United States v. Santos

UNITED STATES OF AMERICA, v. PIERRE SANTOS, Defendant.

16-cr-302 (WFK)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

January 30, 2018

MEMORANDUM & ORDER

WILLIAM F. KUNTZ, II, United States District Judge:

On October 7, 2016, Pierre Santos ("Defendant") pled guilty, without a plea agreement, to a single count-indictment for Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1) and 18 U.S.C. § 924(a)(2). The Court now sentences Defendant 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 Defendant is hereby sentenced to 70 months of incarceration, 3 years of supervised release, and payment of a $100.00 special assessment.

BACKGROUND

On June 7, 2016, the United States filed an Indictment charging Defendant with one count of Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1), a Class C Felony. ECF No. 7. On October 7, 2016, Defendant pled guilty before this Court, without a plea agreement, to the sole count of the indictment.

The 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. § 3553(c)(2).

DISCUSSION

I. Legal Standard

18 U.S.C. § 3553 outlines the procedures for imposing a sentence in a criminal case. If and when a district court chooses to impose a sentence outside of the United States Sentencing Commission Guidelines Manual (the "Guidelines" or "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.

"The 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-332, 2010 WL 1221709, at *1 (E.D.N.Y. Mar. 29, 2010) (Weinstein, J.) (internal quotation marks omitted). 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.

II. Analysis

A. The Nature and Circumstances of the Offense and the History and Characteristics of the Defendant

The 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. § 3553(a)(1).

Defendant was born on July 12, 1986, in Brooklyn, New York. See Presentence Investigation Report ("PSR") ¶ 30, ECF No. 13. Defendants' father passed away in 1989 from heart disease. Id. Defendant's mother is still alive. Defendant's mother struggled with alcoholism during Defendant's youth and to the present day. Id. ¶¶ 33, 44. She advised the United States Probation Department ("Probation") that she believes Defendant is a good person, and she is disappointed about his involvement in the instant offense. Id. ¶ 31. Defendant also has one maternal half-brother who lives in Brooklyn. Id. ¶ 32. The Defendant reported having a close relationship with his brother, who is aware of Defendant's conviction for the instant offense and remains supportive. Id.

Defendant reported completing the 10th grade at Thomas Jefferson High School in Brooklyn in approximately 2004, and attending I.S. 68 (Isaac Bildersee Intermediate School) from approximately 1997 to 2000. Id. ¶ 46. The high school closed in 2007, and a response for verification from its successor had not been received by Probation at the time of the Presentence Report. Id. As verified by I.S. 68 school officials, Defendant attended from July 1997 to October 1999, and from January 2000 to September 2000, and completed the 8th grade. Id. According to school officials, Defendant "was an 8th grade holdover. He went to 252 as an 8th grader." Id.

Since 2013, Defendant has been involved in a romantic relationship with Justine Jimenez. Id. ¶ 33. Ms. Jimenez resides in Brooklyn, is a student, and is financially supported by unemployment benefits. Id. Defendant and Ms. Jimenez have a daughter, Kali (age 2 at the time of the Presentence Report), who resides with Ms. Jimenez and is in good health. Id. Ms. Jimenez also has a 16-year-old daughter, Kiara, who resides with her father in Uniondale, New York. Id. Ms. Jimenez's son Darell was murdered in 2011. Id. Ms. Jimenez is aware of Defendant's conviction and remains supportive. Id. In a telephone interview with Probation, she advised that Defendant is a great father and family man, and she hopes that he will reside with her upon his release from custody. Id. However, Defendant does not have a stable residence history. Id. ¶ 34. He has resided with his mother, various family members, and Ms. Jimenez. Id.

