United States District Court, E.D. New York
MEMORANDUM AND ORDER
WILLIAM F. KUNTZ, II UNITED STATES DISTRICT JUDGE
March 11, 2016, Jose Garcia ("Defendant") waived
indictment and pleaded guilty to a single-count information
pursuant to a plea agreement. The Court now sentences
Defendant and provides a complete statement of reasons
pursuant to 18 U.S.C. § 3553(c)(2) of those factors set
forth by Congress and the President and contained in 18
U.S.C. § 3553(a). For the reasons discussed below,
Defendant is hereby sentenced to time served, five years of
supervised release, $258, 000.00 in restitution, and a
$100.00 special assessment.
March 11, 2016, Defendant waived indictment and pleaded
guilty to a single-count information pursuant to a plea
agreement. See Waiver of Indictment, ECF No. 3;
Information, ECF No. 2; Plea Agreement, ECF No. 5. The
Information charged Defendant with a single count of Passing
Treasury Checks Bearing Forged Endorsements, in violation of
18 U.S.C. § 510(a)(2). Information ¶ 1.
Court hereby sentences Defendant and sets forth its reasons
for Defendant's sentence using the rubric of the 18
U.S.C. § 3553(a) factors pursuant to 18 U.S.C. §
U.S.C. § 3553 outlines the procedures for imposing
sentence in a criminal case. If and when a district court
chooses to impose a sentence outside of the Sentencing
Guidelines range, the court "shall state in open court
the reasons for its imposition of the particular sentence,
and .. . the specific reason for the imposition of a sentence
different from that described" in the Guidelines. 18
U.S.C. § 3553(c)(2). The court must also "state
with specificity" its reasons for so departing "in
a statement of reasons form[.]" Id.
sentencing court's written statement of reasons shall be
a simple, fact-specific statement explaining why the
guidelines range did not account for a specific factor or
factors under § 3553(a)." United States v.
Davis, 08-CR-0332, 2010 WL 1221709, at *1 (E.D.N.Y. Mar.
29, 2010) (Weinstein, J.). Section 3553(a) provides a set of
seven factors for the Court to consider in determining what
sentence to impose on a criminal defendant. The Court
addresses each in turn.
The Nature and Circumstances of the Offense and the History
and Characteristics of the Defendant
first § 3553(a) factor requires the Court to evaluate
"the nature and circumstances of the offense and the
history and characteristics of the defendant." 18 U.S.C.
was born in Puerto Rico on November 4, 1962 to Gary Fortier
and Carmen Lebron. Presentence Investigation Report
("PSR") ¶ 34, ECF No. 11. When he was nine
days old, Defendant was adopted by Lorenzo Garcia, his
mother's husband. Id. ¶ 34. Defendant's
adoptive father already had approximately twenty children
from three previous marriages. Id. ¶ 35. The
union between Defendant's adoptive father and
Defendant's mother resulted in three children.
Id. ¶ 37. Defendant remains close to one of
those siblings, Carmen Yvette Garcia. Id.
complications during his birth, Defendant suffered a broken
skull and spoke with a lisp. Id. ¶ 35. He was
largely mute until the age of eleven, and he underwent
electroshock therapy until the age of nine. U.S. Probation
Office Sentence Recommendation ("Sentence
Recommendation") at 2, ECF No. 11 -1; PSR ¶ 35.
Throughout his childhood, Defendant's mother brought him
to several doctors, each of whom stated that Defendant was
dying and they could not help him. PSR ¶ 35. Members of
Defendant's adoptive father's family often harassed
and abused Defendant because of his medical ...