Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

United States v. Maldonado

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Lynch, Chief Judge, Torruella and Boudin, Circuit Judges.

On June 12, 2008, Orlando Maldonado pled guilty to counts related to his role in a conspiracy to distribute in excess of 20 kilograms of cocaine and was sentenced to 120 months’ imprisonment, reflecting a ten-year mandatory minimum imposed by statute. 21 U.S.C § 841(b)(1)(A)(ii) (2006). However, the mandatory minimum was subject to a safe harbor exception. Maldonado claims that the district court miscalculated his criminal history, depriving him of this exception and (potentially) a somewhat lower sentence. The facts are not complicated.

Before entering into a plea agreement in the drug case, Maldonado requested that a pre-sentence report (“PSR”) be prepared. The PSR deemed Maldonado responsible for three transactions involving 28.5 kilograms of cocaine, producing a base offense level of 34, which was reduced to 31 after a three level adjustment for acceptance of responsibility. U.S.S.G §§ 2D1.1(c)(3), 3E1.1 (2007). The PSR also assessed Maldonado two criminal history points, one point for each of two prior Massachusetts offenses: a conviction for driving under the influence in 1998 and a conviction for “attaching plates” in 2001. U.S.S.G § 4A1.1.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Dean of the J. David Rosenberg College of Law

The University of Kentucky (UK) seeks a strategic and collaborative leader with a distinguished scholarly profile to serve as the next Dean ...


Apply Now ›
Director of Court Administration & Development - New York

parkingticket.com is the world-leader in local, municipal compliance. Whether it be a food delivery, or a fine bottle of wine being delive...


Apply Now ›
(Exclusive) VP of Legal Wanted for Burgeoning Real Estate Investment Firm (Atlanta)

The Partners Group is currently recruiting a VP of Legal for our burgeoning client, a real estate investment firm in Atlanta, GA. The firm h...


Apply Now ›
Go to Lawjobs