In United States v. Paredes, 15-Cr-436, EDNY Judge Jack B. Weinstein held that a defendant’s conviction for violating New York Vehicle and Traffic Law Section 1192.1, a violation and not a crime, does not result in criminal history points, thereby allowing the defendant to qualify for safety valve relief from a mandatory minimum sentence. Judge Weinstein concluded that the Sentencing Commission could not have intended to include VTL 1192.1 – New York’s Driving While Ability Impaired statute – because the statue “is a light, noncriminal offense with mens rea squeezed out of it.” Opinion at 14. You can read Judge Weinstein’s opinion here. The New York Law Journal has coverage here. Mr. Paredes was represented by Len Kamdang of the Federal Defenders of New York.
In United State v Henry, 15-Cr-179, SDNY Judge Paul A. Crotty imposed a sentence of 36 months in a case in …