Monday, February 01, 2010
Former Montgomery Co. postal carrier gets 8-hour jail sentence in mail theft case
Stephanie R. Smith, who had worked from the Riner Post Office, pleaded guilty in November to stealing cash and gift cards from the mail.
Updated 2:23 p.m.
Sometimes it pays to just keep asking.
Federal public defender Fay Spence put on no evidence and filed no motions today, but a month in prison shrank to eight hours behind bars as Spence effectively appealed -- even before it was imposed -- the sentence given to a former Montgomery County mail carrier who stole cash and gift cards.
The carrier was Stephanie R. Smith, who had worked from the Riner Post Office in Montgomery County, and who pleaded guilty in November to a federal charge of stealing the mail. Back in U.S. District Court in Roanoke for sentencing, Smith faced sentencing guidelines that suggested up to six months in prison.
Spence reminded U.S. District Judge James Turk that the lower end of the recommended range of incarceration was zero. Smith has a newborn infant and a 6-year-old child to care for, she said.
Spence asked if Turk would consider sentencing Smith to probation rather than putting her in prison. Smith had gone through a difficult relationship with someone who had a drug problem and had made bad decisions during that time, but had accepted responsibility for her actions, Spence said.
Asked by Turk if she had anything to say, Smith apologized. "I'm ready to accept whatever punishment is given to me," she said.
Turk said he would commit Smith to the custody of the U.S. Bureau of Prisons for one month. He ran through the rest of the sentence: two years of supervision by the federal probation office, a total of $420 restitution to eight people who'd lost money they mailed.
Then Spence spoke up again, asking if her client might serve the month in home confinement so that she could be with her children.
Turk glanced from Spence to Assistant U.S. Attorney Ashley Neese. "I believe she ought to serve some time," the judge said. Asked for the prosecution's input, Neese said any sentence within the guidelines would be acceptable.
Turk asked who could care for Smith's children while she was in prison.
"It's just me," Smith said tearfully. Her home in Pulaski County is about 30 minutes' drive from her parents' residence in Riner, she said, and her boyfriend lives with her but works during the day.
Perhaps Smith could serve her time on weekends, Spence suggested.
Turk gave a short chuckle. "She just told the court she was willing to accept whatever the court gives her and she's not willing to serve one month," he said.
Spence persisted. Her client had cooperated with investigators, she said, and coming from a family of postal workers, had already suffered shame and embarrassment.
Turk said he'd drop the prison sentence to a single day.
"Thank you, your honor," Spence said.
Court security officer Jimmy Spence -- no relation to the defense attorney -- asked Turk if by a day, he meant 24 hours or eight hours.
"It's up to you," Turk replied.
The officer led Smith from the courtroom, saying she'd probably just stay in the federal lockup for eight hours.
Typically low-key, Spence flashed a broad grin after the hearing but had little to say about the outcome. She noted Smith's infant was waiting outside the federal building with the baby's father. Presumably, mother and child will be reunited sometime this evening.
"That's manageable," Spence said.
Sometimes it pays to just keep asking.
Federal public defender Fay Spence put on no evidence and filed no motions today, but a month in prison shrank to eight hours behind bars as Spence effectively appealed -- even before it was imposed -- the sentence given to a former Montgomery County mail carrier who stole cash and gift cards.
The carrier was Stephanie R. Smith, who had worked from the Riner Post Office in Montgomery County, and who pleaded guilty in November to a federal charge of stealing the mail. Back in U.S. District Court in Roanoke for sentencing, Smith faced sentencing guidelines that suggested up to six months in prison.
Spence reminded U.S. District Judge James Turk that the lower end of the recommended range of incarceration was zero. Smith has a newborn infant and a 6-year-old child to care for, she said.
Spence asked if Turk would consider sentencing Smith to probation rather than putting her in prison. Smith had gone through a difficult relationship with someone who had a drug problem and had made bad decisions during that time, but had accepted responsibility for her actions, Spence said.
Asked by Turk if she had anything to say, Smith apologized. "I'm ready to accept whatever punishment is given to me," she said.
Turk said he would commit Smith to the custody of the U.S. Bureau of Prisons for one month. He ran through the rest of the sentence: two years of supervision by the federal probation office, a total of $420 restitution to eight people who'd lost money they mailed.
Then Spence spoke up again, asking if her client might serve the month in home confinement so that she could be with her children.
Turk glanced from Spence to Assistant U.S. Attorney Ashley Neese. "I believe she ought to serve some time," the judge said. Asked for the prosecution's input, Neese said any sentence within the guidelines would be acceptable.
Turk asked who could care for Smith's children while she was in prison.
"It's just me," Smith said tearfully. Her home in Pulaski County is about 30 minutes' drive from her parents' residence in Riner, she said, and her boyfriend lives with her but works during the day.
Perhaps Smith could serve her time on weekends, Spence suggested.
Turk gave a short chuckle. "She just told the court she was willing to accept whatever the court gives her and she's not willing to serve one month," he said.
Spence persisted. Her client had cooperated with investigators, she said, and coming from a family of postal workers, had already suffered shame and embarrassment.
Turk said he'd drop the prison sentence to a single day.
"Thank you, your honor," Spence said.
Court security officer Jimmy Spence -- no relation to the defense attorney -- asked Turk if by a day, he meant 24 hours or eight hours.
"It's up to you," Turk replied.
The officer led Smith from the courtroom, saying she'd probably just stay in the federal lockup for eight hours.
Typically low-key, Spence flashed a broad grin after the hearing but had little to say about the outcome. She noted Smith's infant was waiting outside the federal building with the baby's father. Presumably, mother and child will be reunited sometime this evening.
"That's manageable," Spence said.
