U.S. v. Henshaw

Dist. Ct. abused its discretion in sentencing defendant to five-year term of probation on charges of attempted possession with intent to distribute cocaine and possession with intent to distribute marijuana, where instant sentence was 151 months lower than applicable guidelines range and 57 months lower than sentence recommended by defendant’s lawyer. At time of his arrest, defendant, who had career-offender designation, was subject to two separate 4-year felony conditional discharge sentences for possessing and selling marijuana imposed in August of 2012, and Dist. Ct. otherwise neglected considerations of deterrence when considering section 3553(a) sentencing factors relevant to defendant’s sentence of probation. Also, while defendant presented mitigation evidence that concerned his troubled childhood and negative impact that term of incarceration would have on his employment and family support, said mitigation was not so extraordinary so as to justify degree of downward departure from guideline range.