DOJ-OGR-00010198.jpg
478 KB
Extraction Summary
4
People
3
Organizations
0
Locations
1
Events
2
Relationships
3
Quotes
Document Information
Type:
Legal correspondence / court filing (page 14 of 14)
File Size:
478 KB
Summary
This document is the final page (page 14) of a legal letter dated March 7, 2013, from attorney Paul Shechtman of Zuckerman Spaeder LLP to Judge William H. Pauley, III. The text concludes an argument regarding sentencing, specifically referencing *Gall v. United States* to argue that non-incarcerative sentences (probation) are still severe and restrictive. The letter is copied to Assistant US Attorneys Stanley J. Okula, Jr. and Nanette Davis.
People (4)
| Name | Role | Context |
|---|---|---|
| William H. Pauley, III | Judge |
Addressee of the letter (The Honorable)
|
| Paul Shechtman | Attorney |
Author of the letter, representing the defense (Zuckerman Spaeder LLP)
|
| Stanley J. Okula, Jr. | Assistant United States Attorney (AUSA) |
Copied (cc) on the letter
|
| Nanette Davis | Assistant United States Attorney (AUSA) |
Copied (cc) on the letter
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Zuckerman Spaeder LLP |
Letterhead organization
|
|
| Supreme Court |
Referenced in footnote regarding Gall v. United States
|
|
| DOJ |
Department of Justice (implied by DOJ-OGR footer and AUSA titles)
|
Timeline (1 events)
2013-03-07
Submission of legal correspondence regarding sentencing context
New York (implied by Judge Pauley's jurisdiction)
Relationships (2)
Shechtman submitting legal arguments to Judge Pauley
Shechtman cc'ing AUSA Okula
Key Quotes (3)
"has done, and his immediate misconduct assessed in the context of his overall life hitherto, it should be at the moment of his sentencing"Source
DOJ-OGR-00010198.jpg
Quote #1
"custodial sentences are qualitatively more severe than probationary sentences of equivalent terms."Source
DOJ-OGR-00010198.jpg
Quote #2
"Offenders on probation are nonetheless subject to several standard conditions that substantially restrict their liberty."Source
DOJ-OGR-00010198.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,383 characters)
Case 1:20-cv-03088-ABN Document 64-3 Filed 02/10/22 Page 108 of 117
A-5943
Case 1:09-cr-00581-WHP Document 604 Filed 03/16/13 Page 14 of 14
A-5943
Case 1:09-cr-00581-WHP Document 604 Filed 03/16/13 Page 14 of 14
ZUCKERMAN SPAEDER LLP
The Honorable William H. Pauley, III
March 7, 2013
Page 14
March 7, 2013
Page 14
has done, and his immediate misconduct assessed in the context of his overall life hitherto, it
should be at the moment of his sentencing").7
should be at the moment of his sentencing").7
Respectfully submitted,
[Signature]
Paul Shechtman
[Signature]
Paul Shechtman
PS/wr
cc: AUSA Stanley J. Okula, Jr.
AUSA Nanette Davis
AUSA Nanette Davis
7 In Gall v. United States, 552 U.S. 38 (2007), the Supreme Court emphasized that a non-
incarcerative sentence does not mean "letting an offender off easily." The Court wrote:
We recognize that custodial sentences are qualitatively more
severe than probationary sentences of equivalent terms. Offenders
on probation are nonetheless subject to several standard conditions
that substantially restrict their liberty. Probationers may not leave
the judicial district, move, or change jobs without notifying, and in
some cases receiving permission from, their probation officer or
the court. They must report regularly to their probation officer,
permit unannounced visits to their homes, refrain from associating
with any person convicted of a felony, and refrain from excessive
drinking. Most probationers are also subject to individual "special
conditions" imposed by the court.
Id. at 59.
incarcerative sentence does not mean "letting an offender off easily." The Court wrote:
We recognize that custodial sentences are qualitatively more
severe than probationary sentences of equivalent terms. Offenders
on probation are nonetheless subject to several standard conditions
that substantially restrict their liberty. Probationers may not leave
the judicial district, move, or change jobs without notifying, and in
some cases receiving permission from, their probation officer or
the court. They must report regularly to their probation officer,
permit unannounced visits to their homes, refrain from associating
with any person convicted of a felony, and refrain from excessive
drinking. Most probationers are also subject to individual "special
conditions" imposed by the court.
Id. at 59.
DOJ-OGR-00010198
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