U.S. v. Hawkins

380 F.Supp.2d 143

UNITED STATES of America, v. Chastity HAWKINS, Defendant.

No. 02-CR-563 (JBW).

United States District Court, E.D. New York.

August 8, 2005.

Roslynn R. Mauskopf, United States Attorney, Eastern District of New York, by Debra D. Newman, Assistant United States Attorney, Brooklyn, NY, for the Government.

Daniel Nobel, New York, NY, for Defendant.

MEMORANDUM, ORDER & JUDGMENT

WEINSTEIN, Senior District Judge.

                               Table of Contents
  I.  Introduction .......................................................144
 II.  Facts and Procedural History .......................................145
      A.  Crime ..........................................................145
      B.  Conviction and Sentence ........................................145
      C.  Offender Characteristics .......................................145
          1.  Family and Community Ties ..................................146
          2.  Physical Condition .........................................146
          3.  Employment .................................................146
      D.  Downward Departure .............................................146
      E.  Appeal and Remand ..............................................146
      F.  Booker .........................................................147
III.  Law ................................................................147
      A.  Rehabilitation as an Aim of Sentencing .........................147
      B.  Extraordinary Rehabilitation under the Sentencing Guidelines....151
      C.  Extraordinary Rehabilitation and Ordinary People ...............158
 IV.  Oral Conclusions at Hearing ........................................161
  V.  Post-Hearing Findings of Fact and Conclusions of Law ...............166
      A.  Findings of Fact ...............................................166
      B.  Conclusions of Law .............................................176
 VI.  Conclusion .........................................................178

I. Introduction

The government appealed from the district court's grant of a downward departure on the grounds of extraordinary rehabilitation. The United States Court of Appeals for the Second Circuit vacated the sentence and remanded the case for findings of fact.

It is the government's view that the defendant, a young mother, must be imprisoned. The court disagrees.

By a standard of clear and convincing evidence there has been extraordinary rehabilitation, both at the time of the original sentence and now. The fact that defendant engaged in further criminal activity while she was in the process of rehabilitation does not preclude a finding of extraordinary rehabilitation. See, e.g., United States v. Kane, 88 F.Supp.2d 408, 409 (E.D.Pa.2000) (granting downward departure for drug trafficking conviction based on defendant's extraordinary rehabilitation despite the fact that "[w]hile under supervision of Pretrial Services, he tested positive for drug use several times....").

After setting out the facts and procedural history (Part II), this memorandum addresses the law of rehabilitation under the Guidelines, section 3553(a) of title 18 of the United States Code, and general law (Part III); sets out this court's oral conclusions at the end of the hearing conducted pursuant to the remand (Part IV); makes findings of fact and law (Part V); and concludes that the facts and law support the original nonincarceratory sentence (Part VI).

II. Facts and Procedural History

A. Crime

The defendant was charged, along with approximately sixty others, in a scheme to defraud insurance companies by staging automobile accidents and initiating false legal and medical claims based on fabricated injuries.

The leader of the conspiracy was defendant's father, Quentin Hawkins. Beginning in January 1999, Mr. Hawkins led a city-wide organization devoted to staging car accidents with attendant fraudulent medical and legal claims. He organized the "accidents," directed the "victims" to medical clinics and personal injury lawyers, and obtained false police reports.

To aid in conducting the scheme, Quentin Hawkins employed several "lieutenants," who were responsible for overseeing the events, including choosing locations for staged accidents, ensuring that the participants and vehicles were assembled, deciding whether the damage to the vehicles was sufficient, fabricating police reports, and coordinating referral of the "victims" to specific medical clinics and attorneys.

The defendant and one of her brothers, who are both children of the ringleader Quentin Hawkins, were directed by him to assist in arranging "accidents" by helping recruit participants. Their mother, Quentin's wife, also participated. It was a family business.

Following a November 1, 1999 staged accident, the defendant, along with other individuals, filed a mendacious personal injury lawsuit. On December 18, 2000, the defendant testified falsely that the accident was authentic.

