IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : CRIM. NO. 4:13-CR-00068

: v. : (M/J Arbuckle)

: KIM INNOCENTI : ELECTRONICALLY FILED

UNITED STATES= SENTENCING MEMORANDUM

I. PROCEDURAL HISTORY.

Defendant Kim Innocenti is an admitted possessor of cocaine. She

not only possessed cocaine, but she possessed it at the Allenwood Federal

Penitentiary with the intent to distribute it to an inmate. It is for these

reasons the United States opposes her motion for Special probation and

expungement for drug possessors, requested for under Title 18, United

States Code, Section 3607. The United States also respectfully requests

a guideline range term of imprisonment of 8 to 14 months.

II. BACKGROUND.

On April 22, 2013, Innocenti appeared before this Honorable Court

and entered a plea of guilty to a one-count Information charging

Possession of Cocaine at the Allenwood Federal Correction Complex, in

violation of Title 21, United States Code, Section 844(a).

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III. ANALYSIS.

A thorough consideration of all of the sentencing factors set forth in

18 U.S.C. ' 3553(a) suggests that the most appropriate sentence is a

guideline range sentence of 8 to 14 months. The sentencing factors

include: (1) the nature and circumstances of the offense and the history

and characteristics of the defendant; (2) the need for the sentence

imposed to reflect the seriousness of the offense, to promote respect for

the law, and to provide just punishment for the offense; (3) the need to

afford adequate deterrence to criminal conduct, and to protect the public

from further crimes of the defendant; (4) the need to provide the

defendant with educational or vocational training, medical care, or other

correctional treatment in the most effective manner; (5) the guidelines

and policy statements issued by the Sentencing Commission; (6) the need

to avoid unwarranted sentence disparities among defendants with

similar records who have been found guilty of similar conduct; and

(7) the need to provide restitution to any victims of the offense. 18

U.S.C. ' 3553(a).

A. Consideration of the 3553(a) Factors.

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The defendant engaged in a serious offense. She not only

possessed cocaine on federal property, at a federal correctional facility,

she had the ultimate intent to distribute the cocaine to an inmate. The

crime she pled to, while not the most serious of offenses, falls squarely

within the class of cases to which the applicable guidelines are

addressed, and thus consideration of the nature of the offense, '

3553(a)(1), counsels in favor of a sentence of incarceration of between

8-14 months, the advisory guideline range. The crime which she could

have been charged with- the distribution, and the intent to distribute,

cocaine-as the Court is fully aware, carries substantial penalties far

beyond those of the crime to which she pled. It is clear that the

recommended term of imprisonment is required Ato reflect the

seriousness of the offense, to promote respect for the law, and to provide

just punishment for the offense.@ ' 3553(a)(2). Any prison, especially a

federal penitentiary, is not an environment where you would want to

introduce cocaine. The safety of the institution is at risk. This

includes not only the prison personnel but also the inmates.

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Also, worth noting is the time period of the offense, April 1,

2011 to June 26, 2011. Clearly, this was not a spur-of-the-moment

crime, it encompassed approximately 3 months. To further this crime

Innocneti, a sixth grade school teacher, went to an unknown man near

her school and purchased the cocaine. The cocaine she distributed, or

intended to distribute, was to a federal inmate. A guideline range

sentence term of imprisonment is warranted.

The defendant has not set forth any persuasive argument for

leniency. She argues that this Court should sentence below the

guideline range on the basis of Title 18, United States Code, Section

3607. This would, however, not be an appropriate due to the serious

nature of the offense Innocenti committed.

Accordingly, as explained above, all the appropriate considerations

of sentencing, such as the nature of the offense and the character of the

offender, call for a period of incarceration in order to protect society from

this criminal conduct. Therefore, in sum, all of the appropriate

considerations of sentencing favor the imposition of an 8 to 14 month

sentence.

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To be clear, the government recognizes that the guidelines are

entirely advisory, and that a court has discretion to vary from an

advisory range, subject only to deferential appellate review for

reasonableness. However, a court is usually well advised to follow the

Sentencing Commission=s advice, in order to assure fair, proportionate,

and uniform sentencing of criminal offenders. Moreover, as explained

in detail earlier, there are no other § 3553(a) factors in this particular

case which militate against imposition of a guideline-range sentence; to

the contrary, the § 3553(a) factors on balance support the imposition of

that sentence.

In the words of Circuit Judge Aldisert, ABasta@ an Italian

exclamation which when freely translated means AEnough.@ United

States v. Desmond, 670 F.2d 414, 420 (3d Cir. 1980). Enough is

Enough. Innocenti could have convicted of crimes which carry

extremely more severe penalties. Indeed, she should recognize, or be

appreciative, to the plea bargain which was negotiated for her. When it

is all said and done, Innocenti possessed the cocaine for the purpose of

supplying it to an inmate. Clearly, that plea agreement more than

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compensated her for any cooperation she provided to law enforcement.

A term of imprisonment of 8 to 14 months is warranted.

Accordingly, the government respectfully recommends a sentence

of 8-14 months imprisonment.

Respectfully submitted,

PETER J. SMITH United States Attorney

By s/William C. Simmers WILLIAM C. SIMMERS Assistant United States Attorney PA ID 83865 Herman T. Schneebeli Federal Building Office of the United States Attorney 240 West Third Street, Suite 316 Williamsport, PA 17701-6465 Tele: (570) 326-1935 FAX: (570) 326-7916 Electronic Mail: Bill.Simmers@usdoj.gov

Dated: August 12 , 2013

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : CRIM. NO. 4:13-CR-00068

: v. : (M/J Arbuckle)

: KIM INNOCENTI : ELECTRONICALLY FILED

CERTIFICATE OF ELECTRONIC SERVICE I hereby certify that I caused a true and correct copy of the foregoing UNITED STATES= SENTENCING MEMORANDUM to be provided by filing electronically on August 12, 2013, to: ADDRESSEE: Steven O. Meara stevenomearalaw@aol.com

s/William C. Simmers WILLIAM C. SIMMERS Assistant United States Attorney

Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 7 of 7