United States Fourth Circuit

Conviction and sentence of 5 years' probation with 6 months' home confinement, based on guilty plea to aiding and abetting the distribution of crack cocaine and defendant's extraordinary rehabilitation, is vacated where the variance sentence of probation does not reflect the seriousness of defendant's offense or provide a just punishment and, thus, the sentence failed to satisfy adequately the sentencing factors set forth in 18 U.S.C. section 3553(a).

Appellate Information

• Argued 12/01/2006
• Decided 04/11/2007
• Published 04/11/2007

Judges

• Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Zelda Elizabeth Wesley, Assistant United States Attorney, Office of the United States Attorney, Clarksburg, West Virginia, for Appellant.  James Bryan Zimarowski, Morgantown, West Virginia, for Appellee.  Rita R. Valdrini, Acting United States Attorney, Wheeling, West Virginia, for Appellant.