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United States v. Goodman

September 14, 2006

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SAMUEL L. GOODMAN, DEFENDANT.



The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

DECISION AND ORDER

This case came on for final probation revocation hearing on September 14, 2006. Defendant was present with counsel.

Defendant agreed with the Probation Officer's calculation of the applicable advisory sentencing guidelines in this case, which prescribe an incarceration range of seven to thirteen months. However, the Defendant has proven to the Court that he is completely dependent on kidney dialysis on a thrice-weekly basis to remain alive.

While Defendant has a lengthy criminal record which resulted in the sentencing guideline range, he has no serious offenses in the last ten years. The instant offense arises from discovery of a small amount of marijuana in the Defendant's automobile which he insists belonged to his nephew. To impose even the minimum incarceration sentence in this case would impose on the taxpaying public a cost of hundreds of thousands of dollars to provide dialysis. Under 18 U.S.C. § 3553, the Court concludes that the cost of incarceration under those circumstances is completely disproportionate to any benefit to the public and that incarceration is not necessary to achieve the purposes of criminal punishment. The Court further finds that continued probation in this case is unlikely to produce any benefit to the public or Defendant.

Accordingly, the term of probation herein is terminated.

Michael R. Merz Chief United States Magistrate Judge

20060914

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