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U.S. v. HILSEN

December 12, 2005.

UNITED STATES OF AMERICA,
v.
JESSE HILSEN, Defendant.



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

SENTENCING OPINION

Defendant Jesse Hilsen ("Hilsen") has pleaded guilty to a charge of failure to pay court ordered child support obligations in violation of 18 U.S.C. § 228 (a) (3), a class B misdemeanor. For the reasons set forth below, Hilsen is sentenced to time served. In addition, Hilsen is sentenced to one year supervised release and shall be required to pay restitution in the amount of $161,975.

Prior Proceedings

  An information was filed in the Southern District of New York on July 29, 2003, which charged that from June 1998 up to June 2004, Hilsen, who resided outside the United States, failed to pay at least approximately $161,975 in past-due payments for the support and maintenance of his son and daughter, as required by an order of the Supreme Court of the State of New York, New York County, dated on or about August 3, 1988. Hilsen voluntarily surrendered on June 19, 2004 and has been in custody since that date. On October 31, 2005, Hilsen appeared before this court and pleaded guilty to the above charges in accordance with a plea agreement entered into with the Government. The sentencing is scheduled for December 12, 2005.

  The Sentencing Framework

  In accordance with the Supreme Court's decision in United States v. Booker, 125 S. Ct. 738 (2005) and the Second Circuit's decision in United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), the sentence to be imposed was reached through consideration of all of the factors identified in 18 U.S.C. § 3553(a), including the advisory Sentencing Guidelines (the "Guidelines") establishing by the United States Sentencing Commission. Thus, the sentence to be imposed here is the result of a consideration of:
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(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 punishment for the offense;
(B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for —
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines . . .;
(5) any pertinent policy statement . . . [issued by the Sentencing Commission];
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense.
18 U.S.C. § 3553(a). A sentencing judge is permitted to find all the facts appropriate for determining a sentence, whether that sentence is a so-called Guidelines sentence or not. See Crosby, 397 F.3d at 111.

  The Defendant

  Jesse Hilsen (birth name Jesse Hilzenradt) was reportedly born on May 28, 1940 in New York, NY. Hilsen stated that he was reared in the Bronx, NY, under lower middle-class economic circumstances by his parents. Hilsen stated that he shared a loving relationship with his family and that he enjoyed a normal, yet uneventful childhood.

  Hilsen resided in the parental home until the age of 23, at which time he entered medical school, but resided intermittently at his parent's home.

  Hilsen reportedly married Rita Finley in April 1965, in Niagara Falls, NY. According to Hilsen, they separated in 1984 and were granted a divorce in 1988. Hilsen asserted that their divorce was a result of Finley's abuse of sleeping pills, diet pills, alcohol, sever PMS rage, and just being difficult to live with. Three children were born to this union: Nicole, 38; Daryl, 36; and Erik, 31. Erik and Daryl are the subject of the child support matter. According to Hilsen, his children are aware of his incarceration as a result of the child support matter and are upset about it. Hilsen reports that they have remained supportive of the defendant.

  Hilsen married Joan Packles during the late 1980's in the Dominican Republic, but this union was annulled in 1994. No children were born to this union.

  Hilsen reported marrying Leona Grunenbaum in July 1996 in Jerusalem, Israel. They were divorced in April 2001, due to incompatibility problems. No children were born to this union. Hilsen stated that he has resided throughout the world in search of a place where he could prosper. He reports feeling that he found prosperity in South Africa. He asserted that he returned to the United States to seek employment as a result of his ex-wife, Rita Hilsen, attaching his pension.

  At the time of his arrest, Hilsen was residing at uncle's home in Walkill, NY, while recuperating from his open heart surgery. He intends to reside with his uncle upon release from custody.

  Hilsen reports being in fair health, although he suffers from mitral valve prolapse, a condition in which heart valves do not function properly; sleep apnea; ...


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