Court filing
Motion for Downward Departure /Variance by Cindi Ellis Denton. Responses due by 10/12/2021 — USA v. Denton (Dkt. 43, S.D. Fla.)
Filed September 25, 2021 in USA v. Denton; one of 9 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2021-09-25 |
U.S. District Court for the Southern District of Florida · No. 0:21-cr-60171-RS · Doc. 43 · 2021-09-25 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AMERICA,
Plaintiff,
v.
CASE NO. 21-60171-CR-SMITH
CINDI ELLIS DENTON,
Defendant.
______________________________/
MOTION FOR A DOWNWARD VARIANCE
Defendant, CINDI ELLIS DENTON, by and through her undersigned counsel,
pursuant to Title 18 U.S.C. Section 3553(a), respectfully moves this Honorable Court to
grant a downward variance from the Sentencing Guidelines range and as grounds for
therefore states as follows:
1.
There are objections [DE: 38] to the Presentence Investigation Report
(PSR). Defendant’s position is that the advisory sentencing guidelines are a total offense
level of 12 and a criminal history category of I. The guideline imprisonment range is 10
to 16 months imprisonment, in Zone C of the Sentencing Table. This motion/request is
for a downward variance from the advisory Sentencing Guidelines which was initially
requested with the objections to the PSR [DE: 38].
2.
In United States v. Booker, 543 U.S. 220, 125 S. Ct. 738, (2005), the
Supreme Court held that the Sentencing Guidelines are advisory only, not mandatory.
“The district courts, while not bound to apply the Guidelines, must consult those
Guidelines and take them into account when sentencing.” Id. at 245, 125 S. Ct. at 767.
Case 0:21-cr-60171-RS Document 43 Entered on FLSD Docket 09/25/2021 Page 1 of 4
After this Court calculates the Guidelines range, it may impose a more severe or more
lenient sentence as long as the sentence is reasonable. Id. at 245, 125 S. Ct. at 767.
3. Post Booker, the Section 3553(a) factors must be considered in determining a
sentence. In determining the sentence minimally sufficient to comply with the
Section 3553(a)(2) purposes of sentencing, the court must consider several factors
listed in Section 3553(a). These are (1) “the nature and circumstances of the
offense and the history and characteristics of the defendant;” (2) “the kinds of
sentence available;” (3) the guidelines and policy statements issued by the
Sentencing Commission, including the (now non-mandatory) guideline range; (4)
the need to avoid unwarranted sentencing disparity; and (5) the need to provide
restitution where applicable. 18 U.S.C. Section 3553 (a)(1), (a)(3), (a)(5)-(7).
4. Cindi Ellis Denton is a 63 year old first time offender. She suffers from a
variety of medical infirmities which has included a stroke that place her at risk if
incarcerated. See paragraphs 73-77 of the PSR.
5. Ms. Denton is the person responsible (i.e., guardian and caretaker) for the
care of two (2) minor children with special needs. She also home schools them. See
paragraphs 66, 69 & 70 of the PSR.
6. Ms. Denton is truly sorry and remorseful for her actions. See paragraph 43 of
the PSR.
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Case 0:21-cr-60171-RS Document 43 Entered on FLSD Docket 09/25/2021 Page 2 of 4
7. Defendant seeks a downward variance based on Defendant being a first
time offender, her medical conditions, her family circumstances, her mitigating minimal
role, her aberrant behavior, how she is extremely susceptible to the Covad-19 Delta
Variant, how the deadly virus affects the prisons and the safety of inmates in confined
conditions, and the unlikelihood of recidivism on the part of Ms. Denton.
8. Based on the above factors, this Court can give Ms. Denton a downward
variance to a sufficient sentence that is both procedurally and substantively reasonable.
This would be a fair and just sentence that achieves the sentencing objectives of Section
3553 (a).
9. Ms. Denton will provide further detail/explanation in a Sentencing
Memorandum.
WHEREFORE, for the foregoing reasons Defendant, CINDI ELLIS
DENTON, respectfully requests that this Honorable Court grant a downward variance
from the Sentencing Guidelines range.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was
electronically filed with the Clerk of the Court using CM/ECF. I also certify that the
foregoing document is being served this 25th day of September, 2021, on all counsel of
-3-
Case 0:21-cr-60171-RS Document 43 Entered on FLSD Docket 09/25/2021 Page 3 of 4
record either via transmission of Notices of Electronic Filing generated by CM/ECF or in
some other authorized manner for those counsel or parties who are not authorized to
receive electronically Notices of Electronic Filing.
Respectfully submitted,
MANUEL GONZALEZ, JR., ESQ.
Attorney for Defendant
121 Alhambra Plaza
Suite 1500
Coral Gables, Florida 33134
(305) 444-1400
(305) 938-5009 (FAX)
Mannylaw7@yahoo.com (email)
BY: _/s/Manuel Gonzalez, Jr.___________
MANUEL GONZALEZ, JR., ESQ.
FLORIDA BAR NO. 397997
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