| Gun Charge Against Turean
Butler Yields SDNY Arguments and 44 Month
Sentence
By Matthew
Russell Lee, Patreon
BBC
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SDNY COURTHOUSE,
Feb 12 – When Turean Butler
came up for sentencing on
February 12 for having been
arrested in possession of a
gun as a felon some 15 months
ago, the US Attorney's Office
was seeking a higher
sentencing guideline than they
had agreed to in their letter
to the defendant under US
v. Pimintel, 932 F.2d
1029 (2d Cir.
1991).
The April 9, 2019
Pimintel letter provided a
guideline of 51 to 63 months.
But, Assistant US Attorney
Emily A. Johnson said, now it
should be 77 to 96 months due
to their discovery of a
youthful offence that had been
sealed, and the involvement of
a substance that was treated
differently under the Federal
guidelines in the
past.
Federal
Defender Ian Marcus Amelkin
disagreed. He pointed at that
while Johnson's argument had
been followed by SDNY Judge
John G. Koeltl, with whom he
interned and for who he
expressed respect, more recent
decision had been, as Judge
Cathy Seibel put it, that a
tie goes to the
defendant.
Judge Daniels
said full resolution of the
issue will have to wait for
another day, and a fuller
record. He adopted the lower
guideline but only went
slightly below it, to 44
months minus the 15 the
defendant has already served.
The case is US v. Butler,
19-cr-177 (Daniels).
***
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