U.S. v. SEGOVIO-HERNANDEZ, C 10-00665 CRB. (2012)
Court: District Court, N.D. California
Number: infdco20120716778
Visitors: 8
Filed: Jul. 13, 2012
Latest Update: Jul. 13, 2012
Summary: ORDER CHARLES R. BREYER, District Judge. The Court may consider the attached information received from the United States Sentencing Commission as it may apply to 18 U.S.C. 3553(a)(6) in connection with sentencing in this matter. The parties are directed to provide the Court with comments. IT IS SO ORDERED. Table 7 Sentences Relative to the Guideline Range for Methamphetamine (Actual) Offers with 6 Kilograms to 12 Kilograms All Offenders Received a Base Offense Level of 38 and were in Cr
Summary: ORDER CHARLES R. BREYER, District Judge. The Court may consider the attached information received from the United States Sentencing Commission as it may apply to 18 U.S.C. 3553(a)(6) in connection with sentencing in this matter. The parties are directed to provide the Court with comments. IT IS SO ORDERED. Table 7 Sentences Relative to the Guideline Range for Methamphetamine (Actual) Offers with 6 Kilograms to 12 Kilograms All Offenders Received a Base Offense Level of 38 and were in Cri..
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ORDER
CHARLES R. BREYER, District Judge.
The Court may consider the attached information received from the United States Sentencing Commission as it may apply to 18 U.S.C. § 3553(a)(6) in connection with sentencing in this matter. The parties are directed to provide the Court with comments.
IT IS SO ORDERED.
Table 7
Sentences Relative to the Guideline Range for Methamphetamine (Actual) Offers with 6 Kilograms to 12 Kilograms
All Offenders Received a Base Offense Level of 38 and were in Criminal History Category I
All Offenders were Convicted of a Statute Carrying a 10 Year Mandatory Minimum
Fiscal Years 2006-20111
National Ninth Circuit
Median Sentence Average Sentence Median Sentence Average Sentence
Number Percent (Months)2 (Months) Number Percent (Months) (Months)
------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------
Total 302 100.0 57 77 234 100.0 57 64
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Sentences Relative to Guideline Range
Within Guideline Range 56 18.5 123 131 25 10.7 70 103
Above Range 0 0.0 - - 0 0.0 - -
Government Sponsored Below Range 192 63.6 48 56 172 73.5 48 54
Remaining Below Range 54 17.9 60 94 37 15.8 57 86
Median Sentence Safety Valve Applied and
Excluding §5K1.1 Substantial Assistance Cases 207 57 60 179 51 54
SOURCE: U.S. Sentencing Commission, 2006-2011 Datafile, USSCFY06-11.
FootNotes
1. Of the 473,447 cases, 416,003 had complete guideline application information. Of these, 140,782 were sentenced under the drug guideline (USSG §2D1.1) (Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses); Attempt or Conspiracy)). Of these 140,782 cases, 10,816 involved the primary drug type methamphetamine (actual). Of these 10,816 cases, 2,020 were sentenced under base offense level 38. Of these 2,020 cases, 413 possessed between 6 kilograms and 12 kilograms of methamphetamine (actual). Of these 413 cases, 375 received a drug mandatory minimum of 120 months. Of these 375 cases, 302 were sentenced under criminal history category I.
2. The median represents the midpoint so that half of the sentences are shorter than the median and the other half of the sentences are longer than the median.
Source: Leagle
