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United States v. Russell

October 2, 2006

UNITED STATES OF AMERICA,
v.
TRISHANA RUSSELL, DEFENDANT.



The opinion of the court was delivered by: Robert W. Sweet, Usdj

SENTENCING OPINION

Defendant Trishana Russell ("Russell") pled guilty to one count of conspiracy to produce and transfer false identification documents in violation of 18 U.S.C. § 1028(f). Fir the reasons set forth below, Russell will be sentenced to two years of probation. Russell also will be required to pay a fine of $200 and a special assessment of $100.

Prior Proceedings

Russell was arrested on August 16, 2004, and was released on her own recognizance. A complaint charging her with possession of false identification documents was filed, but was dismissed by the Government within thirty days. Shortly thereafter, the Bureau of Immigration and Customs Enforcement commenced deportation proceedings against Russell. Ultimately, Russell was granted voluntary departure, in lieu of removal, and was assigned a departure date of July 20, 2005.

Beginning in the spring of 2005, Russell I participated in a series of proffer sessions with the Government concerning her knowledge about the document fraud conspiracy, and was granted deferred action status so that she could continue to cooperate in an ongoing investigation. On January 11, 2006, a single-count information was filed in this District, charging Russell with conspiracy to produce and transfer false identification documents. In accordance with a cooperation agreement, Russell appeared the same day before the Honorable Frank Maas and pled guilty to the conduct charged in the information. Russell's sentencing is scheduled for October 3, 2006.

The Sentencing Framework

In accordance with the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (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") established 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 -- to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;

(A) to afford adequate deterrence to criminal conduct;

(B) to protect the public from further crimes of the defendant; and

(C) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;

(1) the kinds of sentences available;

(2) 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 ...


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