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United States v. Knights

United States District Court, S.D. New York

September 1, 2017

UNITED STATES OF AMERICA
v.
RYAN KNIGHTS, Defendant.

          SENTENCING OPINION

          ROBERT W. SWEET U.S.D.J.

         On January 26, 2017, Ryan Knights ("Defendant" or "Knights") pleaded guilty to intent to defraud the Government. Based on the conclusions set forth below, Knights will be sentenced to three (3) years of probation, subject to the scheduled sentencing hearing on September 14, 2017.

         Prior Proceedings

         Knights was named in a one-count information filed in the Southern District of New York on October 30, 2013; a superseding information was filed on January 26, 2017. Count One of the superseding information charges that from November 2004 to June 2007, in the Southern District of New York and elsewhere, Knights caused to be submitted, and aided and abetted in the submission of, false statements to the HUD in connection with mortgage transactions, and receiving compensation, and aiding and abetting the receipt of compensation by others, in connection with those transactions, in violation of 17 U.S.C. § 1012.

         Knights was arrested on November 1, 2013 and released that day on a $400, 000 personal recognizance bond co-signed by four financially responsible persons. On January 26, 2017, he appeared before the Honorable James C. Francis and allocuted to his criminal conduct as charged in Count One of the superseding indictment.

         Knights is scheduled to be sentenced on September 14, 2017.

         The Sentencing Framework

         In accordance with the Supreme Court's decision in United States v. Booker, 543 U.S. 220 (2005), and the Second Circuit's decision in United States v. Crosby, 397 F.3d 103 (2d Cir. 2005), the sentence to be imposed was reached through consideration of all of the factors identified in 18 U.S.C. § 3553(a), including the Advisory Guidelines. Thus, the sentence to be imposed here is the result of a consideration of:

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed -
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for -
(A} the applicable category of offense committed by the applicable category of defendant as set forth in ...

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