United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE
31, 2017, Zadek Orgias 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,
Zadek Orgias is hereby sentenced to 70 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 Zadek Orgias ("Defendant"). See
Superseding Indictment, ECF No. 48. On May 31, 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
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. II. Analysis A. The Nature and
Circumstances of the Offense and the History and
Characteristics of the Defendant The 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 forty-four years old, was born in Brooklyn, New York on
May 15, 1974. Presentence Investigation Report
("PSR") ¶ 74, ECF No. 487. Defendant is the
only child born to the consensual union of Abdullah (last
name unknown) and Grace Orgias. Id. His father
resides in Fayetteville, North Carolina, and is employed
overseeing the plumbing layout in new building construction.
Id. His mother resides in Atlanta, Georgia, and
works as a travel agent. Id. The parents are aware
of Defendant's arrest and conviction, and they remain
supportive of him. Id. Defendant has a maternal
half-sister, Aisha Hinds, who resides in Woodland Hills,
California. Id. ¶ 76. Defendant also has two
paternal half-siblings, Aisha and Michael (last names
unknown), who both reside in Atlanta. Id. The
siblings are aware of Defendant's arrest and conviction,
and they remain supportive of him. Id.
advised Probation that he was primarily raised by his mother
and his maternal half-sister's father, Mark Hinds, in a
middle-income household. Id. ¶ 78. He had no
contact with his biological father until he was in his
thirties. Id. ¶ 79. He noted that he would call
Mr. Hinds "dad," and Mr. Hinds treated him as his
son "for the most part." Id. ¶ 78.
Defendant recalled that Mr. Hinds physically and verbally
abused his mother several times per month. Id. In
addition, Mr. Hinds physically abused Defendant and his
sister, and they were often beaten over "small
things," like leaving the refrigerator open.
Id. Mr. Hinds would beat Defendant with whatever
items he could get his hands on, including belts.
Id. Defendant noted that the abuse occurred
regularly, and he was often bruised as a result of the
beatings. Id. Defendant's mother and Mr. Hinds
separated in 2001, and Mr. Hinds died from a heart condition
at age 57, in 2013. Id.
has primarily resided in Brooklyn. Id. ¶ 80. He
resided in Grenada, West Indies, with a maternal aunt from
1980 to 1981, and 1987 to 1988. Id. Defendant noted
that his mother sent him to live with aunt because the
educational "structure" was better in Grenada.
Id. From 1995 to 1997, Defendant resided in Largo,
Florida. Id. Defendant recalled that his mother had
relocated the family to Florida. Id. He resumed
living in Brooklyn, New York, from 1998 to the present.
2011, Defendant became romantically involved with Abbecha
Aaron. Id. ¶ 81. Ms. Aaron is a homemaker.
Id. They have one child, Zadek Orgias, Jr. (age four
at the time of the PSR), and Ms. Aaron has an additional
child from a previous relationship. Id. Defendant
has resided with Ms. Aaron and the two children since 2013.
Id. ¶ 84.
he shows no employment for the years 2010 through 2017,
Defendant states he has been the primary supporter of Ms.
Aaron and the children. Id. ¶ 82. There is no
formal child support order from the court for the child.
Id. At the time of the PSR, Ms. Aaron was searching
for employment. Id. She had last worked as a cashier
at a restaurant for a few months. Id. Ms. Aaron
informed Probation that if Defendant were incarcerated, she
would not be able to afford to rent the address of record on
her own, and she would have to move in with her mother.
Id. The move would also cause her other child to
have to change schools. Id.
interview with Probation, Ms. Aaron described Defendant as a
"good person and great father." Id. ¶
83. She speculated that his motivation for the instant crime
was possibly financial. Id. Defendant's mother
described him as "very loving, kind, gentle, and
giving," and added that he had "found God"
since his arrest. Id. ¶ 75. Ms. Hinds,
Defendant's sister, also described him as a "good
listener, and genuine friend." Id. ¶ 77.
attended the ninth through the eleventh grades at Erasmus
Hall High School in Brooklyn from September 1988 to February
1991. Id. ¶ 97. Defendant withdrew from this
school to attend an unrecalled high school in Florida, from
which he earned his high school diploma. Id.
Defendant advised Probation that he attended a single
semester at Hillsborough Community College in Tampa, Florida,
in 1996. Id. ¶ 96. Defendant withdrew from
school because he was not "cut out" for it.
Id. Notably, the verification response from the
school indicates that Defendant completed ...