Is There a Way to Receive a Lower Sentence in a Case Where There is a Mandatory Minimum Sentence?
The short answer to the question is yes! However, it is not common or easy to receive a sentence below a mandatory minimum sentence proscribed by a statute in a federal criminal case. Below there are examples of cases where going below a mandatory minimum sentence was warranted. The key is to hire an attorney that will fight to obtain the best possible result for you!
Often the mandatory sentences imposed by the Federal Sentencing Guidelines can be too harsh, unjust, and unfair. Every case is looked at separately and it must be determined whether the sentence imposed by the guidelines is greater than necessary and can not be justified in a civilized society.
United States v. Redemann, 295 F. Supp. 2d 887 (E.D. Wisc. 2003) held that if the sentenced imposed by the Federal Sentencing Guidelines would result in punishment that is greater than necessary to satisfy the purposes of sentencing then the court may depart downward
Some other cases where going below the mandatory sentence was warranted are:
U.S.v. Vigil, 476 F.Supp.2d 1231(D.N.M. 2007)
Defendant was convicted for attempted extortion. The sentencing guideline for this offense has a range of 235-240 months of imprisonment, warranting a downward departure. In the defendant’s case, the sentencing guideline would run risk of being perceived as draconian, would overstate the seriousness of the offense, and would seem as disregarding the jury’s verdict, giving too much effect to conduct for which defendant was acquitted, and being unjust. A lesser sentence would still promote respect for the law and provide a deterrence.
U.S.v. Leroy, 373 F.Supp.2d 887 (E.D. Wisc. 2005)
Defendant was convicted with possession with intent to distribute an undetermined amount of cocaine base. The Federal Sentencing Guideline sentence for this conviction is 100 to 125 months but due to specific circumstances and defendant’s positive personal qualities, a sentence of 70 months was imposed.
U.S.v. Jones, 352 F.Supp.2d 22 (D. Me., 2005)
Mentally ill defendant was convicted of possessing a firearm and sentencing guidelines are 12 to 18 months with no downward departures available. Since Federal Sentencing Guidelines are only advisory, The Court imposed a 6 month sentence in defendant so that he can continue medical care and treatment in an effective manner. A lower sentence was in the best interest of defendant and the public.
Contact our law firm and we will explain everything to you and discuss to see whether we may be able to lower the mandatory minimum sentence for a crime your being charged for.