B. Conviction and Sentence

Defendant pled guilty to a violation of section 371 of title 18 of the United States Code on May 28, 2002. There was no plea agreement. In her allocution defendant admitted to knowing participation in the November 1999 staged accident.

At the first sentencing hearing on October 3, 2002, the court adopted the loss calculation of $148,814.00 recommended by the government. That and other factual findings resulted in enhancements that increased the final offense level from a base of 6 to 13. Since defendant had had no prior brushes with the law, the applicable Guidelines sentencing range (Offense Level 13, Criminal History Category I), was 12 to 18 months.

Defense counsel moved for a downward departure on two grounds: extraordinary family circumstances and extraordinary rehabilitation. Decision was reserved. An adjournment of sentencing for one year was granted so that the defendant could have "a chance to show full rehabilitation." During the interim, defendant was closely supervised by the court's Pretrial Services Agency.

The court received a positive evaluation from Pretrial Services regarding the defendant's successful efforts to maintain employment and on other aspects of her life. On September 15, 2003, a sentence principally of probation plus full restitution was imposed, based on a downward departure of five levels for extraordinary rehabilitation.

C. Offender Characteristics

At the September 2003 sentencing, the court was presented with a nuanced picture of the nature and circumstances of the offense and the history and characteristics of the offender.

1. Family and Community Ties

The defendant was born on May 7, 1975. She is one of four children of the marriage of Quentin Hawkins and Nancy Hawkins. At the time of defendant's sentence, Quentin Hawkins was incarcerated for his involvement in the scheme underlying defendant's conviction. His wife, her mother, was living with defendant, defendant's daughter, and defendant's thirteen-year-old brother.

Defendant was raised in a low-income area, in what pretrial services described as "lower-middle-income" circumstances. Her parents were recipients of Section 8 Housing Welfare Program benefits for approximately twelve years. Her father was an alcoholic.

After she dropped out of high school, defendant spent her time "hanging out" and partying. In 1996, unmarried, she gave birth to her daughter, Quentaya, who was six years old at the time of sentence. Quentaya's father has been almost steadily imprisoned since the child's birth.

At sentencing the defendant indicated that she did not know who would care for her daughter if she were incarcerated. Her mother, who had been largely responsible for the child, was depressed by her husband's incarceration and without an income.

2. Physical Condition

In 1993, when the defendant was seventeen years old, she was involved in a physical confrontation with a twenty-five year old woman. The woman, previously unknown to her, and for no apparent reason, threw acid at defendant, causing severe facial burns. Defendant was treated at the Cornell Burn Unit in New York City for the following three months. While she remains an attractive woman, she still bears deforming scars on her face and neck. She has also had a history of asthma and migraine headaches.

3. Employment

From September 2001 to October 2001, the defendant was employed by Lefta Check Cashing in Brooklyn, New York, as a teller. She was earning a gross income of $300.00 per week, before being fired for improperly approving two cashed checks. The manager of Lefta indicated that the defendant was responsible for approximately a $10,000.00 loss to the business. From October 2001 to January 2002 she received unemployment compensation and public assistance.

At the time of the 2003 sentence, the defendant had been employed for more than a year and a half as a console monitor for a security company in the Bronx at $11.65 an hour. Her duties included performing surveillance of apartment buildings to ensure residents' safety. Conviction resulted in her being discharged.

D. Downward Departure

As noted, at the September 2003 sentencing hearing Pretrial Services reported favorably on defendant's work, home life, and other indicia of rehabilitation. The court concluded that the defendant had displayed extraordinary rehabilitation under the Guidelines and, for that reason, granted a downward departure of five levels. An offense level of 8, criminal history category I, permitted a nonincarceratory probationary sentence. Imposed was a sentence principally of three years probation and restitution of $148,814.00.

E. Appeal and Remand

On appeal the government argued that the district court erred in departing downward on the ground of extraordinary rehabilitation.

Pursuant to what was then the recently enacted Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003, Pub.L. No....