Kim Innocenti Purchase Near School

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Kim Innocenti Purchase Near School

  1. 1. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA v. KIM INNOCENTI : CRIM. NO. 4:13-CR-00068 : : (M/J Arbuckle) : : ELECTRONICALLY FILED UNITED STATES= SENTENCING MEMORANDUM I. PROCEDURAL HISTORY. Defendant Kim Innocenti is an admitted possessor of cocaine. She not only possessed cocaine, but she possessed it at the Allenwood Federal Penitentiary with the intent to distribute it to an inmate. It is for these reasons the United States opposes her motion for Special probation and expungement for drug possessors, requested for under Title 18, United States Code, Section 3607. The United States also respectfully requests a guideline range term of imprisonment of 8 to 14 months. II. BACKGROUND. On April 22, 2013, Innocenti appeared before this Honorable Court and entered a plea of guilty to a one-count Information charging Possession of Cocaine at the Allenwood Federal Correction Complex, in violation of Title 21, United States Code, Section 844(a).
  2. 2. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 2 of 7 III. ANALYSIS. A thorough consideration of all of the sentencing factors set forth in 18 U.S.C. ' 3553(a) suggests that the most appropriate sentence is a guideline range sentence of 8 to 14 months. The sentencing factors include: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (3) the need to afford adequate deterrence to criminal conduct, and to protect the public from further crimes of the defendant; (4) the need to provide the defendant with educational or vocational training, medical care, or other correctional treatment in the most effective manner; (5) the guidelines and policy statements issued by the Sentencing Commission; (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and (7) the need to provide restitution to any victims of the offense. 18 U.S.C. ' 3553(a). A. Consideration of the 3553(a) Factors. 2
  3. 3. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 3 of 7 The defendant engaged in a serious offense. She not only possessed cocaine on federal property, at a federal correctional facility, she had the ultimate intent to distribute the cocaine to an inmate. The crime she pled to, while not the most serious of offenses, falls squarely within the class of cases to which the applicable guidelines are addressed, and thus consideration of the nature of the offense, ' 3553(a)(1), counsels in favor of a sentence of incarceration of between 8-14 months, the advisory guideline range. The crime which she could have been charged with- the distribution, and the intent to distribute, cocaine-as the Court is fully aware, carries substantial penalties far beyond those of the crime to which she pled. It is clear that the recommended term of imprisonment is required Ato reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense.@ ' 3553(a)(2). Any prison, especially a federal penitentiary, is not an environment where you would want to introduce cocaine. The safety of the institution is at risk. This includes not only the prison personnel but also the inmates. 3
  4. 4. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 4 of 7 Also, worth noting is the time period of the offense, April 1, 2011 to June 26, 2011. Clearly, this was not a spur-of-the-moment crime, it encompassed approximately 3 months. To further this crime Innocneti, a sixth grade school teacher, went to an unknown man near her school and purchased the cocaine. The cocaine she distributed, or intended to distribute, was to a federal inmate. A guideline range sentence term of imprisonment is warranted. The defendant has not set forth any persuasive argument for leniency. She argues that this Court should sentence below the guideline range on the basis of Title 18, United States Code, Section 3607. This would, however, not be an appropriate due to the serious nature of the offense Innocenti committed. Accordingly, as explained above, all the appropriate considerations of sentencing, such as the nature of the offense and the character of the offender, call for a period of incarceration in order to protect society from this criminal conduct. Therefore, in sum, all of the appropriate considerations of sentencing favor the imposition of an 8 to 14 month sentence. 4
  5. 5. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 5 of 7 To be clear, the government recognizes that the guidelines are entirely advisory, and that a court has discretion to vary from an advisory range, subject only to deferential appellate review for reasonableness. However, a court is usually well advised to follow the Sentencing Commission=s advice, in order to assure fair, proportionate, and uniform sentencing of criminal offenders. Moreover, as explained in detail earlier, there are no other § 3553(a) factors in this particular case which militate against imposition of a guideline-range sentence; to the contrary, the § 3553(a) factors on balance support the imposition of that sentence. In the words of Circuit Judge Aldisert, ABasta@ an Italian exclamation which when freely translated means AEnough.@ United States v. Desmond, 670 F.2d 414, 420 (3d Cir. 1980). Enough is Enough. Innocenti could have convicted of crimes which carry extremely more severe penalties. Indeed, she should recognize, or be appreciative, to the plea bargain which was negotiated for her. When it is all said and done, Innocenti possessed the cocaine for the purpose of supplying it to an inmate. Clearly, that plea agreement more than 5
  6. 6. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 6 of 7 compensated her for any cooperation she provided to law enforcement. A term of imprisonment of 8 to 14 months is warranted. Accordingly, the government respectfully recommends a sentence of 8-14 months imprisonment. Respectfully submitted, PETER J. SMITH United States Attorney By s/William C. Simmers WILLIAM C. SIMMERS Assistant United States Attorney PA ID 83865 Herman T. Schneebeli Federal Building Office of the United States Attorney 240 West Third Street, Suite 316 Williamsport, PA 17701-6465 Tele: (570) 326-1935 FAX: (570) 326-7916 Electronic Mail: Bill.Simmers@usdoj.gov Dated: August 12 , 2013 6
  7. 7. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 7 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA v. KIM INNOCENTI : CRIM. NO. 4:13-CR-00068 : : (M/J Arbuckle) : : ELECTRONICALLY FILED CERTIFICATE OF ELECTRONIC SERVICE I hereby certify that I caused a true and correct copy of the foregoing UNITED STATES= SENTENCING MEMORANDUM to be provided by filing electronically on August 12, 2013, to: ADDRESSEE: Steven O. Meara stevenomearalaw@aol.com s/William C. Simmers WILLIAM C. SIMMERS Assistant United States Attorney

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