United States v. Agostini

Statement of the Court Regarding the Sentencing of Adrian Agostini

MARRERO, District Judge.

The Court acknowledges that the decision by the Supreme Court in United States v. Booker, 543 U.S. -, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), has changed the legal landscape in which federal defendants are sentenced. Although no longer bound by the mandatory constraints of the Sentencing Guidelines, this Court “must consult those Guidelines and take them into account when sentencing.” 125 S.Ct. at 767 (Breyer, J.). Therefore, the Court has considered the findings of fact stated in the Presentence Report…