Marc Willems
Marc Willems
Marc Willems
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STEPHANIE YONEKURA
Acting United States Attorney
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
DAFFODIL TYMINSKI (Cal. Bar No. 243680)
Assistant United States Attorney
OCDETF Section
1400 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-0917
Facsimile: (213) 894-0142
E-mail: Daffodil.Tyminski@usdoj.gov
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Plaintiff,
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v.
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Defendant.
No. CR 11-1137-DMG
GOVERNMENTS POSITION WITH RESPECT
TO SENTENCING FACTORS
Hearing Date: December 10, 2014
Hearing Time: 4:00 p.m.
Location:
Courtroom of the
Hon. Dolly M. Gee
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of points and authorities, the files and records in this case, and
Respectfully submitted,
STEPHANIE YONEKURA
Acting United States Attorney
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ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
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/s/
DAFFODIL TYMINSKI
Assistant United States Attorney
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INTRODUCTION
On September 2, 2014, pursuant to a plea agreement, defendant
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offense.
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(PSR 85-89.)
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The parties
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parties agree that the government may agree to argue for (1) a two-
Finally, the
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(Id.)
history, the government submits that defendant does not the criteria
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In the PSR, the USPO, finds that the agreed-to factors in the
plea agreement apply in this case, and concludes that additional
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for an adjusted offense level of 40, and a total offense level (after
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acceptance) of 37.
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the PSR, and as set forth below, submits there is ample evidence of
defendants role in the offense to support that aggravating role and
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USPO that no basis exists for any downward departure in this case.
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case, the government submits that, under the principle of lenity, the
aggravating role:
U.S.S.G. 2D1.1(c)(1)
U.S.S.G. 2S1.1(a)(1)
U.S.S.G. 2D1.1(b)(7)
U.S.S.G. 2S1.1(b)(2)(B)
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Aggravating Role
U.S.S.G. 3E1.1
+2
Acceptance of Responsibility
U.S.S.G. 3E1.1
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+2
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II.
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as noted above, the government believes that defendant was one of the
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The government
two major organizer and leader of this conspiracy, the facts of which
the factual basis of the plea agreement, defendant does not dispute
this conduct, and admits that he was active in orchestrating both the
Appendix.)
conspiracy in this case began in 2006 and ran for many years.
Based on
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Defendant only curtailed his involvement in the last two years of the
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conspiracy, and even during that time, profited from the scheme.
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with law enforcement upon his arrest, and took responsibility for his
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conduct.
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It is a serious offense.
committing future crimes and protect the public from any future
that, pursuant to the United States treaty with The Netherlands, his
III. CONCLUSION
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STEPHANIE YONEKURA
United States Attorney
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Respectfully submitted,
ROBERT E. DUGDALE
Assistant United States Attorney
Chief, Criminal Division
/s/
DAFFODIL TYMINSKI
Assistant United States Attorney
Attorneys for Plaintiff
UNITED STATES OF AMERICA
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