United States v. Vargas
1:11-cr-00240
S.D.N.Y.Feb 2, 2012Background
- Vargas pleaded guilty to counts 1–4 of the indictment in SDNY case 11 Cr. 240.
- Court grouped bank fraud and money laundering counts for guideline calculations; offense level determined by highest group level.
- Defendant’s plea agreement and allocution informed the Guidelines calculation and acceptance of responsibility reductions.
- Court adopted the PSR facts regarding the underlying conduct, including a $100,000 Citibank fraud scheme.
- Judgment imposed time served with 3 years’ supervised release, 1 year home confinement, $100,000 restitution to Citibank, and a $400 special assessment.
- Court waived a fine due to the defendant’s inability to pay under § 3552(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Guideline level and sentencing range calculation | N/A | N/A | Guidelines yield a total offense level of 14 and Criminal History I |
| Whether a downward departure is warranted | N/A | N/A | Downward departure under Kimbrough warranted to satisfy § 3553(a) restitution goals |
| Restitution and payment terms | N/A | N/A | Restitution fixed at $100,000 to Citibank; fine waived due to inability to pay; special assessment $400 due |
| Supervised release and home confinement | N/A | N/A | Time served with 3 years’ supervised release, 1 year of home confinement; reporting and standard conditions imposed |
| Restitution and forfeiture considerations | N/A | N/A | Restitution and forfeiture of proceeds consistent with 21 U.S.C. § 853 and related provisions |
Key Cases Cited
- United States v. Booker, 543 U.S. 220 (U.S. 2005) (mandatory guidelines advisory after Booker (Booker framework))
- United States v. Crosby, 397 F.3d 103 (2d Cir. 2005) (Second Circuit on 3553(a) and Booker considerations)
- Kimbrough v. United States, 552 U.S. 85 (U.S. 2007) (scope of sentence disparity and policy-based variances under 3553(a))