Defendant admittedly has a history of substance abuse. Id. ¶¶ 42-43. He reported to Probation that he smoked marijuana for the first time when he was 13 years old and continued to smoked almost daily until he was 22 years old. Id. ¶ 42. He tried crack cocaine on two occasions. Id. ¶ 43. Defendant admitted to drinking alcohol for the first time at approximately16 years old and up until the time of his arrest for the instant offense. Id. ¶ 44. During periods of unemployment, Defendant would imbibe on a daily basis. Id. When employed, he would drink every other day. Id. According to the New York City Department of Community Supervision, Defendant attended the following substance abuse treatment programs: Willard Drug Treatment Center, Brooklyn; Narco Freedom, Queens, New York; St. Vincent's Services, Brooklyn, Daytop Village, Brooklyn; Center for Community Alternatives, Brooklyn; CIS Counseling Center, Brooklyn; and Com Alert, Brooklyn. Id. ¶ 45.

During periods of unemployment, from approximately 2010 through 2015, Defendant received public assistance benefits. Id. ¶ 50. He occasionally earned money by cutting hair for friends or family. Id. Defendant assisted his cousin, Nicole Santos, with caring for her two minor children. Id. He also assisted his cousin, William Santos, who is disabled from a gunshot wound, when his cousin's home health attendant was not working. Id. Defendant did not receive any compensation from his cousins for his assistance. Id. Defendant was employed for approximately two weeks as a utility worker for 4C Foods in Brooklyn before quitting for "personal reasons." Id. ¶ 49. Defendant was employed at Key Foods in Brooklyn from April 14, 2016 to May 4, 2016, up until his arrest for the instant offense. Id. ¶¶ 47-48.

In 2001, Defendant was arrested for the first time at the age of fourteen and was adjudicated a juvenile delinquent after a conviction for Robbery in the Second Degree. Id. ¶ 17. Over the next decade and a half, Defendant continued to violate the law. Id. ¶¶ 17-28. Defendant's adult criminal convictions include possession of a controlled substance, id. ¶ 18, sale of a controlled substance, id. ¶ 20, possession of a weapon, id. ¶ 19, attempted robbery, id. ¶ 21, and petit larceny, id. ¶ 22. Following his release from custody for attempted robbery in thethird degree, Defendant absconded from supervision twice, resulting in revocation of his parole. Id. ¶ 21.

B. The Need for the Sentence Imposed

The second § 3553(a) factor instructs the Court to consider "the need for the sentence imposed (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner." 18 U.S.C. § 3553(a)(2).

The Court's sentence punishes Defendant for violating federal law and is crafted to deter him and others from engaging in similar criminal activity in the future. The Court takes into account Defendant's substantial criminal history as well as his need for treatment for his persistent substance abuse.

C. The Kinds of Sentences Available

The third § 3553(a) factor requires the Court to detail "the kinds of sentences available" for Defendant. 18 U.S.C. § 3553(a)(3).

Defendant was convicted of one count of Felon in Possession of a Firearm, in violation of 18 U.S.C. § 922(g)(1), for which he faces a maximum term of imprisonment of 10 years. 18 U.S.C. § 924(a)(2). He also faces: up to 3 years of supervised release, 18 U.S.C. § 3583(b)(2); not less than 1 and no more than 5 years of probation, 18 U.S.C. § 3561(c)(1); a maximum fine of $250,000, 18 U.S.C. § 3571(b); and a mandatory special assessment of $100, 18 U.S.C. § 3013.

D. The Kinds of Sentence and the Sentencing Range Established For Defendant's Offense

The fourth § 3553(a) factor requires the Court to discuss "the kinds of sentence and the sentencing range established for . . . the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines." 18 U.S.C. § 3553(a)(4)(A).

Sentencing Guidelines § 2K2.1 applies to violations of 18 U.S.C. § 922(g)(1) and, because Defendant committed the instant offense subsequent to sustaining at least two "felony convictions of either a crime of violence or a controlled substance offense," the Guidelines set a base offense level of 24.¹ See United States Sentencing Commission, Guidelines Manual, § 2K2.1 & cmt. n.1; § 4B1.2 (Nov. 2016) ("USSG").

The parties disagree about whether Defendant's prior convictions should result in enhancements in Defendant's offense level. Of Defendant's prior felony convictions, the Government and Probation identify three which they...