Sentencing Memorandum by Roxanne Nazir — USA v. Sanders et al. (Dkt. 213)

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U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 213 · 2025-01-30 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF MISSOURI 
WESTERN DIVISION 
 
 
 
UNITED STATES OF AMERICA 
) 
) 
 
 
Plaintiff, 
 
) 
) 
 
 
v. 
 
) 
) 
) 
Case No. 4:24-CR-00029-BP 
 
ROXANNE NAZIR 
) 
) 
 
Defendant. 
) 
 
 
 
DEFENDANT’S 18 U.S.C. § 3553 SENTENCING MEMORANDUM 
Comes now the defendant, Roxanne Nazir, by and through counsel, Matthew T. 
Merryman, and respectfully moves this Court to consider a non-guideline sentence in this case 
and sentence Ms. Nazir to a sentence that reflects the factors outlined in 18 U.S.C. 
§ 3553(a)(2)(A)–(D). 
PROCEDURAL HISTORY 
 
On October 3, 2024, Ms. Nazir appeared before this Court and changed her plea to guilty 
on Count VI of the Indictment. On December 27, 2024 the Presentence Investigation Report 
(“PSR”) was filed with this Court. Ms. Nazir’s sentencing is scheduled on February 12, 2025. 
SUGGESTIONS SUPPORTING SENTENCE 
In imposing any sentence, 18 U.S.C. § 3553 generally directs that the Court shall impose 
a sentence sufficient, but not greater than necessary. Among the factors for the Court to consider 
are the nature and circumstances of the offense, the history and characteristics of the defendant, 
the need to reflect the seriousness of the offense, promote respect for the law, provide just 
punishment, afford an adequate deterrence to criminal conduct, to protect the public from further 
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crimes of the defendant, and to avoid unwarranted disparities in similar defendants convicted of 
similar conduct. See 18 U.S.C. § 3553(a).     
The advisory sentencing guidelines are one of several factors for the Court to consider, 
but a district court may not begin with the presumption that those guidelines are reasonable. 
United States v. Alvizo-Trujillo, 521 F.3d 1015, 1018–1019 (8th Cir.2008) (citing United States v. 
Gall, 128 S. Ct. 586, 596–597 (2007) and United States v. Rita, 127 S. Ct. 2456 (2007)).   
INTRODUCTION 
The criteria enumerated at 18 U.S.C. § 3553(a) constitute the controlling framework for 
sentencing. United States v. Booker, 543 U.S. 220 (2005). 18 U.S.C. § 3553(a)(2)(A)–(D) 
identify the factors to be considered in imposing a sentence as needing: 
A. to reflect the seriousness of the offense, to promote respect for the law, to provide just 
punishment for the offense; 
B. to afford adequate deterrence to criminal conduct; 
C. to protect the public from further crimes of Ms. Nazir; and 
D. to provide Ms. Nazir with educational or vocational training, medical care, or other 
correctional treatment in the most effective manner, (A-D), 
Other sentencing factors found in 18 U.S.C. § 3553 include: the kinds of sentences 
available; the sentencing guideline range; the sentencing policy statements; the need to avoid 
unwarranted sentence disparity; and the need to provide restitution. 
The overarching provision of this framework that guides the district court’s evaluation of 
an appropriate sentence is limiting: the court must impose a sentence that is “sufficient, but not 
greater than necessary” to satisfy the statutory goals of sentencing. Dean v. United States, 137 
S.Ct.1170, 1175 (2017); Kimbrough v. United States, 552 U.S. 85, 101 (2007). The parsimony 
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principle operates to set an independent limit on the sentence a court may impose. See United 
States v. Defoor, 535 F.3d 763, 764 (8th Cir. 2008) (parsimony doctrine provides that “sentence 
imposed should be the least severe sanction necessary to achieve the purpose of sentencing); 
United States v. Martinez-Garragan, 545 F.3d 894, 904 (10th Cir. 2008) (parsimony principle 
guides review of sentencing factors). 
HISTORY AND CHARACTERISTICS OF MS. NAZIR 
As detailed in the PSR, Ms. Nazir is a 39-year-old resident of Grand Prairie, Texas and 
the mother of two children. Ms. Nazir has significansit ties to her community including her 
children and her elderly mother for whom she provides care. Ms. Nazir has no substance abuse 
issues or criminal history beyond traffic related offenses. 
In April 2021, Ms. Nazir defrauded the Governement out of $20,830 by means of 
applying for a PPP loan for which she was not entitled. Ms. Nazir was aware that the funds 
represented the proceeds of illegal activity and she used those funds for personal gain.   
Since this incident, Ms. Nazir has worked hard to focus on her strengths. Ms. Nazir has 
endeavored to maintain her current employment at Right at Home Healthcare in Arlington, Texas 
where she has worked since July 18, 2017. Ms. Nazir continues to be a mother and daughter as 
she prepares for this next chapter of her life. 
According to the PSI, Roxanne’s sentencing guideline range is 0–6 months and she is 
eligible for 1 to 5 years probation. According to the PSI, a probation sentence is generally 
appropriate for Ms. Nazir. 
Prior to this offense, Roxanne had only been charged with traffic related offenses. 
Roxanne requests this Court to consider a sentence that gives her an opportunity to prove that she 
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is rehabilitated and capable of continuing to be a successful member of her community and 
society without further incarceration. 
TO REFLECT THE SERIOUSNESS OF THE OFFENSE, 
TO PROMOTE RESPECT FOR THE LAW, 
TO PROVIDE JUST PUNISHMENT FOR THE OFFENSE 
 
