Eric Vale, 35, of Springfield, was sentenced to 10 years in federal prison after pleading guilty to selling guns, ammunition and cocaine to confidential informants on the government's payroll.
SPRINGFIELD - A city man whose defense attorney negotiated his client's way out of a 15-year mandatory minimum prison sentence will instead spend a decade behind bars for selling drugs, guns and ammunition to two government informants.
Eric Vale, 35, dissolved into tears when his lawyer, Jared Olanoff, talked about the impact an extended absence would have on Vale's two sons, 8 and 5. The boys came to the courthouse with family members for Vale's sentencing on Tuesday in U.S. District Court.
Vale signed a plea agreement with prosecutors agreeing to a 10-year sentence after the government assented to taking an "Armed Career Criminal" label off the table.
"I was able to convince the government that 15 years was too much. And we're extremely grateful they agreed," Olanoff told U.S. District Judge Mark Mastroianni. "I'm sort of ashamed to say that this was the best I could do for my client."
The Armed Career Criminal Act (ACCA) was passed by Congress and designed to drive federal sentencing guidelines up for repeat offenders. The label triggers a 15-year mandatory sentence. The act became controversial when the U.S. Supreme Court ruled that certain language in the statute was "overly vague" and thus unconstitutional.
The 2015 ruling by the high court saved scores of defendants 15-year sentences and applied retroactively, so many more prisoners were able to challenge the label under the new definition of "armed career criminal" and win motions for new sentences. At the same time, federal prosecutors relaxed their own interpretations of the law in pending cases.
Vale appeared the beneficiary of that shift in philosophy.
He pleaded guilty to selling a .380 caliber pistol and a "rack of rounds" to an undercover informant in 2013, for a grand total of $550, according to court records. The same year, Vale sold the same mole an eighth of an ounce of cocaine for $160, and two years later sold him a 9mm pistol for $500, plus 50 grams of cocaine for $1,500 to a second cooperating witness.
In April of 2015, Vale, who also lists aliases of "Eric Valle" and "E-Money," was arrested by Springfield police, who recovered more than an ounce of cocaine, marijuana, drug packaging materials and more than $37,000 in cash.
Vale pleaded guilty in that case and received a three-year sentence, Olanoff said, which will run concurrently with his federal sentence.
The defense lawyer also noted in his argument before the judge that the informants in Vale's case were "hungry" and cajoled federal agents to put them on the payroll and out on the streets so they could pay their phone bills, for instance.
Assistant U.S. Attorney Katharine Wagner told Mastroianni on Wednesday that while Vale's criminal record was troubling, he is not "the worst of the worst" of defendants who find themselves in federal court.
Just before Mastroianni handed down the sentence, Vale stood and apologized to the court, plus his family members.
"I didn't just destroy my life, I destroyed theirs too," he said to the judge.
"I don't really see much need in me expressing my feelings on this ... you just summed them up," Mastroianni responded, adding that the boys were examples of the collateral damage of crime.