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United States v. Madera

United States District Court, Second Circuit

December 4, 2013

UNITED STATES OF AMERICA
v.
ANTHONY MADERA, Defendant.

SENTENCING OPINION

ROBERT W. SWEET, District Judge.

On August 15, 2013, Anthony Madera ("Madera" or "Defendant"), pleaded guilty to knowingly and with intent to defraud issuing credit cards in the names of other people, to receive payment and any other things of value during a one-year period, the aggregate value of which is equal to or greater than $1, 000.

For the reasons set forth below, Madera will be sentenced to five months imprisonment followed by three years of supervised release, with five months of home detention to be served during the ordered term of supervised released.

Prior Proceedings

Madera was named in a One-Count Indictment filed in the Southern District of New York on June 3, 2013. Count One charges that from at least July 2012, up to about September 2012, in the Southern District of New York and elsewhere, Madera knowingly and with intent to defraud issued credit cards in the names of other people, to receive payment and any other things of value during a one-year period, the aggregate value of which is equal to or greater than $1, 000. On August 15, 2013, Madera appeared before the Honorable Ronald Ellis in the Southern District of New York and allocated to his criminal conduct in the above charge. Madera's sentencing is currently scheduled for December 9, 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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