Ms. Nazir pled guilty to the Class C felony of Wire Fraud. Ms. Nazir faces a significant 
penalty in this case. The United States of America and our collective society consider this to be a 
serious offense and Ms. Nazir has taken full and complete responsibility for her actions in this 
matter before this Court and her community.  
An appropriate sentence will reflect the seriousness of the offense, promote respect for 
the law and provide just punishment for the offense. As stated above, Ms. Nazir has taken full 
and complete responsibility for her actions. Ms. Nazir is genuinely remorseful for her actions. 
Ms. Nazir has promoted respect for the law by accepting responsibility for her actions and timely 
notifying the government of her intentions to plead guilty and by working with the Government 
to plea to an Information. Further incarceration of Ms. Nazir will not provide just punishment for 
an individual fully committed to rehabilitating herself and those she has harmed. A probation 
sentence can accomplish the goal of deterrence. Studies have shown that “long sentences have 
little marginal effect on crime reduction through either deterrence of incapacitation.” National 
Research Council, J. Travis, et al., The Growth of Incarceration in the United States: Exploring 
Causes and Consequences 345 (2014). Instead, long sentences incur substantial costs and have 
been called an “inefficient way to prevent crime.” Id. 
 
 
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TO AFFORD ADEQUATE DETERRENCE  
TO CRIMINAL CONDUCT AND TO PROTECT  
THE PUBLIC FROM FURTHER CRIMES OF MS. NAZIR 
 
 
Roxanne has no criminal history other than five traffic violations, five of which were for 
failure to have financial responsibility when she was a teenager. Since February 2024, Roxanne 
compliant with the Court’s conditions for release and responsive to her pre-trial release officer. 
Roxanne acknowledged her guilt and accepted responsibility for her conduct. Roxanne has not 
given any indication that this offense is the beginning of a pattern of future criminal conduct and 
there is nothing in Roxanne’s past, prior to this offense, that indicates she will commit future 
crimes of this or any other nature. Further incarceration of Roxanne will not generate adequate 
deterrence to criminal conduct or act to protect the public from further crimes because Roxanne 
has demonstrated to this Court she will not be engaging in future criminal conduct. A probation 
sentence will afford an adequate deterrence to criminal conduct and protect the public from 
further crimes while allowing Roxanne the opportunity to pay any restitution in a timely manner. 
The Court can sentence Roxanne to probation without further incarceration. 
TO PROVIDE MS. NAZIR WITH EDUCATIONAL OR  
VOCATIONAL TRAINING, MEDICAL CARE, OR OTHER  
CORRECTIONAL TREATMENT IN THE MOST EFFECTIVE MANNER 
 
 
Roxanne has demonstrated the ability to maintain employment as demonstrated by her 
continuous work history including her employment for Right at Home healthcare in Arlington, 
Texas since July 2017. Roxanne reported being a high school graduate and having received other 
degrees and certifications which have allowed her to pursue employment opportunities in home 
healthcare. The Court does not need to incarcerate Roxanne in order to provide her or encourage 
her to pursue educational or vocational opportunities. The Court can sentence Roxanne to a 
probation sentence without further incarceration. A term of probation can achieve the goals of 
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providing Roxanne with additional educational and/or vocational training while monitoring her 
employment and rehabilitation. 
REHABILITATION 
As discussed above, Roxanne has worked to maintain employment and continue her role 
as mother. Roxanne has demonstrated the behavior of one who is remorseful but also dedicated 
to her continued success. 
DISPARITY 
Ms. Nazir is unaware of any sentencing disparities in this case or in other cases with 
similarly situated defendants. 
SENTENCING 
The Court may sentence Roxanne to a period of incarceration of up to 20 years 
imprisonment and a fine of up to $250,000 to be followed by a 3-year term of supervised release. 
Ms. Nazir is eligible for a term of probation of not less than 1 nor more than 5 years. Based on 
the above memorandum, Ms. Nazir respectfully requests this Court to sentence her to a term of 
probation. 
CONCLUSION 
The overarching provision of § 3553(a) that guides the imposition of a sentence 
emphasizes the need to impose a sentence that is “sufficient, but not greater than necessary.” 
Kimbrough v. United States, 128 S. Ct. 558 (2007). The statute as modified by Booker v. United 
States, ,allows judges “to tailor the sentence in light of other statutory concerns.” Id. (quoting 
Booker, 543 U.S. 220, 245–46 (2005)). The statute allows judges to consider circumstances that 
mathematical guidelines cannot. Considering the circumstances of Ms. Nazir’ case, her behavior 
while on bond, and in light of the court’s ability to correctly tailor a sentence and the criteria laid 
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out by 18 U.S.C. §3553, a probation sentence is both justified and more than sufficient to satisfy 
the goals of sentencing. 
WHEREFORE, Ms. Nazir respectfully requests this Court to impose a sentence her to a 
term of probation. 
 
Respectfully submitted, 
 
/s/ Matthew T. Merryman                                 
Matthew T. Merryman 
The Bates & Merryman Law Firm LLC 
P.O. Box 10282 
Kansas City, MO 64171 
816-223-4482 
mmerryman@bmmblaw.com 
 
 
ATTORNEY FOR DEFENDANT 
Roxanne Najiyh Nazir 
 
 
 
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CERTIFICATE OF SERVICE 
 
In accordance with FED. R. CRIM. P. 49(a), (b) and (d) and FED. R. CRIM. P. Rule 5(b), it 
is hereby CERTIFIED that on January 30, 2025, the foregoing motion was electronically filed 
and all parties were notified pursuant to the Electronic Case Filing System 
 
/s/ Matthew T. Merryman                                 
Matthew T. Merryman 
 
 
 
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