United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE.
November 12, 2015, the defendant, William Santana, pleaded
guilty to a lesser-included offense of one count of Narcotics
Distribution Conspiracy, in violation of 21 U.S.C.
§§ 846, 841(b)(1)(B)(i), and 841(b)(1)(C). 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 48
months of incarceration, 5 years of supervised release, and
payment of the $100.00 special assessment.
19, 2014, the United States filed an Indictment against
William Santana ("Defendant") and three
co-defendants, alleging a conspiracy to distribute heroin
within the Eastern District of New York. ECF No. 1. The
United States later filed a three-count Superseding
Indictment against Defendant and four co-defendants on
October 16, 2014. ECF No. 52. The Superseding Indictment
charged Defendant with one count of Narcotics Distribution
Conspiracy, in violation of 21 U.S.C. §§ 846,
841(a)(1), and 841(b)(1)(B), and one count of Use of a
Firearm, in violation of 18 U.S.C. § 924(c)(1)(A)(i).
Id. at 1-2. Defendant pleaded guilty to a
lesser-included offense of Count One of the Superseding
Indictment on November 12, 2015. See ECF No. 106.
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 on December 2, 1973, in Brooklyn, New York.
Presentence Investigation Report ("PSR") ¶ 52,
ECF No. 159. He was one of two children born to his parents,
who were in a long-term but "secret" relationship,
as Defendant's father was married to another woman
throughout their relationship. Id. ¶¶
52-54. Defendant has five half-siblings from his father's
marriage and two additional half-siblings from his
father's other extramarital relationships. Id.
¶ 54. Defendant did not have contact with his
half-siblings until he was approximately 14 years old, when
his stepmother reached out to him. Id.
was raised primarily by his mother, who suffered from a
heroin addiction, in difficult circumstances. Id.
¶¶ 52, 55. Until he was approximately eight years
old, Defendant lived in the Boriquen Houses, a public housing
complex in Bushwick, Brooklyn, in a crowded apartment with
his mother, brother, grandparents, and several other
relatives, many of whom abused alcohol and/or drugs,
particularly heroin. Id. ¶ 55. Several of
Defendant's family members ultimately died from causes
related to alcohol and/or drug abuse, including his mother,
who died from a heart attack at the age of 28 in 1982.
Id. ¶¶ 52, 55. Defendant then continued to
live with his grandparents, who also struggled with the