More Than a 50% Variance in Federal Cocaine and Fentanyl Sentence

A.V. was under investigation for three years before being arrested and charged by the federal government with 7 counts of Possession with Intent to Distribute Cocaine and Fentanyl in violation of 21 U.S.C. § 841(a)(1). If convicted, he was facing a maximum penalty of life in prison. A.V. was also a career offender under U.S.S.G. § 4B1.1 due to his extensive criminal history. First, we got the government to agree to allow A.V. to cooperate. Although we negotiated a favorable plea agreement, A.V.’s career offender status produced an advisory guideline sentencing range of 262 to 327 months of incarceration. We prepared a comprehensive sentencing memorandum requesting that the judge grant A.V. a downward sentencing variance based on several factors including our client’s background and the nature of the offense. At sentencing, based on our arguments and written memorandum, the judge granted A.V. a variance of 50% and sentenced him to only the minimum mandatory term of imprisonment.