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U.S. v. ANDERSON

June 9, 2004.

UNITED STATES OF AMERICA,
v.
CAVIN ISAAC ANDERSON, Defendant.



The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge

SENTENCING OPINION

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.

Background

  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, 1996.

  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 ...


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