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United States v. Newland

United States District Court, E.D. New York

March 31, 2017

UNITED STATES OF AMERICA,
v.
SHAWN NEWLAND, Defendant.

          MEMORANDUM & ORDER

          HON. WILLIAM F. KUNTZ, II UNITED STATES DISTRICT JUDGE

         On July 15, 2015, the United States filed a seventy-five count Superseding Indictment against twenty-three defendants, including Shawn Newland ("Defendant"). On June 23, 2016, Defendant pleaded guilty to Count One, Racketeering Acts Sixty through Sixty-Two, of the Superseding Indictment. 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 24 months of incarceration, 3 years of supervised release, and payment of restitution, a forfeiture money judgment of $1, 000, 000.00, and a $100.00 special assessment.

         BACKGROUND

         On July 15, 2015, the United States filed a seventy-five count Superseding Indictment against twenty-three defendants, including Shawn Newland ("Defendant"). See Superseding Indictment, ECF No. 48. On June 23, 2016, Defendant pleaded guilty to Count One, Racketeering Acts Sixty through Sixty-Two, of the Superseding Indictment. See Plea Agreement ¶l, ECF No. 323.

         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, now twenty-two years old, was born in Brooklyn, New York on March 4, 1995. Presentence Investigation Report ("PSR") ¶ 38, ECF No. 371. After his parents divorced in 1999, Defendant was raised by his mother in a low-income household in Brooklyn, but he saw his father approximately twice each month. Id. ¶¶ 38, 41. Defendant maintains close relationships with both of his parents as well as his six half-siblings. Id. ¶¶ 38, 40, 41.

         Defendant was a good student in elementary and junior high school, but he began to "associat[e] with the wrong crowd" in high school, becoming a truant and getting involved in crime. Id. ¶ 39. In 2009, at the age of fourteen, Defendant was charged with grand larceny in the fourth degree and adjudicated a juvenile delinquent. Id. ¶ 30. From 2009 through 2012, Defendant attended William E. Grady High School in Brooklyn, id. ΒΆ 55, and he was employed at a hair ...


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