Decemeber 1, 2011 - United States District Court Imposed Three Years Supervised Release Sentence

December 1, 2011, United States District Court departs downward from 30-37 month range in illegal firearm (sale of short barreled rifles) and unlicensed firearms sales case to impose a sentence of three years supervised release with six months home detention for Mr. Kent's client, LBW.  The initial guideline determination bythe United States Probation Office was 37- 46 months, but the probation office reduced the guidelines two levels based on Mr. Kent's objection under U.S.S.G. Section 2K2.1(b)(1), that the number of firearms to be scored when the guideline base level was being driven by the illegal short barreled firearms and not by the unlicensed sale offense, was the smaller number of illegal firearms, not the much greater number of legal firearms available for unlawful sale.  The District Court further departed downward based on a number of case and offender specific section 3553 arguments made by Mr. Kent in a sentencing memorandum filed in advance of sentencing.  As the District Court stated, a sentence designed to encourage respect for the law does not always mean that the court should impose the most severe sentence possible, and although the offense was a serious offense, the offender's personal characteristics and the specifics of the particular offense have to be appropriately balanced against the seriousness of the offense as such.