United States District Court, E.D. New York
MEMORANDUM & ORDER
William F. Kuntz, II, United States District Judge.
February 12, 2019, Terrence Hohenkirk ("Defendant")
pled guilty to Count One of the 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 contained in 18 U.S.C. § 3553(a).
For the reasons discussed below, Defendant is hereby
sentenced to time served and a $ 100.00 special assessment.
August 3, 2018, the Government filed an Indictment charging
Defendant with one count of Importation of Cocaine, in
violation of 21 U.S.C. §§ 952(a), 960(a)(1), and
960(b)(2)(B)(ii). Indictment, ECF No. 9. On February 12,
2019, Defendant pled guilty to Count One of the Indictment
pursuant to a plea agreement. See Plea Agreement,
ECF No. 22.
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. The "starting point and the
initial benchmark" in evaluating a criminal sentence is
the Guidelines sentencing range. Gall v. United
States, 552 U.S. 38, 49(2007). 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 or
varying "in a statement of reasons form."
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 November 6, 1994 in Linden, Guyana, to the
non-marital union of Terrence Hohenkirk and Beverly Elcock,
now deceased. Presentence Investigation Report
("PSR") ¶ 25, ECF No. 23. His father, with
whom Defendant reports he does not have a close relationship,
resides in Linden and works as a gold miner. Id.
Defendant has a close relationship with his one maternal
half-sibling, who resides in Georgetown, Guyana, and does not
have a close relationship with his three paternal
half-siblings, all of whom reside in Linden. Id.
¶ 26. He was primarily raised by his paternal
grandparents under lower-income economic circumstances in
Guyana. Id. ¶ 27. Twice per month, Defendant
and his cousins did not have enough food. Id.
Despite these financial hardships, Defendant reported having
an "okay" childhood, devoid of any forms of abuse.
Id. In 2012, Defendant graduated from high school in
Guyana, and in 2017, obtained a certificate in accounting at
the Computer World Institute in Georgetown. Id.
¶ 35. In Guyana, Defendant has held jobs as a laundry
attendant for a hotel, a sales representative for a beverage
company, and a customer service representative for a
telemarketing company and call center. Id.
2014, Defendant married Sabrina Brown, who he had met online.
Id. ¶ 28. The two knew each other for two and a
half years prior to their marriage in Guyana. Addendum to the
PSR at 1, ECF No. 29. Ms. Brown resides in Manchester, United
Kingdom, and works as a supervisor for a hotel. Id.
They do not have any children together. PSR ¶ 28.
Defendant has not been able to contact his wife since prior
to his arrest for the instant offense and is uncertain if she
is aware of his conviction. Id. Upon his release
from custody, Defendant intends to reside with Ms. ...