United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, UNITED STATES DISTRICT JUDGE:
19, 2017, Cordero Passley pleaded guilty to Count 64 of the
Superseding Indictment in the above-captioned case. 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,
Cordero Passley is hereby sentenced to 46 months of
incarceration, 3 years of supervised release, mandatory
restitution in the full amount of each victim's losses to
be determined by the Court, a forfeiture money judgment of
$1, 000, 000.00, and a $100.00 special assessment.
15, 2015, the United States filed a seventy-five count
Superseding Indictment against twenty-three defendants,
including Cordero Passley ("Defendant").
See Superseding Indictment, ECF No. 48. On May 19,
2017, Defendant pleaded guilty to Count Sixty-Four of the
Superseding Indictment, which charged Assault in Aid of
Racketeering. See Plea Agreement ¶ 1, ECF No.
436. The Defendant also stipulated and admitted that: (i)
between January 6, 2014 and January 20, 2015, he, together
with others, conspired to defraud financial institutions, in
violation of 18 U.S.C. § 1349 (as charged in Count
Sixty-Five of the Superseding Indictment); (ii) between
January 6, 2014 and July 18, 2014, he, together with others,
defrauded Bank of America in violation of 18. U.S.C. §
1344 (as charged in Count Sixty-Six of the Superseding
Indictment); and (iii) between January 16, 2014 and July 22,
2014, he, together with others, defrauded JPMorgan Chase, in
violation of 18 U.S.C. § 1344 (as charged in Count
Sixty-Seven of the Superseding Indictment). Id.
¶ 2. The Defendant stipulated that the foregoing conduct
would be considered by the Court pursuant to U.S.S.G. §
IB 1.2(c) "as if the defendant had been convicted of
additional count(s) charging these offenses."
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.
was born on September 7, 1994, in Brooklyn, New York. PSR
¶ 82, ECF No. 483. Defendant is the only child born to
the consensual union of John Butler and Sandra Jennifer
Passley. Id. Defendant's father resides in
Kennesaw, Georgia, and is employed as the regional manager at
a freight company. Id. Defendant's mother
resides at the address of record, and is employed as a
certified nurse's aide. Id. Defendant's
parents are aware of Defendant's arrest and conviction,
and they remain supportive of him. Id.
mother described him as a "very loving person, gentle
and helpful." Id. ¶ 83. The mother
recalled Defendant always helped the senior citizens in their
neighborhood, and he used to recruit the area children to
attend Sunday services. Id. Defendant's mother
noted Defendant was previously active in their church, and he
volunteered at the program to feed the homeless. Id.
With regard to the instant offense, Defendant's mother
noted she has always worked two jobs, and she found it
difficult to also look after Defendant. Id. She
noted Defendant often "felt all alone."
Id. Defendant's mother speculated that while she
was working nights, it allowed Defendant to become involved
with the "wrong crowd." Id. She advised
Probation that the family made efforts to remove Defendant
from the community by having him move to Georgia to be with
his father. Id.
has three maternal half-siblings. Id. ¶ 84.
Jamilla Smith resides in Brooklyn and is employed by former
New York City Mayor Bloomberg. Id. Defendant's
sister is also enlisted in the United States Army Reserves.
Id. Camilla Smith resides in Brooklyn and is
employed as a certified nurse's aide. Id. Kerah
Bowlyn resides at the address of record and is enrolled in
school. Id. Defendant also has six paternal
half-siblings. Id. Lynae Jones resides in East
Hartford, Connecticut, and his employment status is unknown.
Id. Nicholas Butler is currently incarcerated in the
State of Florida on drug charges. Id. Ashley Butler
resides in Georgia, and her employment status is unknown.
Id. Sharmalee Johnson resides in North Carolina and
is employed as a teacher. Id. Samantha Butler
resides in Kennesaw and is enrolled in college. Id.
Christina Butler resides in Kennesaw and is enrolled in
school. Id. The siblings are aware of
Defendant's arrest and conviction, and they remain
supportive of him. Id.
was primarily raised by his mother and maternal half-siblings
in a lower-income household, as his parents separated in
1996, when Defendant was age two. Id. ¶ 85.
Defendant advised his childhood was "not good"
because his mother worked two jobs, and he was unable to go
outside to play. Id. He noted that he was not
physically abused, but he would receive "harsh
beatings" from his mother. Id. Defendant added
that as the only son, "everything came down on
him." Id. He reported that he received limited
material items, as his mother could not afford them.
advised that he was diagnosed with Attention Deficit
Hyperactivity Disorder (ADHD) as a child, and he was supposed
to attend counseling. Id. However, as his mother was
not home to make him attend, Defendant rarely attended his
counseling sessions. Id. With regard to his father,
Defendant noted he was incarcerated on federal drug charges
in 2000, and his father was not released from custody until
2008. Id. According to the Electronic Case Filing
(ECF) system, Defendant's father was convicted of
Conspiracy to Distribute a Controlled Substance, and he was
sentenced in the District of Connecticut to five years
custody and four years supervised release on February 15,
2005. Id. Following Defendant's accident,
described infra, Defendant's father became more
active in his life. Id.
December 2011, Defendant became romantically involved with
Latisha Thomas. Id. ¶ 86. Ms. Thomas resides in
Brooklyn, is healthy, and is employed as a teacher in an
after school program. Id. She is also enrolled in
school to become a medical assistant. Id. One child,
a daughter, age three at the time of the presentence
investigation report ("PSR"), was produced from
this relationship. Id. The child was born with
Amniotic Band Syndrome. Id. As a result, she was
born with her middle finger missing on her right hand, and
her index finger on her left hand is partially missing.
Id. The child is also missing her big toe on her
right foot, and she is missing toe nails on several toes.
Id. She was unable to walk until she was sixteen
months old. Id. The child has issues with her grip,
and is unable to hold bigger items in her hands. Id.
Probation reports Defendant became emotionally upset when he
discussed how the child longs to attend dancing school, but
she is prevented because of her toes. Id. Defendant
advised Probation that the child does not receive disability
benefits or any extra help or therapy because of her
Thomas described Defendant to Probation as "very loving,
hardworking, outgoing, and caring." Id. ¶
87. Ms. Thomas added that he is an "excellent
father," and their daughter is his "number one
priority." Id. She advised that Defendant
financially supported herself and their child prior to his
arrest, and she is currently being supported by
Defendant's family. Id. Ms. Thomas noted she was
surprised by Defendant's instant arrest, and she was
unable to offer any insight as to why he became involved in
this conduct. Id. At the time of the PSR, she
advised Probation that she expected to complete her medical