This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Frederic Block imposed a probationary sentence in light of the extensive collateral consequences of defendant’s conviction. Judge Allyne R. Ross sanctioned two attorneys for a pattern of conduct including neglect of trial-related scheduling orders. And Judge Jack B. Weinstein held that, contrary to a recently amended Application Note to a Guidelines provision, defendant’s prior plea to Driving While Ability Impaired does not elevate his criminal history and thus he remains eligible for a “safety-valve” exception to a ten-year mandatory minimum sentence.

Collateral Consequences

In United States v. Nesbeth, 15 CR 18 (EDNY, May 24, 2016), Judge Block, after considering the collateral consequences of defendant’s conviction for cocaine offenses, sentenced her to a one-year probationary term with six months of home confinement (except to go to work or school) and 100 hours of community service. The Sentencing Guidelines range was 33 to 41 months. Block wrote this opinion setting forth the consequences of the sentence on defendant’s future work opportunities and on other rights and privileges because “sufficient attention has not been paid at sentencing by me and lawyers…to the collateral consequences facing a convicted defendant.” Slip op. 2.

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