U.S. v. Thomas

2 Citing cases

  1. U.S. v. Vang

    789 F. Supp. 2d 1020 (E.D. Wis. 2011)

    The record indicated that he did not know how much ecstasy was involved in that shipment, and he did not profit from his association with Chieng Vang. Under these circumstances, the guidelines' weight-driven formula provided limited help in selecting an appropriate, individualized sentence under § 3553(a). See, e.g., United States v. Cocoa–Vega, No. 07–CR–323, 2009 WL 1459560, at *3 (E.D.Wis. May 26, 2009); United States v. Thomas, 595 F.Supp.2d 949, 952 n. 1 (E.D.Wis.2009); United States v. Cabrera, 567 F.Supp.2d 271, 276–77 (D.Mass.2008); United States v. Fathalla, No. 07–CR–87, 2008 WL 4501057, at *4 (E.D.Wis. Sept. 29, 2008); see also Kimbrough v. United States, 552 U.S. 85, 96, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007) (noting that the drug trafficking guideline was based on the statute's weight-driven scheme rather than empirical data or study).

  2. U.S. v. Phinney

    599 F. Supp. 2d 1037 (E.D. Wis. 2009)   Cited 12 times
    In United States v. Phinney, 599 F.Supp.2d 1037 (E.D.Wisc.2009), the Honorable Lynn Adelman, United States District Judge for the Eastern District of Wisconsin, sentenced the defendant Michael Phinney after he pled guilty to possessing child pornography.

    In determining the weight to be given the guidelines' recommendation in the § 3553(a) calculus, the district court may consider whether, when it adopted the guideline, the Sentencing Commission fulfilled its "characteristic institutional role."Kimbrough, 128 S. Ct. at 563; see also United States v. Thomas, No. 08-CR-238, 2009 WL 188037, at *1-2 (E.D. Wis. Jan. 24, 2009). As Judge Bataillon recently explained: