United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE.
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.
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
"The Court: If you are arrested and then you
subsequently are acquitted, does that mean you were never
"The Witness: if you - no. If you are arrested and
"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."
Court entered judgment of guilty on the unanimous jury
verdict returned in this case.
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).