United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE
18, 2017, Stephon Rene pleaded guilty to a lesser-included
offense within Count Five of the Superseding Indictment. 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,
Stephon Rene is hereby sentenced to 121 months of
incarceration, 3 years of supervised release, a forfeiture
money judgment of $1, 000, 000.00, and a $100.00 special
15, 2015, the United States filed a seventy-five count
Superseding Indictment against twenty-three defendants,
including Stephon Rene ("Defendant"). See
Superseding Indictment, ECF No. 48. On May 18, 2017,
Defendant pleaded guilty to a lesser-included offense within
Count Five of the Superseding Indictment, which charged a
Narcotics Trafficking Conspiracy. See Plea Agreement ¶
1, ECF No. 434.
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
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-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.
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.
now twenty-one years old, was born in Brooklyn, New York on
August 14, 1996. Presentence Investigation Report
("PSR") ¶ 67, ECF No. 484. Defendant is one of
seven children born to the consensual union of Stanley Rene
and Nirva Cherenfant. Id. The parents separated in
approximately 2002. Id. Defendant's father
resides in Brooklyn, and is employed in construction.
Id. Defendant's mother resides at the address of
record, and is employed as a home health aide. Id.
Defendant's parents are aware of his conviction and
remain supportive. Id. Notably, two of his seven
siblings, Stanley Cheranfant and Steven Cheranfant, are
co-defendants in the instant case. Id. ¶ 69.
Defendant stated that he maintains close relationships with
his parents and siblings. Id. ¶ 71.
was raised in a lower-income household. Id. ¶
70. At the time his parents separated, Defendant remained
with his mother. Id. At the age of thirteen,
Defendant went to live with his father. Id.
Defendant told Probation that his mother's residence was
overcrowded and he was constantly arguing with his brothers.
Id. Specifically, Defendant fought with his siblings
over "food, the television and video games."
Id. His father also believed that Defendant was not
being supervised properly in his mother's home, as his
mother worked long hours. Id. While living with his
mother, Defendant's eldest sister was responsible for
helping him with his homework and making snacks for him.
Id. Defendant stated that there was no abuse in the
home. A/, ¶7l.
stated to Probation that he withdrew from school in tenth
grade because he was constantly bullied over his height and
for wearing the same clothes repeatedly. Id. ¶
71. Defendant noted that he never informed his parents about
the bullying, as he was embarrassed. Id. He also
never informed them that he had stopped attending classes,
and they were unaware of his withdrawal from school until
they were contacted by the school. Id. Automotive
High School in Brooklyn verified to Probation that Defendant
attended their school from July 2, 2010 to June 6, 2014.