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.
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.