The Champion

November 2016 , Page 47 

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Collateral Consequences: Considering Collateral Consequences in Your Representation

By Caprice R. Jenerson

On May 24, 2016, Judge Frederic Block of the Eastern District of New York penned a 42-page opinion in the case of United States v. Nesbeth1 to address the issue of collateral consequences facing a convicted defendant and his belief that judges should consider such consequences in rendering a lawful sentence. A jury convicted Chevelle Nesbeth of importation of cocaine and possession of cocaine with intent to distribute. Based upon the federal sentencing guidelines, the applicable guideline range was 33-41 months imprisonment. However, Judge Block departed from the guidelines and sentenced Ms. Nesbeth to one year of probation with six months of home confinement and 100 hours of community service.

Ms. Nesbeth was a 20-year-old college student studying education. She was employed and lived with her mother in Connecticut. Although born in Jamaica, she is a United States citizen. She traveled to Jamaica and, upon return, brought two suitcases that contained drugs in the handl

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