Download Weiner Sentencing Guidelines PDF

TitleWeiner Sentencing Guidelines
TagsGovernment Probation Sentence (Law) Plea Bargain United States Federal Sentencing Guidelines
File Size132.2 KB
Total Pages11
Document Text Contents
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK



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UNITED STATES OF AMERICA


- v. -


ANTHONY WEINER,

Defendant.


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:






17 Cr. 307 (DLC)



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GOVERNMENT’S SENTENCING MEMORANDUM










JOON H. KIM
Acting United States Attorney
Southern District of New York
Attorney for the United States of America





Amanda Kramer
Stephanie Lake
Assistant United States Attorneys
- Of Counsel -

Case 1:17-cr-00307-DLC Document 31 Filed 09/20/17 Page 1 of 11

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK



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UNITED STATES OF AMERICA


- v. -


ANTHONY WEINER,

Defendant.


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:

:

:






17 Cr. 307 (DLC)



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GOVERNMENT’S SENTENCING MEMORANDUM

The Government respectfully submits this memorandum in connection with the

sentencing of Anthony Weiner, which is scheduled for September 25, 2017, following his guilty

plea to transferring obscene material to a minor. Although the defendant’s self-destructive path

from United States Congressman to felon is indisputably sad, his crime is serious and his

demonstrated need for deterrence is real. The non-custodial sentence that Weiner proposes is

simply inadequate; his crime deserves time in prison. For the reasons set forth below, the

Government respectfully requests that Court sentence Weiner to a term of imprisonment within

the range of 21 to 27 months.

BACKGROUND

I. Offense Conduct

In the evening of January 23, 2016, a 15-year-old girl (the “Minor Victim”) initiated

contact with the defendant by sending him a direct message on Twitter. (PSR ¶ 6). Over the next

several hours, the Minor Victim and Weiner exchanged a series of messages, ranging from the

mundane to the provocative. Early in the exchange, the Minor Victim revealed to Weiner that

she was in high school. (PSR ¶ 6). Despite knowing he was communicating with a high school

student, Weiner participated in increasingly suggestive exchanges, telling the Minor Victim,

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• Pursuant to U.S.S.G. § 2G3.1(c), because the offense involved receiving and possessing
material involving the sexual exploitation of a minor, U.S.S.G. § 2G2.2 applies. (PSR
¶¶ 3, 29).


• Pursuant to U.S.S.G. § 2G2.2(c), because the offense involved causing a minor to engage

in sexually explicit conduct for the purpose of producing a visual depiction of such
conduct and for the purpose of transmitting a live visual depiction of such conduct, and
because the offense level under U.S.S.G. § 2G2.1 is greater than the offense level under
U.S.S.G. § 2G2.2, U.S.S.G. § 2G2.1 applies. (PSR ¶¶ 3, 29).


• Pursuant to U.S.S.G. § 2G2.1(a), the base offense level is 32. (PSR ¶¶ 3, 29).


• Pursuant to U.S.S.G. § 2G2.1(b)(1)(B), because the offense involved a minor who had
attained the age of twelve years but not yet attained the age of sixteen years, the base
offense level was increased by two levels. (PSR ¶¶ 3, 30).


• Pursuant to U.S.S.G. § 2G2.1(b)(6)(B)(i), because the offense involved the use of a
computer or interactive computer service, the base offense level was increased by two
levels. (PSR ¶¶ 3, 31).


The total offense level of 36 is then reduced by three levels because the defendant accepted

responsibility for his crime and provided timely notice of his intention to plead guilty to the

Government. (PSR ¶¶ 3, 35-38).

Because the defendant has no criminal history points, he is in Criminal History Category

I. (PSR ¶¶ 3, 42). With an offense level of 33, the resulting Guidelines range would be 135 to

168 months’ imprisonment, but for the statutory maximum of 120 months’ imprisonment. (PSR

¶¶ 3, 93). Thus, the Stipulated Guidelines Range and the range calculated by the Probation

Office is 120 months’ imprisonment. (PSR ¶¶ 3, 93). The plea agreement also provides that in

light of the specific circumstances of the offense conduct in this case and because the

substantially-increased Guidelines range results from the cross-reference to other sections of the

Guidelines, the Government agreed that a sentence within the range of 21 to 27 months’

imprisonment (which would be the applicable Guidelines range without application of the cross-

references) would be fair and appropriate under the specific circumstances of this case. (PSR

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¶¶ 3, 94). The Probation Office recommends a sentence of 27 months’ imprisonment. (PSR at

31, Sentencing Recommendation).

DISCUSSION

I. Applicable Law

As the Court is well aware, the Sentencing Guidelines still provide strong guidance to

sentencing courts following United States v. Booker, 543 U.S. 220 (2005), and United States v.

Crosby, 397 F.3d 103 (2d Cir. 2005). District courts must treat the Guidelines as the “starting

point and the initial benchmark” in sentencing proceedings. Id. at 49. After that calculation,

however, the Court must consider the seven factors outlined in Title 18, United States Code,

Section 3553(a), which include the nature and circumstances of the offense, the history and

characteristics of the defendant, the need for the sentence to reflect the seriousness of the

offense, adequately deter criminal conduct, and promote respect for the law, the need to protect

the public from further crimes of the defendant, and the need to provide the defendant with

needed correctional treatment in the most effective manner. Id. at 50 & n.6; see also 18 U.S.C. §

3553(a).

II. A Sentence Within the Range of 21-27 Months is Warranted

The seriousness of the conduct and the need for deterrence warrant a custodial sentence

within the range of 21 to 27 months’ imprisonment. Such a sentence would, in the

Government’s view, fully and fairly take into account the § 3553(a) factors. Such a sentence – in

the face of an otherwise applicable Guidelines range of 10 years – would also more than

adequately account for mitigating considerations addressed in the defendant’s sentencing

submission filed on September 13, 2017 (“Def. Mem.”), including the lack of evidence that the

defendant attempted to meet the Minor Victim or to seek out other minors, and the fact that none

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today.” Id. Notwithstanding that he obviously grasped the importance of protecting minors from

predatory conduct on the Internet, the defendant readily engaged in extensive, inappropriate

communications with the Minor Victim. With that depth of awareness, the fact that the

defendant engaged in the instant conduct suggests a dangerous level of denial and lack of self-

control warranting a meaningful incarceratory sentence.

As Weiner knew full well, the law unequivocally prohibits the online sexual exploitation

of minors, no matter the app used to commit the crime or the apparent sophistication or

motivation of the young teenager on the other end. The law must be respected to protect other

teens from falling prey to the same conduct. The non-custodial sentence that the defendant

requests would undercut this principle. A sentence within the range of 21 to 27 months would,

by contrast, promote respect for the law and serve as a deterrent to others who are considering a

path similar to that trodden by the defendant.

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CONCLUSION

For the reasons set forth above, the Government respectfully submits that a sentence of

imprisonment of 21 to 27 months is fair, appropriate, and necessary.

Dated: New York, New York
September 20, 2017

cc: Arlo Devlin-Brown, Esq.
Erin Monju, Esq.

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