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United States v. Garcia

United States District Court, E.D. New York

January 30, 2017

UNITED STATES OF AMERICA,
v.
JOSE GARCIA, Defendant.

          MEMORANDUM AND ORDER

          WILLIAM F. KUNTZ, II UNITED STATES DISTRICT JUDGE

         On 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.

         BACKGROUND

         On 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.

         The 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. § 3553(c)(2).

         DISCUSSION

         I. Legal Standard

         18 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.

         "The 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.

         II. Analysis

         A. The Nature and Circumstances of the Offense and the History and Characteristics of the Defendant

         The 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. § 3553(a)(1).

         Defendant 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.

         Due to 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 ...


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