Case Information
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!, , ) ! , T T T T7--.-,- . . - -.::>,-2 : .. ,-.; .--&jui , . L \ > * < A UNITED STATES DISTRICT COURT , : . .> :r. SOUTHERN DISTRICT OF NEW YORK . .-. ..-.--. ~-,. . ->., z .-:a: . -- I--.- ........................................ X , , -. -I -' UNITED STATES OF AMERICA 07 Cr. 1008-01 (RWS) - against - SENTENCING OPINION ABDUL RAHMAN ABDULLAH ASHUBI, Defendant Sweet, D.J.
On April 15, 2008, Abdul Rahman Abdullah Ashubi ("Ashubi" or "Defendant") appeared before the Honorable Debra C. Freeman and pleaded guilty to one count of conspiracy to commit food stamp fraud, in violation of 18 U.S.C. 5 371, one count of food stamp fraud, in violation of 7 U.S.C. 5 5 2016 and 2024(b) (l), and one count of theft/ernbezzlement of public money, in violation of 18 U.S.C. 5 641. For the reasons set forth below, Ashubi will be sentenced to 41 months' imprisonment and 3 years' supervised release on each count, with all terms to run concurrently. Ashubi also will be required to make restitution and pay a special assessment of $300. Prior Proceedings
*2 On August 3, 2007, a complaint was filed in the Southern District of New York against Ashubi, Zaid Abdul Homran ("Homran"), and Fouad Ali Saleh Mosleh ("Mosleh") , charging them with food stamp fraud, in violation of 7 U.S.C. S 2024. On August 6, 2007, Ashubi was arrested pursuant to a warrant issued August 3, 2007. On October 31, 2007, Indictment 07 Cr 1008 was filed against Ashubi. Count I charged that from January 2006 through July 2007, in the Southern District of New York and elsewhere, Ashubi and others conspired to transfer, acquire, and alter authorization cards and access devices with a value of more than $5,000 in a manner contrary to 7 U.S.C. § 2024(b)(l), in violation of 18 U.S.C. § 371. Count I1 charged that from January 2006 through July 2007, in the Southern District of New York and elsewhere, Ashubi exchanged customers' food stamp benefits for cash at his Bashar Deli in exchange for a share of the cash proceeds, in violation of 7 U.S.C. §S 2016 and 2024(b) (1) and 7 C.F.R. § 278.2. Count I11 charged that from January 2006 through July 2007, in the Southern District of New York and elsewhere, without having authority, Ashubi converted for his own personal use property of the United States Department of Agriculture (the "USDA"), in violation of 18 U.S.C. SS 641 and 642.
On April 15, 2008, Ashubi pleaded guilty to his criminal conduct as charged. Sentencing is scheduled for October