Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES v. MALPESO

October 23, 1996

UNITED STATES OF AMERICA, Plaintiff, against LOUIS MALPESO, JR., Defendant.


The opinion of the court was delivered by: WEINSTEIN

 WEINSTEIN, Senior District Judge:

 TABLE OF CONTENTS

 I. FACTS

 II. GENERAL STATUTORY AND SENTENCING GUIDELINE REQUIREMENTS

 III. PRISON

 V. FINE

 VI. COST OF IMPRISONMENT

 VII. SPECIAL ASSESSMENT

 VIII. SUPERVISED RELEASE

 IX. CONCLUSION

 For the reasons set out below, defendant, who pled guilty to one count of extortionate collection of credit, 18 U.S.C. § 894, is sentenced to 27 months in prison, a $ 50 assessment, and a fine in the amount of $ 10,000. While the issue appears to be a novel one, the court also has the power to order restitution to the Federal Bureau of Investigation (F.B.I.) for the cost of relocating the victim and his family. Payment of $ 19,016.14 for his purpose is ordered.

 I. FACTS

 In 1995, defendant loaned John Burnham $ 100,000 in cash. The money was supplied by a consortium for which defendant acted. Burnham agreed to pay back that sum and an usurious interest payment of $ 3,000.00 per week -- a rate of 156% per annum.

 To force Burnham to pay, defendant not only threatened extreme violence, including murder, but struck Burnham. When Burnham fell further behind on payments, defendant (while somewhat inebriated) threatened to kill his wife and children. The victim and his family fled. Defendant hired a private investigator to track them down. Finally, Burnham sought help from the F.B.I. which recorded some of defendant's threats. Burnham and his family were relocated by the F.B.I. at an actual and reasonable cost of $ 19,016.14.

 At the sentencing hearing defendant's ill wife testified. Defendant is a good husband and father to his infant and three year old daughter. He and his wife share a home with an equity of about $ 50,000. This is almost their sole asset. Defendant is promised a job by a prospective employer who appeared at sentencing.

 II. GENERAL STATUTORY AND SENTENCING GUIDELINES REQUIREMENTS

 Section 3553 of Title 18 of the United States Code details the factors the court must consider at sentencing. Exercising "traditional sentencing discretion," Koon v. United States, 135 L. Ed. 2d 392, 116 S. Ct. 2035, 2046 (1996), it must "impose a sentence sufficient, but not greater than necessary, to comply with purposes set forth" in the statutes. 18 U.S.C. § 3553(a). These purposes include deterrence, just punishment, incapacitation, rehabilitation, and restitution. The court

 shall consider --

 
(2) the need for the sentence imposed --
 
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.