Silvers v. Google, Inc.

Filing 163

Sealed Document. (rb)

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Silvers v. Google, Inc. Doc. 163 1 2 3 4 5 6 UNITED STATES OF AMERICA, 7 8 9 10 11 12 13 14 Originally arrested on state charges, this defendant was 15 indicted 16 authorities on July 7, 2006. 17 4, 2006 to the one-count Superseding Information charging him with 18 receipt of child pornography, in violation of 18 U.S.C. § 2252 19 (a)(2). 20 United States and the defendant jointly recommend that the Court 21 impose a sentence within the advisory guideline range. 22 Memorandum is intended to present reasons for the Court to follow 23 this joint recommendation. 24 25 26 Prior to the recent Supreme Court decision in United States v. 27 Booker,125 S. Ct. 738 (2005), the Federal Sentencing Guidelines 28 1 Dockets.Justia.com UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 06-14033-CR-MOORE/LYNCH (s) ) ) Plaintiff, ) ) v. ) ) NORMAN ALLAN LAVOIE, ) ) Defendant. ) ______________________________) DEFENDANT'S SENTENCING MEMORANDUM I BACKGROUND by a federal grand jury and arrested by federal He entered a guilty plea on December There is a written Plea Agreement in the case wherein the This II FACTORS UNDER U.S.C. § 3553(a) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 were mandatory in nature, based on the instructions set forth in 18 U.S.C. §3553(b). Although departures below the guideline range were permissible in some instances, in practice, departures, with the exception of departures for Substantial Assistance [see The U.S.S.G. §5K1.1], were rare and were expected to be rare. remedial portion of the Booker decision, however, excised §3553(b) from the United States Code, thus rendering the guidelines just one of the factors to be considered in formulating a just and appropriate sentence that is "sufficient, but not greater than necessary, to comply with the purposes of sentencing set forth in paragraph (a)(2)" . 18 U.S.C. 3553 (a) states: a) Factors to be considered in imposing a sentence.--The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider­ (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed-(A) to reflect the seriousness of the offense, to promote 18 19 20 respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; ©) to protect the public from further crimes of the 21 22 23 24 25 26 27 28 defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the kinds of sentence and the sentencing range established for-(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines... 2 1 2 3 4 5 6 7 8 9 10 (5) any pertinent policy statement (6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct. It is the defendant's position that a sentence at the low end of the advisory guideline range, to wit, imprisonment for 135 months, is "sufficient, but not greater than necessary, to comply with the purposes of sentencing". This argument is based on the evidence that has been presented in the PSR about the defendant's mental and emotional history and condition (paragraphs 51 through 11 54) along with the psychological evaluation of Edward S. 12 Sczechowicz, Ph.D., which is attached hereto. 13 14 15 16 17 18 19 20 21 22 23 Furthermore, based upon the defendant's long history of 24 25 26 27 28 3 alcohol abuse ( see PSR paragraph 55), he requests a judicial recommendation that he be allowed to participate in the 500 hour RDAP program offered by the Federal Bureau of Prisons. of the circumstances it would appear that this defendant has been suffering from severe mental and emotional problems for many years, essentially untreated. While a lengthy prison sentence is From the totality certainly in order, some consideration should be paid to the root causes of defendant's behavior with an eye toward some form of treatment. The defendant will be asking the Court for a judicial recommendation to the Bureau of Prisons that he be considered for placement in the Sexual Addiction Program at FCI Butner (North Carolina). 1 2 3 4 III LETTERS OF RECOMMENDATION Attached for the Court's consideration are letters from the defendant's parents, as well as friends and members of his church. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 By /s/__Alan Baum ALAN R. BAUM 20700 Ventura Blvd., Suite 301 Woodland Hills, CA 91364 Tel: (818) 313-6870 Fax: (818) 313-6871 Alan.baum@emailcda.com Attorney for Defendant NORMAN ALLAN LAVOIE Respectfully submitted, CRIMINAL DEFENSE ASSOCIATES 1 2 3 4 5 6 7 SERVICE I HEREBY CERTIFY that on this 28th day of February, 2007, I electronically filed the foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being served on all counsel of record identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 SERVICE LIST Case No. 06-14044-CR-Moore United States District Court, Southern District of Florida Diana Acosta, Asst. U.S. Attorney Diana.acosta@usdoj.gov receive electronically Notices of Electronic Filing. s/ Bruce Alter BRUCE ALTER /

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