United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On January 9, 2014, Martin Alejandro Espinal Collado (the "Defendant" or "Espinal-Collado") pled guilty to Count 1: Being Found in the United States Following Deportation for an Aggravated Felony (8 U.S.C. §§ 1326(a) & (b) (2)), a Class C Felony. For the reasons set forth below, the Defendant will be sentenced to 24 months' imprisonment. Defendant is also required to pay a special assessment of $100.
Defendant was named in a one-count Information 13 CR 967, filed on December 13, 2013 in the Southern District of New York. Count One charges that from at least June 13, 2013, in the Southern District of New York, Defendant, being an alien, after having been removed from the United States on January 24, 2004 subsequent to a conviction for an aggravated felony, unlawfully entered and was found in the United States, in violation of 8 U.S.C. §§ 1326(a) & (b) (2).
3. On January, 9, 2014, the Defendant appeared before the Honorable Sarah Netburn in the Southern District of New York and allocated to Count 1 pursuant to a plea agreement.
Sentencing is scheduled for May 1, 2014.
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:
(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 sentence or not. See Crosby , 397 F.3d at 114-15.
The Court adopts the facts set forth in the Presentence Investigation Report ("PSR") with respect to ...