United States v. Bonnet-Grullon

MEMORANDUM OPINION

KAPLAN, District Judge.

This case demonstrates that the goal of sentencing uniformity which underlay the enactment of the Sentencing Reform Act may and, in some circumstances, is undermined dramatically by the vast scope of charging discretion reposed in federal prosecutors.

Defendant Francis Bonnetb-Grullon pleaded guilty to unlawfully entering the United States after having been deported subsequent to a conviction for an aggravated felony. The Guideline range in his case is 70 to 87 months imprisonment. He seeks a downward departure pursuant to U.S.S.G. § 5K2.0 on the ground…