United States District Court, S.D. New York
ROBERT W. SWEET, District Judge.
On November 12, 2014, Branden Mirna ("Mirna" or "Defendant") allocuted to criminal conduct as charged before the Honorable Sarah Netburn.
For the reasons set forth below, Mirna will be sentenced to 24 months' imprisonment followed by three years' supervised release, subject to the scheduled sentencing hearing on January 27, 2015. Defendant is also required to pay a special assessment of $100.
Defendant was named in a one-count ("Count One") indictment (the "Indictment") filed in the Southern District of New York. Count One charges that on April 27, 2014, in the Southern District of New York and elsewhere, Mirna a/k/a "Branden Jones, " a/k/a "Braden Jones, " escaped from the custody of the Bronx Residential Center in the Bronx, New York, where he was serving a sentence originally imposed on May 14, 2012, in the Southern District of New York after a conviction for a felony firearms offense.
On November 12, 2014, Mirna allocuted to his criminal conduct as charged before the Honorable Sarah Netburn. In accordance with a Pimentel letter, the position of the United States Attorney's Office is as follows:
a. The Guidelines provisions in effect as of November 1, 2013 apply in this case.
b. The applicable guideline is § 2P1.1 (a) (1), which has a base offense level 13.
c. Pursuant to U.S.S.G. § 2P1.1(b) (3), a four-level reduction would be warranted because Defendant escaped from a community corrections center. However, because Defendant, while away from the facility, trafficked in heroin and crack, an offense punishable by a term of imprisonment of one year or more, the reduction is not applicable.
d. Assuming Defendant clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through his allocution and subsequent conduct prior to the imposition of sentence, a two-level reduction, pursuant to U.S.S.G. § 3E1.1(a), is warranted.
e. In accordance with the above, the applicable Guidelines offense level is 11.
f. Based upon the information available to the Government, including representations by the defense, Defendant has eleven criminal history points. Therefore, Defendant's Criminal History Category is V.
g. Based upon the calculations set forth above, Defendant's stipulated Guidelines range is 24 to 30 months' imprisonment. In addition, after determining Defendant's ability to pay, the Court may impose a fine pursuant to U.S.S.G. § 5E1.2. The applicable fine range is $2, 000 to $20, 000.
Defendant is scheduled to be sentenced on January 27, 2015.
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 ...