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