United States v. Gaviria

AMENDED MEMORANDUM AND ORDER

WEINSTEIN, District Judge:

Defendant pled guilty to knowingly and intentionally possessing cocaine with intent to distribute. 21 U.S.C. § 841(a)(1). Her offense carries a mandatory minimum sentence of five years. 21 U.S.C. § 841(b)(1)(B)(iii). The Sentencing Guidelines call for a sentence of between 70 and 87 months. Because of defendant’s subservience to her husband who was himself primarily responsible for her acts, the court departs downward to the statutory minimum.

I. FACTS

The court held a Fatico hearing prior to sentencing. Defendant’s testimony, the report of…