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United States v. Hanchard

United States District Court, E.D. New York

February 14, 2017

UNITED STATES OF AMERICA,
v.
DANIEL GEORGE HANCHARD, Defendant.

          MEMORANDUM & ORDER

          WILLIAM F. KUNTZ, II, United States District Judge

         On 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.

         BACKGROUND

         On July 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.

         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 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.

         "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-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.

         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 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. Id.

         Defendant 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. ...


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