.C.  §Ã‚ § 3553(a), (a)(2)(A-D). The court, in determining the particular sentence to be imposed, shall also consider the nature and circumstances of the offense and the history and characteristics of the defendant. 18 U.S.C.  § 3553(a)(1). These factors, along with others specified in Section 3553 and any other factors the court deems relevant, must be considered, along with the Guidelines, when determining the appropriate sentence. II. SENTENCING GUIDELINES The Guidelines provide for a base offense level of 30 for this offense, pursuant to U.S.S.G §Ã‚ § 2D1.1(a)(5)(c)(4). Taking into account Mr. Rivera Lemus’s acceptance of responsibility, the total offense level is decreased to 27, pursuant to U.S.S.G §Ã‚ § 3E1.1(a)-(b). Mr. Rivera Lemus’s prior criminal record includes three driving related offenses; driving while impaired and driving on a revoked license; which elevates his Criminal History Category from I to III. Since Mr. Rivera Lemus’s prior criminal record subjects him to a Criminal History Category III, he is ineligible for relief pursuant to the safety value provision of U.S.S.G § 5C1.2. Mr. Rivera Lemus’s calculated Guidelines Range is 87 – 108 months incarceration; however, the statutory minimum is 120 months imprisonment. This statutory minimum represents more than 12 - 33 months over Mr. Rivera Lemus’s Guidelines. III. 18 U.S.C. 3553(A) FACTORS AND CONSIDERATIONS A. The Nature and