The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
On November 20, 2003, defendant Cavin Isaac Anderson, a/k/a
Cavin Anderson, a/k/a Calvin Anderson ("Anderson") pled guilty to
the sole count of the indictment, illegal re-entry, in violation
of 8 U.S.C. § 1326. At least on August 14, 2003, Anderson, being
an alien, unlawfully entered and was found in the United States,
after having been deported from the United States subsequent to a
conviction for an aggravated felony in 1995. Anderson will be
sentenced to 46 months' imprisonment to be followed by three
years' supervised release. A special assessment fee of $100 is
mandatory and is due immediately.
This statement of facts draws on the Presentence Investigation
Report prepared by the U.S. Probation Office. The Defendant
Anderson was born in 1959 in Kingston, Jamaica, one of seven
children born to the marital union of Milton George Anderson and
Merle Anderson, née Byndloss. According to Anderson, his parents
presently reside in Kingston, Jamaica.
Anderson stated that he completed the eleventh grade at St.
Andrews Technical High School, in Kingston, Jamaica, and has had
no further schooling. He thereafter entered the United States as
a visitor in 1985, reportedly via Canada. Since that time he has
fathered six children with two women.
Anderson has multiple prior convictions. Between 1985 and 1987,
Anderson was convicted on multiple occasions in Bronx Criminal
Court, New York, for Criminal Possession of Marijuana in the
Fourth Degree and Criminal Possession of Marijuana in the Fifth
Degree. During that same period he also had individual
convictions for Disorderly Conduct, Giving Unlawful Gratuities,
Harassment, and Resisting Arrest.
In September of 1988, he was arrested for Possession of a
Weapon, for which he was subsequently convicted and sentenced in
Morris County Superior Court, New Jersey, in July of 1990. He was
arrested in February of 1990 and subsequently convicted and sentenced for Possession of Marijuana in Essex County Superior
Court, New Jersey in August of 1991.
In May of 1993, Anderson was arrested and later convicted of
Rape in the Third Degree in Bronx Supreme Court, New York. He was
sentenced to five years' probation for the offense in February of
1995, and was discharged from probation in August of 2003. As a
result of the conviction, Anderson registered as a Sexual
Offender with the Division of Criminal Justice on February 26,
In October of 1994, Anderson was sentenced to a conditional
discharge and five days' community service as the result of a
conviction for Criminal Possession of Marijuana in the Fifth
Degree stemming from an arrest in June of 1994.
In July of 1994, Anderson was arrested and later convicted for
Criminal Sale of Marijuana in the Fourth Degree, for which he was
sentenced to 90 days' custody or a $500 fine. A separate arrest
and conviction that same month for Criminal Sale of Marijuana in
the Fourth Degree led to a sentence of conditional discharge and
10 days' community service.
In January of 1995, Anderson was again arrested and convicted
of Criminal Possession of Marijuana in the Fifth Degree, an
offense for which he received a sentence of 30 days' custody or a $250 fine. Two years later, in January of 1997, Anderson was
arrested and convicted of Criminal Possession of Marijuana in the
Fourth Degree, an offense for which he received a sentence of ten
days' community service.
Anderson currently has one pending charge against him, stemming
from an arrest in 1987 for Harassment. A bench warrant was issued
in June of 1987 concerning that charge.
According to a New York City presentence report prepared in
1995, Anderson has admitted to daily ...