When Pho and Lewis came back for resentencing this morning, Torres told them that the only reason he had sentenced them below the guideline range was because he had used the 20-to-1 ratio, rather than the 100-to-1 ratio.

“It would be dishonest of me, having already stated that except for the ratio the guideline range was reasonable, to come up with a pretext of why I now think the guidelines don’t provide a reasonable context for your sentence,” Torres said.

So Torres sentenced Pho to 87 months in prison, up from his original sentence of 64 months. And he sentenced Lewis to 235 months in prison, up from 188 months.
Pho, 30, of Providence, had pleaded guilty to possessing more than 5 grams of crack with intent to distribute.

Lewis, 30, of Cranston, had pleaded guilty to possessing more than 50 grams of cocaine base with intent to distribute, and possessing two handguns while a convicted felon.

Assistant Federal Defenders Edward C. Roy Jr. and Kevin J. Fitzgerald said they plan to appeal the sentences imposed on Pho and Lewis yesterday. “It’s an issue that ultimately may have to be decided by the U.S. Supreme Court,” Roy said.

Thomas M. Connell, a spokesman for the U.S. Attorney’s Office, said, “Given the recent 1st Circuit decision, we believe that Judge Torres fashioned and imposed reasonable sentences in both cases today.”

-- Report from Journal staff writer Edward Fitzpatrick