DOJ-OGR-00004753.pdf

--- Page 1 --- **Document Header** Case 1:20-cr-00330-PAE Document 300 Filed 06/15/21 Page 10 of 32 **Page Content** L4TPDAYS 1 As the Court is aware, this is the defendant's fourth felony conviction for narcotics offense, and we agree with the probation office that a guidelines sentence would be appropriate in this case. 2 felony conviction for narcotics offense, and we agree with the probation office that a guidelines sentence would be appropriate in this case. 3 appropriate in this case. 4 THE COURT: Thank you very much. 5 Mr. Donaldson, have you reviewed the presentence report? 6 MR. DONALDSON: Yes, I have, your Honor. 7 THE COURT: Have you gone over it with Ms. Days? 8 MR. DONALDSON: Several times, your Honor. 9 THE COURT: I will hear you on sentencing, sir. 10 MR. DONALDSON: Thank you very much, your Honor. As the Court is aware, the Court read the PSR, as we all did, and the guideline range that came back from the PSR was 63 to 78 months, similar to what we agreed to in our plea agreement. The probation department recommended 63 months of incarceration. 11 We are recommending -- requesting that the Court sentence Ms. Day to 60 months, approximately three months below what the probation department is recommending and which would be the statutory minimum. 12 In our writing to the Court, we tried to provide the Court a background of Ms. Days and, we hope, some indication of why we believe 60 months is appropriate, rather than 63 months or rather than a guidelines sentence. **Footer** SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00004753