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United States v. Hoyt

United States District Court, Second Circuit

November 7, 2013

UNITED STATES OF AMERICA
v.
KENNETH HOYT, Defendant.

SENTENCING OPINION

ROBERT W. SWEET, District Judge.

On April 30, 2013, Kenneth Hoyt ("Hoyt" or "Defendant") pleaded guilty to failure to register as a sex offender.

For the reasons set forth below, Hoyt will be sentenced to thirty months imprisonment followed by ten years of supervised release.

Prior Proceedings

Hoyt was named in a One-Count Indictment filed in the Southern District of New York on March 2013. Count One charges that from at least October 2012 through February 2013, in the Southern District of New York and elsewhere, Hoyt, being an individual required to register under the Sex Offender Registration and Notification Act, moved from California to New York without updating his registration with California and without registering in New York. On April 30, 2013, Hoyt appeared before the Honorable James L. Cott in the Southern District of New York and allocated to his criminal conduct in the above charge. Hoyt's sentencing is currently scheduled for November 12, 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. ยง 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 ...

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