United States District Court, E.D. New York
MEMORANDUM & ORDER
WILLIAM F. KUNTZ, II, United States District Judge
September 25, 2018, Rodney Griffin pled guilty to Count One
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 contained in 18 U.S.C. § 3553(a). For the
reasons discussed below, Rodney Griffin is hereby sentenced
to 57 months of incarceration, 5 years of supervised release,
no fine, and a $100.00 special assessment.
August 30, 2018, the Government filed a Superseding
Indictment charging Rodney Griffin ("Defendant")
with one count of Bank Robbery, in violation of 18 U.S.C.
§§ 2113(a) and (d). Superseding Indictment, ECF No.
31. On September 25, 2019, Defendant pled guilty to Count One
of the Superseding Indictment pursuant to a plea penalty
sheet. See Exhibit 2 ("Plea Penalty
Sheet"), ECF No. 37.
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 December 16, 1964 to the marital union of Ronald
Griffin and Susie Burrell, both now deceased. Presentence
Investigation Report ("PSR") ¶ 44, ECF No. 59.
Defendant stated his parents later divorced in approximately
1972. Id. Defendant has two siblings, both of whom
are in good health: Tracy Constantine and Erica Mason.
Id. ¶ 45. Ms. Constantine resides in Brooklyn,
New York, has a child, and works with disabled children.
Id. Ms. Mason resides in Brooklyn, New York, has a
son, and works as a director of programming. Id.
birth until 1970, Defendant resided with his parents in a
low-income neighborhood in Brooklyn, New York. Id.
¶ 50. In approximately 1970, Defendant's father left
the family home and Defendant remained with his mother.
Id. In 1982, at age 18, Defendant left his
mother's home to live on campus at Sullivan County
Community College in Loch Sheldrake, New York. Id.