United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, United States District Judge
September 21, 2016, the defendant, Daniel George Hanchard,
pleaded guilty to one count of Illegal Reentry into the
United States After Deportation in violation of 8 U.S.C.
§ 1326(a) and 8 U.S.C. § 1326(b)(1). The Court now
sentences the 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,
the defendant is hereby sentenced to 14 months of
incarceration, 3 years of supervised release with the special
conditions of release proposed by the Probation Department,
and a $100.00 special assessment.
21, 2016, the United States filed a Complaint against Daniel
George Hanchard ("Defendant") alleging Defendant,
who had previously been removed from the United States and
had not made an application for readmission, had been found
in the United States. Compl. at 1, ECF No. 1. The subsequent
Indictment, filed on August 1, 2016, charged Defendant with a
single count of Illegal Reentry in violation of 8 U.S.C.
§ 1326(a) and 8 U.S.C. § 1326(b)(1). Indictment at
1, ECF No. 7. On September 21, 2016, Defendant pleaded guilty
to the Indictment pursuant to a Plea Agreement. See
Plea Agreement, ECF No. 13.
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 a
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-332, 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 Kingston, Jamaica, on August 11, 1966, to Ezra
Hanchard and Vita Thomas. Presentence Investigation Report
("PSR") ¶ 34, ECF No. 14. When Defendant was a
child, his parents moved to the United States to find work.
Id. Defendant remained in Jamaica with his great
aunt, who was middle-class and kept a Christian household.
completed the equivalent of high school and subsequently
studied accounts management at Michael College in Jamaica.
Id. ¶ 46. Prior to completing college,
id, Defendant secured a job with the Jamaican
government, mobilizing voters and organizing the election
process, id ¶ 48, and so he never obtained a
college degree, id. ...