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United States v. Evans

United States District Court, Second Circuit

October 8, 2013

UNITED STATES OF AMERICA,
v.
MORRIS EVANS, Defendant.

SENTENCING OPINION

ROBERT W. SWEET, District Judge.

On April 22, 2013, Morris Evans ("Evans" or the "Defendant") pleaded guilty to one count of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). For the reasons set forth below, Evans will be sentenced to 57 months' imprisonment to be followed by three years' supervised release. Evans will be required to pay a special assessment of $100.

Prior Proceedings

On February 2012, Evans was named in a one-count Indictment 12 CR 414 (RWS) filed in the Southern District of New York. Count 1 charges that in the Southern District of New York, Evans, after having been convicted in a court of a crime punishable by imprisonment for a term exceeding one year, possessed an Arcadia Machine & Tool.45 caliber pistol, a Hi-Point.45 caliber pistol and four rounds of.45 caliber ammunition manufactured by Winchester, all of which previously had been shipped and transported in interstate and foreign commerce, in violation of 18 U.S.C. § 922(g)(1).

On April 22, 2013, the Defendant appeared before the Honorable Debra C. Freeman in the Southern District of New York and pleaded guilty to the above charge.

Evans's sentencing is scheduled for October 10, 2013.

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 Guidelines. 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 ...


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