1. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
v.
KIM INNOCENTI
: CRIM. NO. 4:13-CR-00068
:
: (M/J Arbuckle)
:
: ELECTRONICALLY FILED
UNITED STATES= SENTENCING MEMORANDUM
I. PROCEDURAL HISTORY.
Defendant Kim Innocenti is an admitted possessor of cocaine. She
not only possessed cocaine, but she possessed it at the Allenwood Federal
Penitentiary with the intent to distribute it to an inmate. It is for these
reasons the United States opposes her motion for Special probation and
expungement for drug possessors, requested for under Title 18, United
States Code, Section 3607. The United States also respectfully requests
a guideline range term of imprisonment of 8 to 14 months.
II.
BACKGROUND.
On April 22, 2013, Innocenti appeared before this Honorable Court
and entered a plea of guilty to a one-count Information charging
Possession of Cocaine at the Allenwood Federal Correction Complex, in
violation of Title 21, United States Code, Section 844(a).

2. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 2 of 7
III.
ANALYSIS.
A thorough consideration of all of the sentencing factors set forth in
18 U.S.C. ' 3553(a) suggests that the most appropriate sentence is a
guideline range sentence of 8 to 14 months. The sentencing factors
include: (1) the nature and circumstances of the offense and the history
and characteristics of the defendant; (2) the need for the sentence
imposed to reflect the seriousness of the offense, to promote respect for
the law, and to provide just punishment for the offense; (3) the need to
afford adequate deterrence to criminal conduct, and to protect the public
from further crimes of the defendant; (4) the need to provide the
defendant with educational or vocational training, medical care, or other
correctional treatment in the most effective manner; (5) the guidelines
and policy statements issued by the Sentencing Commission; (6) the need
to avoid unwarranted sentence disparities among defendants with
similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense. 18
U.S.C. ' 3553(a).
A.
Consideration of the 3553(a) Factors.
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3. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 3 of 7
The defendant engaged in a serious offense. She not only
possessed cocaine on federal property, at a federal correctional facility,
she had the ultimate intent to distribute the cocaine to an inmate. The
crime she pled to, while not the most serious of offenses, falls squarely
within the class of cases to which the applicable guidelines are
addressed, and thus consideration of the nature of the offense, '
3553(a)(1), counsels in favor of a sentence of incarceration of between
8-14 months, the advisory guideline range. The crime which she could
have been charged with- the distribution, and the intent to distribute,
cocaine-as the Court is fully aware, carries substantial penalties far
beyond those of the crime to which she pled.
It is clear that the
recommended term of imprisonment is required Ato reflect the
seriousness of the offense, to promote respect for the law, and to provide
just punishment for the offense.@ ' 3553(a)(2). Any prison, especially a
federal penitentiary, is not an environment where you would want to
introduce cocaine. The safety of the institution is at risk. This
includes not only the prison personnel but also the inmates.
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4. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 4 of 7
Also, worth noting is the time period of the offense, April 1,
2011 to June 26, 2011. Clearly, this was not a spur-of-the-moment
crime, it encompassed approximately 3 months. To further this crime
Innocneti, a sixth grade school teacher, went to an unknown man near
her school and purchased the cocaine. The cocaine she distributed, or
intended to distribute, was to a federal inmate. A guideline range
sentence term of imprisonment is warranted.
The defendant has not set forth any persuasive argument for
leniency. She argues that this Court should sentence below the
guideline range on the basis of Title 18, United States Code, Section
3607. This would, however, not be an appropriate due to the serious
nature of the offense Innocenti committed.
Accordingly, as explained above, all the appropriate considerations
of sentencing, such as the nature of the offense and the character of the
offender, call for a period of incarceration in order to protect society from
this criminal conduct. Therefore, in sum, all of the appropriate
considerations of sentencing favor the imposition of an 8 to 14 month
sentence.
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5. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 5 of 7
To be clear, the government recognizes that the guidelines are
entirely advisory, and that a court has discretion to vary from an
advisory range, subject only to deferential appellate review for
reasonableness. However, a court is usually well advised to follow the
Sentencing Commission=s advice, in order to assure fair, proportionate,
and uniform sentencing of criminal offenders. Moreover, as explained
in detail earlier, there are no other § 3553(a) factors in this particular
case which militate against imposition of a guideline-range sentence; to
the contrary, the § 3553(a) factors on balance support the imposition of
that sentence.
In the words of Circuit Judge Aldisert, ABasta@ an Italian
exclamation which when freely translated means AEnough.@ United
States v. Desmond, 670 F.2d 414, 420 (3d Cir. 1980). Enough is
Enough. Innocenti could have convicted of crimes which carry
extremely more severe penalties. Indeed, she should recognize, or be
appreciative, to the plea bargain which was negotiated for her. When it
is all said and done, Innocenti possessed the cocaine for the purpose of
supplying it to an inmate. Clearly, that plea agreement more than
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compensated her for any cooperation she provided to law enforcement.
A term of imprisonment of 8 to 14 months is warranted.
Accordingly, the government respectfully recommends a sentence
of 8-14 months imprisonment.
Respectfully submitted,
PETER J. SMITH
United States Attorney
By s/William C. Simmers
WILLIAM C. SIMMERS
Assistant United States Attorney
PA ID 83865
Herman T. Schneebeli Federal Building
Office of the United States Attorney
240 West Third Street, Suite 316
Williamsport, PA 17701-6465
Tele: (570) 326-1935
FAX: (570) 326-7916
Electronic Mail: Bill.Simmers@usdoj.gov
Dated: August
12
, 2013
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7. Case 4:13-cr-00068-WIA Document 17 Filed 08/12/13 Page 7 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA
v.
KIM INNOCENTI
: CRIM. NO. 4:13-CR-00068
:
: (M/J Arbuckle)
:
: ELECTRONICALLY FILED
CERTIFICATE OF ELECTRONIC SERVICE
I hereby certify that I caused a true and correct copy of the foregoing
UNITED STATES= SENTENCING MEMORANDUM
to be provided by filing electronically on August 12, 2013, to:
ADDRESSEE:
Steven O. Meara
stevenomearalaw@aol.com
s/William C. Simmers
WILLIAM C. SIMMERS
Assistant United States Attorney