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United States v. Miller

United States District Court, E.D. New York

June 28, 2017

UNITED STATES OF AMERICA,
v.
OMAR CHRISTOPHER MILLER, Defendant.

          MEMORANDUM & ORDER

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

         On August 26, 2016, Omar Christopher Miller ("Defendant") was convicted by a jury of one count of visa fraud, in violation of 18 U.S.C. § 1546(a). The Court now sentences him 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 twelve (12) months of incarceration served], 3 years of supervised release, and payment of a $100.00 special assessment.

         BACKGROUND

         On May 12, 2015, the United States filed a Complaint against Defendant, alleging he had knowingly subscribed as true false statements with respect to material facts in an immigration application and knowingly presented an application containing false statements. See Compl. at 1, ECF No. 1. On November 12, 2015, the United States indicted Defendant on one count of visa fraud, in violation of 18 U.S.C. § 1546(a). See Indictment, ECF No. 15. On August 26, 2016, after a trial before this Court, a jury found Defendant guilty of the sole count of the Indictment. See Verdict Sheet, ECF No. 63. This Court personally observed the testimony, both oral and documentary, as well as the demeanor of all the witnesses. Those witnesses included Mr. Andrew Daehne, a foreign service office employed by the United States Department of State, Detective Inspector of the Jamaica Constabulary Force who had worked for the JCF for more than twenty-six (26) years at the time of the trial; Mr. Percival Anderson, Deputy Superintendent of the JCF who at the time of the trial had been employed more than twenty nine years and four months; Mr. Derrick Powell, Inspector of The JCF who had been an Inspector with the JCF for more than sixteen years at the time of trial and who had been with the JCF for thirty-five years at the time of trial; Mr. Carmine Borges who served as the Supervisory Customs and Border Protection Officer at the time of the trial; Mr. Eric Klaussmann, Special Agent for the United States Diplomatic Security Service of The State Department of the United States; and Valerie Neita-Robertson, an Attorney licensed to practice in Jamaica called by The Defendant who when asked by this Court at page 347, lines 7 through 19 of the trial transcript the following questions gave the following answers:

"The Court: If you are arrested and then you subsequently are acquitted, does that mean you were never arrested?
"The Witness: if you - no. If you are arrested and charged.
"The Court: Yes.
"The Witness: And then you are acquitted."
"The Court: Yes."
"The Witness: It means you were arrested and charged you went before a court."
"The Court: Okay. You can be acquitted, but you still would have been arrested.
"The Witness: Technically speaking, yes."

         This Court entered judgment of guilty on the unanimous jury verdict returned in this case.

         The Court now sentences the Defendant and sets forth its reasons for Defendant's sentence using the rubric of the § 3553(a) factors pursuant to 18 U.S.C. § 3553(c)(2).

         DISCUSSION

         I. ...


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