Opinion
No. 00 Cr. 721 (RWS).
December 12, 2000.
SENTENCING OPINION
Defendant Michael Snell ("Snell") pled guilty on September 11, 2000, to conspiracy to commit identification document fraud in violation of 18 U.S.C. § 371. For the reasons set forth below, and subject to the hearing now set for December 13, 2000, Snell will be sentenced to three years' probation. Pursuant to 18 U.S.C. § 3013, a special assessment of $100.00 is mandatory.
The Guidelines
The Presentence Investigation Report (the "Presentence Report") prepared by the U.S. Probation Office (the "Probation Office") grades Snell's offense conduct under the United States Sentencing Guidelines (the "Guidelines") at a total offense level of 8, after a two-level increase because the offense involved more than minimal planning, see Guidelines § 2F1.1(b)(2)(A), a two-level increase because the defendant was in a position of public trust, see Guidlines § 3B1.3, and a two-level decrease for acceptance of responsibility, see Guidelines § 3E1.1(a). The Presentence Report assigns Snell a criminal history category of I.
The Guidelines provide for a sentence of between 0 and 6 months. See Sentencing Table. The statutory maximum term of imprisonment is five years. See 18 U.S.C. § 371. Probation is permitted under the Guidelines because the applicable guidelines range is in Zone A of the Sentencing Table, see Guidelines § 5B1.1(a)(1), and such probation must be for at least one year but not more than five years, see Guidelines § 5B1.2(a)(1) and 18 U.S.C. § 3561(c)(1). Because the offense is a felony, one of the following must be imposed as a condition of probation unless extraordinary circumstances exist: a fine, restitution, or community service. See 18 U.S.C. § 3563(a)(2).
Snell has requested, and the Probation Office has recommended, a sentence of probation.
The Sentence
Pursuant to 18 U.S.C. § 371 and 3561(c)(1) and Guidelines §§ 5B1.1(a)(1) and 5B1.2(a)(1), Snell will be sentenced to three years' probation. As conditions of his probation, Snell shall, for the term of such probation: (1) abide by the thirteen standard conditions of supervision set out in Guidelines § 5B1.4 (a)(1)-(13); (2) not commit another federal, state, or local crime; (3) not illegally possess a controlled substance; (4) not possess a firearm or destructive device. The mandatory drug condition is suspended based on the Court's determination that Snell poses a low risk of future substance abuse. In addition, the following special condition shall be imposed: Snell shall perform 100 hours of community service as directed by the probation officer. Snell is to report to the nearest Probation Office within 72 hours of release from custody. Supervision shall be by the district of Snell's residency. Snell shall also pay to the United States the mandatory special assessment of $100.00, which shall be due immediately.
This sentence is subject to further hearing on December 13, 2000.
It is so ordered.