United States v. Almazan

908 F. Supp. 2d 963, 2012 WL 6019281, 2012 U.S. Dist. LEXIS 170865
CourtDistrict Court, N.D. Iowa
DecidedDecember 3, 2012
DocketNo. CR12-4021-MWB
StatusPublished

This text of 908 F. Supp. 2d 963 (United States v. Almazan) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Almazan, 908 F. Supp. 2d 963, 2012 WL 6019281, 2012 U.S. Dist. LEXIS 170865 (N.D. Iowa 2012).

Opinion

MEMORANDUM OPINION AND ORDER REGARDING SENTENCING

MARK W. BENNETT, District Judge.

TABLE OF CONTENTS

I. INTRODUCTION........................................................965

A. The Charges and Trial...............................................965

B. Offense Conduct.....................................................965

C. Almazan’s Personal Characteristics......................:............966

D. Almazan’s Sentencing ...............................................966

[965]*965II. LEGAL ANALYSIS........................................ 967

A. The Methodology For Determination Of A Sentence....... 967
B. Application Of The Methodology To Almazan............. 967

1. Step 1: Determination of the guideline range......... 967

2. Step 2: Determination of whether to depart.......... 968

3. Prior policy objections to child pornography guidelines 969

4. Step 3: Application of § 3553(a) factors.............. 970

a. The nature and circumstances of the offense...... 971

b. Almazan’s history and characteristics ........... 972

c. The need for the sentence imposed............... 974

d. The kinds of sentences available ................ 975

e. Any pertinent policy statement.................. 975

f. The need to avoid unwarranted disparities....... 975

g. The need to provide restitution.................. 976

h. Summary of § 3553(a) factors................... 976

III. CONCLUSION................... 976

Defendant Jaime Almazan came before me for sentencing on November 30, 2012, after being convicted by a jury of producing child pornography, in violation of 18 U.S.C. §§ 2251(a) and 2251(e). I previously categorically rejected one child pornography sentencing guideline, U.S.S.G. § 2G2.2, in United States v. Beiermann, 599 F.Supp.2d 1087 (N.D.Iowa 2009), and another, U.S.S.G. § 2G2.1, in United States v. Jacob, 631 F.Supp.2d 1099 (N.D.Iowa 2009). Almazan moved for a downward variance from his advisory guideline sentencing range based ón “the nature and circumstances of the offense and the history and characteristics of this particular defendant.” Defendant’s Br. at 2. Almazan argued that the advisory guideline sentencing range in this case is excessive under 18 U.S.C. § 3553(a), and requested that I vary down to the statutory mandatory minimum sentence of 180 months imprisonment. While I continue to conclude that U.S.S.G. § 2G2.1 can be rejected on categorical policy grounds, in considering the seriousness and circumstances of Almazan’s crime, I did not find that application of that guideline, here, yields an excessive sentence, but concluded that a sentence within the advisory guideline sentence range was “sufficient, but not greater than necessary” to accomplish the goals of sentencing, in light of all of the pertinent factors. See 18 U.S.C. § 3553(a). Accordingly, I denied Almazan’s motion for a downward variance. I now enter this written explanation of my rationale for a sentence tailored to Almar zan’s circumstances in light of the applicable guidelines and 18 U.S.C. § 3553(a) factors. Unfortunately for Jamie Almazan, this resulted in a sentence at the statutory maximum of 360 months.

I. INTRODUCTION
A. The Charges and Trial

In a single-count Indictment returned on February 23, 2012, defendant Jaime Almazan was charged with producing child pornography, in violation of 18 U.S.C. §§ 2251(a) and 2251(e). Trial commenced on September 21, 2012. On September 24, 2012, the jury returned a verdict in which it found Almazan guilty of the charged offense. They did so in the quickest verdict I have ever had as a federal district court judge-less than 20 minutes.

B. Offense Conduct

Between July 2011 and October 2011, Almazan, who was 45-46 years old, engaged in a sexual relationship with his 12-13 year old niece, A.E. Almazan lived in the same Storm Lake, Iowa, residence as [966]*966A.E., along with M.C. (Almazan’s sister and A.E.’s mother), A.E.S. (A.E.’s father), A.E.J. (A.E.’s 19 year old brother), and S.E. (A.E.J.’s wife). Almazan performed sex acts on A.E. on several occasions. Using his Apple iPhone, Almazan photographed A.E.’s naked genitalia, and made a video of himself performing oral sex on A.E. in his bedroom. Almazan also requested A.E. to take photographs of her genitalia using his iPhone. In response, A.E. photographed her genital area while she was wearing underwear. Almazan coerced A.E.’s participation in these events through threats against her and her family, and by threatening to distribute the photographs by placing them on the internet.

Almazan’s actions were discovered by A.E.J. on October 11, 2011. Almazan had previously asked A.E.J. to install software that would permit Almazan to save files to a secure location which would only be accessible to Almazan. On October 11, 2011, Almazan asked A.E.J. to save music on Almazan’s iPhone. While doing this, A.E.J. synched his own laptop computer with Almazan’s iPhone, causing files from the iPhone to download onto the laptop. After this process was completed, A.E.J. found sexually explicit photographs of A.E. on his laptop that had been copied from the iPhone. Agents from the Iowa Department of Criminal Investigation (“DCI”) subsequently examined Almazan’s iPhone. The DCI agents found a secured folder insider the iPhone containing two copies of the video showing Almazan performing oral sex on A.E., and photograph’s of A.E.’s genital region, both clothed and unclothed.

C. Almazan’s Personal Characteristics

This description of Almazan’s personal characteristics is drawn from the Presentence Investigation Report (“PSIR”).

Almazan is a 47 year old citizen of Mexico. He grew up in Mexico, one of eleven children, where his father is an electrician and his mother a housewife. He completed nine years of school in Mexico. He is a permanent resident alien, having entered the United States in 1988. He initially lived in North Carolina and worked as a farmhand in the tobacco industry. He subsequently moved for employment several times.

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Cite This Page — Counsel Stack

Bluebook (online)
908 F. Supp. 2d 963, 2012 WL 6019281, 2012 U.S. Dist. LEXIS 170865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-almazan-iand-2012.