United States v. Tesillos

965 F. Supp. 2d 1037, 2013 WL 4736211, 2013 U.S. Dist. LEXIS 125811
CourtDistrict Court, E.D. Wisconsin
DecidedSeptember 4, 2013
DocketCase No. 13-CR-086
StatusPublished

This text of 965 F. Supp. 2d 1037 (United States v. Tesillos) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Tesillos, 965 F. Supp. 2d 1037, 2013 WL 4736211, 2013 U.S. Dist. LEXIS 125811 (E.D. Wis. 2013).

Opinion

SENTENCING MEMORANDUM

LYNN ADELMAN, District Judge.

Defendant Miguel Tesillos pleaded guilty to counterfeiting a permanent resident card, contrary to 18 U.S.C. § 1546, and I set the case for sentencing. In imposing sentence, the district court is required to follow a two-step procedure. First, it must calculate the defendant’s sentencing range under the advisory guidelines. United States v. Boroczk, 705 F.3d 616, 622 (7th Cir.2013). Second, the court must hear the arguments of the parties and make an individualized assessment of the appropriate sentence based on all of the factors set forth in 18 U.S.C. § 3553(a). Id.

I. GUIDELINES

Defendant’s pre-sentence report (“PSR”) set a base offense level of 11 under U.S.S.G. ■§ 2L2.1(a), added 9 levels because the offense involved more than 100 documents, U.S.S.G. § 2L2.1(b)(2)(C), then subtracted 3 levels for acceptance of responsibility, U.S.S.G. § 3E1.1, for a final level of 17. Because defendant had no prior record, the PSR set his criminal history category at I, for an imprisonment range of 24-30 months. I adopted the PSR’s calculations without objection.

II. SECTION 3553(a)

Defendant requested a sentence of time-served (about 4 months), while the government advocated a term at the low end of the range. On consideration of the parties’ arguments and the § 3553(a) factors, I found a sentence of 8 months appropriate. This memorandum sets forth the reasons.

A. Section 3553(a) Factors

Section 3553(a) requires the court to 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 respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes of the 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 [advisory] sentencing [guideline] range[;]
(5) any pertinent policy statement ... issued by the Sentencing Commission^]
(6) the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense.

18 U.S.C. § 3553(a). After considering these factors, the court must “impose a sentence sufficient, but not greater than necessary, to comply with the purposes set [1039]*1039forth in paragraph (2) of this subsection.” Id. While the guidelines serve as the starting point in making this determination, Gall v. United States, 552 U.S. 38, 49, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007), the district court may not presume that a guideline sentence is the correct one, Nelson v. United States, 555 U.S. 350, 352, 129 S.Ct. 890, 172 L.Ed.2d 719 (2009).

B. Analysis

1. The Offense

This case involved defendant’s production and sale of counterfeit identification and immigration documents. On March 18, 2013, defendant agreed to sell a cooperating source (“CS”) a fraudulent permanent resident card and social security card. Defendant met the CS in a store parking lot to facilitate the sale of the fraudulent documents. The CS provided defendant the name of “Pedro Sanchez,” which was to be used on the fraudulent documents, and defendant took a photo of the CS for use on the cards. Defendant left the CS a short time later and drove to his residence in order to produce the fraudulent documents using computer and printing equipment he had in the residence. Approximately thirty minutes later, defendant left his residence and met the CS at another location, where he delivered a fraudulent permanent resident card and social security card in exchange for a payment of $160. Defendant used the photograph he took of the CS on the fraudulent card.

On April 11, 2013, defendant agreed to sell a different CS three fraudulent social security cards, two fraudulent permanent resident cards, and a State of Wisconsin driver’s license for $480. The CS provided defendant a sheet of paper with three photographs and fictitious biographical information for use on the documents. As with the previous transaction, defendant returned to his residence to produce the fraudulent documents, then met up with the CS to complete the transaction.

On April 25, 2013, agents executed a federal search warrant at defendant’s residence, seizing an assortment of computer, camera, scanning, electronic storage, and printing equipment used by defendant to produce counterfeit identification documents. During a search of the computer seized from the residence, agents discovered approximately 300 individual head-shot photographs, which were consistent with the type of photographs used to manufacture the fraudulent documents.

In his statement to the PSR writer, defendant explained that he had lost his job and was looking for income. He met an associate who told him about the ability to make money by producing false documents for immigrants so they could find work in the country. At first, the associate paid defendant to deliver false documents. Later, another associate who was making documents sold his computer equipment to defendant, and defendant decided to get into the business of making false documents himself. While he rationalized that he was helping people get employment, he was doing it for profit and to support himself, his girlfriend, and her children.

2. The Defendant

Defendant was thirty-four years old, with no prior criminal record. Born in Mexico, he came to the United States at the age of eighteen to work. He obtained a false social security card and worked under an alias. His parents were deceased, and his only remaining relative in Mexico appeared to be his brother, who lived in Mexico City and with whom defendant had little contact.

Defendant married in 2003 in the United States, but they separated after just five months of marriage. They never formally [1040]*1040divorced, and defendant’s last contact with her was in 2006. They had no children. Defendant was in a six year relationship with another woman prior his arrest in this case. She had three children with whom defendant was close, ages ten, seven, and six. However, she had apparently declined to continue their relationship following defendant’s arrest.

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Related

Kimbrough v. United States
552 U.S. 85 (Supreme Court, 2007)
Gall v. United States
552 U.S. 38 (Supreme Court, 2007)
Nelson v. United States
555 U.S. 350 (Supreme Court, 2009)
United States v. Reyes-Hernandez
624 F.3d 405 (Seventh Circuit, 2010)
United States v. Francisco Castillo
695 F.3d 672 (Seventh Circuit, 2012)
United States v. Darrick Boroczk
705 F.3d 616 (Seventh Circuit, 2013)
United States v. Ferreria
239 F. Supp. 2d 849 (E.D. Wisconsin, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
965 F. Supp. 2d 1037, 2013 WL 4736211, 2013 U.S. Dist. LEXIS 125811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-tesillos-wied-2013.