Motion for a Downward Variance — United States v. Cindi Ellis Denton (S.D. Fla.)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:21-cr-60171-RS · Doc. 43 · 2021-09-25 · Docket on CourtListener

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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.   
 
                                                      -2- 
 
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 
 
 
 
 
 
 
 
 
-4- 
Case 0:21-cr-60171-RS   Document 43   Entered on FLSD Docket 09/25/2021   Page 4 of 4

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