LAW OFFICE of JAMES BUDREAU

20 PARK PLAZA, SUITE 905, BOSTON, MA 02116
PHONE (617)227-8558 FAX (617)338-9538


CONSULTATION
FEDERAL SENTENCING

In a landmark decision, Judge Nancy Gertner granted one of Mr. Budreau's clients a downward departure in his sentence from 57 months to time served or 15 months on the grounds that his compulsive gambling disorder satisfied a claim of aberrant conduct. See United States v. Iaconetti, 59 F.Supp.2d 139 (1999). As discussed in the Sentencing in Federal Court System section herein, the federal courts use sentencing guidelines which are considered presumptive. In United States v. Booker, a 2005 opinion, the United States Supreme Court ruled that the guidelines were no longer mandatory but were instead advisory and presumptive. In other words, if the accused is able to demonstrate grounds for a reduced sentence, then the court can depart from the presumptive guidelines sentence based upoin its discretion and subject to possible review by the appeals court for reasonableness.

United States v. Iaconetti was the first case where a federal court departed downward based upon aberrant conduct for gambling addiction reasons. The United States District Court held that he was entitled to the departure because the offense was "an opportunistic crime" directly related to the defendant's compulsive disorder. Based upon the confluence of factors including his background, lack of criminal record and family support, the Court concluded that his conduct was aberrant and deserving of a downward departure.

If you would like to read the entire opinion of United States v. Iaconetti, click here.

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