United States v. Hopkins

Statement of Reasons Pursuant to 18 U.S.C. § 3553(2)

JACK B. WEINSTEIN, Senior United States District Judge:

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Table of Contents

I. Introduction .......................................................................................................................... 2

II. Facts ..................................................................................................................................... 3

a. Food Stamp Fraud ............................................................................................................ 3

b. Mail Theft ......................................................................................................................... 4

c. Guilty Plea ........................................................................................................................ 4

d. Victim's Statement ........................................................................................................... 4

e. Sentencing ........................................................................................................................ 5

III. Offense Level, Category, and Sentencing Guidelines Range .......................................... 5

IV. Law ................................................................................................................................... 6

V. 18 U.S.C. § 3553(a) Considerations ................................................................................. 7

VI. Conclusion ....................................................................................................................... 8

I. Introduction

William Hopkins, Jr. pled guilty to food stamp fraud and to mail theft at an airport. In effect, he stole from the poor and the well-to-do to pay for his own pleasures.

He is 42 years old. He has no prior criminal conviction and has consistently held lawful employment and tried to support his offspring. Society and Hopkins are better off if he is kept out of prison so he can earn a living, pay restitution and help support his children with money and emotional support. See, e.g., Deborah Pines, Judge Rejects Guidelines in Fraud Sentencing, NYLJ, Jul. 1, 1992 ("Sentences ranged from probation to [various terms of] imprisonment for the defendants who are mainly single mothers from the Dominican Republic who bought, sold and used false identity documents to obtain government funds."). The heavy community service requirement substitutes for incarceration, serving the public rather than burdening the taxpayer. See, e.g., Colby Hamilton, Berman Defends 'Reasonableness' of Community Service Sentence, NYLJ, Mar. 26, 2018; see also U.S.C. § 5F1.3 cmt. n. 1 ("Community service generally should not be imposed in excess of 400 hours.").

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The minimum guideline for incarceration is eighteen months. Hopkins is sentenced concurrently to four years' probation and three hundred hours of community service. He will pay restitution in the amount of $59,022.24 for food stamp fraud and $13,178 for stolen mail at the rate of %10 of his net earnings. This punishment seems just. See, e.g., Gall v. United States, 552 U.S. 38, 48-49 (2007); United States v. Dennison, 493 F. Supp. 2d 139, 140 (D. Me. 2007) (giving special weight to "Congress's evident desire for restitution through working" in place of incarceration); 7 U.S.C. § 2024(b)(2)("[T]he court may permit [a defendant] to perform work approved by the court for the purpose of providing restitution for losses incurred . . . as a result of the [food stamp fraud]. If the court permits such individual to perform such work and such individual agrees thereto, the court shall withhold the imposition of the sentence on the condition that such individual perform the assigned work. Upon the successful completion of the assigned work the court may suspend such sentence."). The court does not withhold imposition of Hopkins' sentence, but takes into account Congressional preference for community work.

II. Facts

William Hopkins, Jr. ("Hopkins") was a custodian at a United States Post Office ("USPS") service center at John F. Kennedy International Airport ("JFK"). Pre-Sentence Report ("PSR") ¶ 9. At the time, his girlfriend and co-defendant, Mahalia Abraham ("Abraham"), worked for the New York City Human Resources Administration. PSR ¶ 8.

a. Food Stamp Fraud

As part of her employment, Abraham had access to names, dates of birth, social security numbers, and electronic benefits transfer ("EBT") card information of Supplemental Nutrition Assistance Program ("SNAP") recipients. Id.

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Between July 2014 and April 2016 Abraham provided the information of over 130 SNAP recipients to Hopkins. PSR ¶ 11. Hopkins fraudulently used this information to make purchases and withdraw cash, often delaying the intended beneficiaries from gaining access to food or other essentials. PSR ¶ 12. Abraham and Hopkins...