Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

U.S. v. ZANDSTRA

United States District Court, S.D. New York


June 14, 2004.

UNITED STATES OF AMERICA,
v.
RANDALL ZANDSTRA, Defendant.

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

MODIFIED SENTENCING OPINION

On October 20, 2000, a jury convicted defendant Randall Zandstra ("Zandstra") of mail fraud and conspiracy to commit mail fraud, in violation of 18 U.S.C. § 371, 1341 and 1342. On April 30, 2001 a sentencing opinion was issued by this Court, familiarity with which is presumed. See United States v. Zandstra, 174 F. Supp.2d 1 (S.D.N.Y. 2001). In the 2001 opinion, Zandstra was sentenced to thirty months' imprisonment followed by a three-year term of supervised release. Id. at 4.

When Zandstra failed to appear for sentencing on May 8, 2001, a bench warrant was issued for his arrest. Zandra was rearrested in Colorado on January 9, 2004.

  The Guidelines calculations from the 2001 opinion will be used with the addition of a two-level enhancement for obstruction of justice, pursuant to U.S.S.G. § 3C1.1 because of Zandstra's failure to appear for sentencing and the subsequent bench warrant issued for his arrest. Zandstra's adjusted offense level is therefore increased from 16 to 18.

  "With a total of five criminal history points, Zandstra's Criminal History Category is III." Zandstra, 174 F. Supp.2d at 3. The Guidelines range for an offender with an offense level of 18 and a Criminal History Category of III is 33 to 41 months.

  The Sentence

  Zandstra shall be sentenced to a term of 37 months of imprisonment, to be followed by a three-year term of supervised release. A sentence in the middle of the guideline range is imposed because Zandstra's victims were individuals, some of whom lost their life savings.

  A $200 mandatory special assessment shall be due immediately. In addition, Zandstra is ordered to pay restitution in the amount of $276,510.50, jointly and severally with his co-conspirators.

  Zandstra shall be required to follow the standard mandatory conditions of supervised release, including that he shall not (1) commit another federal, state, or local crime; (2) illegally possess a controlled substance; (3) possess a firearm or destructive device. In addition, the following special conditions shall apply. Zandstra shall provide the probation officer with access to any requested financial information. He shall not incur new credit charges or open additional lines of credit without the approval of the probation officer unless the defendant is in compliance with the installment payment schedule. Zandstra shall not participate in any gambling activity while any portion of the restitution remains unpaid.

  As Zandstra poses a low risk of future substance abuse, the mandatory drug testing requirement is waived.

  Zandstra is to report to the nearest Probation Office within 72 hours of release from custody. Supervision shall be in the district of residence.

  This sentence is subject to modification at the sentencing hearing now set for June 17, 2004.

  It is so ordered.

20040614

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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