Sentencing Memorandum — United States v. Torres (Dkt. 101, S.D. Ohio)

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A defense sentencing memorandum for Victor Torres in United States v. Torres, Docket No. 1:20-CR-000087-003, in the U.S. District Court for the Southern District of Ohio before Judge Cole, filed August 5, 2022 as Doc 101. It states that Torres pleaded guilty to Count 1, Conspiracy to Commit Bank Fraud and to Commit Mail Fraud Effecting a Financial Institution under 18 U.S.C. §§ 1349, 1341 and 1344. Citing his particular circumstances and those of the offense, it asks the court to impose a minimal prison sentence, if any, as sufficient but not greater than necessary under 18 U.S.C. § 3553(a). The memorandum sets out his personal background and attaches a letter from Torres to the court as a defendant's exhibit.

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Case: 1:20-cr-00087-DRC Doc #: 101 Filed: 08/05/22 Page: 1 of 5 PAGEID #: 653

                   UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF OHIO

UNITED STATES OF AMERICA        :    Docket No.: 1:20-CR-000087-003

           Plaintiff,           :    Judge Cole

     Vv.                        :    SENTENCING MEMORANDUM

VICTOR TORRES

           Defendant.

                            INTRODUCTION

           Victor Torres is before this Court for sentencing having

previously plead guilty to Count 1, Conspiracy to Commit Bank Fraud

and to Commit Mail Fraud Effecting a Financial Institution in

violation of 18 U.S.C. §§ 1349, 1341 and 1344.

           Given Mr. Torres’ particular circumstances and the

circumstances surrounding his offense conduct, it is respectfully

suggested that the Court impose a minimal prison sentence, if any,

since such a sentence would be sufficient but not greater than

necessary to comply with the goals of sentencing as set forth in 18

U.S.C. § 3553(a).

                             BACKGROUND

           Victor Torres, age 39, was born in Ft. Campbell, Kentucky

to his parents: Victor Torres, who lives in Tampa, Florida and

works in a warehouse and Jasmine Gordan, who lives in Miami,

Florida. His father also served in the United States Armed Forces

for 10 years. Mr. Torres reports that he grew up in a “poor”

                                  1

Case: 1:20-cr-00087-DRC Doc #: 101 Filed: 08/05/22 Page: 2 of 5 PAGEID #: 654

neighborhood mostly raised by his mother while his father was in
the military. They divorced when Mr. Torres was approximately 10
years of age. He further reports that his mother would often
resort to corporal punishment, a fact that he kept to himself.

Mr. Torres described himself as an introvert growing up
and enjoyed schooling but reported many moves in different schools
because of his mother’s inability to pay rent.

As he grew up, he desired to “make a better path for his
life” so he joined the military and entered the United States Air
Force and thereafter attended college and studied Engineering.

Regrettably, he has struggled with anxiety and depression
most of his life and tends to isolate himself from others. It is
reported that he has had at least one suicide attempt while in the
Air Force after an argument with a girlfriend. His mother
described him as not a happy person who does not have many close
friends. He does not like talking to people but he is a
compassionate person and he used to send money to Africa to help
care for children there.

The Probation Officer made an ancillary contact with his
girlfriend of over two years who described him as a “good, kind-
hearted person.” She was shocked when she found out he had been
arrested in this matter. She also shared that if he were confined
in prison he would have a tough struggle mentally due to being

confined in a small space. He gets extremely anxious even in an

Case: 1:20-cr-00087-DRC Doc #: 101 Filed: 08/05/22 Page: 3 of 5 PAGEID #: 655

elevator. He attends church with his girlfriend and volunteers in
the community. Attached you will find an apology letter authored
by Mr. Torres and forwarded to counsel as Exhibit “A.” It is
rather self-explanatory. It is respectfully submitted that it does
not appear that Mr. Torres was the principal in this conspiracy and
may have been preyed upon by Co-Defendants for seven months. Since
the Guideline Range Paragraph 152 of the Initial Presentence
Investigation reiterates the points raised herein and suggests that
they may be considered by the Court at sentencing, ostensively in
a downward departure.

It is noteworthy that Probation recommends Mr. Torres
continues receiving mental health treatment if he is incarcerated,
He has been compliant with the treatment that has been afforded him
during the pendency of this matter.

ARGUMENT

It is respectfully submitted that a downward variance in
this matter is appropriate since Mr. Torres has demonstrated a
sincere and genuine acceptance of responsibility, recognition of
harm he has done to others, and shame he has brought upon himself
and others around him.

He has demonstrated responsibility to the community by
volunteering in charitable endeavors through the church.

He posses no danger to the community and but for this

aberrant mistake has led a decent and relatively law abiding life.

Case: 1:20-cr-00087-DRC Doc #: 101 Filed: 08/05/22 Page: 4 of 5 PAGEID #: 656

By all accounts, he is a peaceful and honest person. As this Court
is aware, sentencing is an exercise in judgment, not a ritual, and

certainly not an exercise in mathematical proof. United States v.

Grossman, 513 Fed. 374 592 (6 Circuit 2008).

It is therefore respectfully suggested that this
honorable Court impose a sentence of no greater than home
confinement which would constitute a sufficient, but not greater
than necessary, sentence and would satisfy the spirit and intent of
the Federal Sentencing Law and further the interest of justice.

Respectfully submitted,

/s/Louis Rubenstein

LOUIS RUBENSTEIN/0016992

Attorney for Defendant, Victor Torres
125 BE. Court Street, Suite 1000
Cincinnati, Ohio 45202
(513)241-7460 - Phone

(513)684-7777 - Fax
lourubenstein@yahoo.com

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion was
served by delivering copy of same to the Prosecuting Attorney this
_5% day of_August_, 2022.

/s/Louis Rubenstein

LOUIS RUBENSTEIN/0016992
Attorney for Defendant


Case: 1:20-cr-00087-DRC Doc #: 101 Filed: 08/05/22 Page: 5 of 5 PAGEID #: 657

Hello Mr. Rubenstein,

| want to write this apology letter on my behalf. The last 2 and half year has been challenging and
detrimental for me. All | can think is how | hurt the people | love and those that entrusted in me to
progress in my adulthood. | want to say that my actions during the time of 2010 -2018 was lead because
of my destitution in society. | had graduated with a bachelor degree in Environmental Engineer in 2011
and found myself in debt from society. | had owed the school system about more than $3000 to finish
my education that | extremely work hard for. The courses were intricate and it contour my ability to be
successful in life. | met two friend at that time that show me a method to fulfil my financial obligations.
Keep in mind | was in my 20s and just thinking how can | advance in life. | was at one time of my life in
destitution and have to rely on alternative source of funding to provide for my humanity survival. When |
committed the offence those where the main reason, | was trying to find a way to provide in a society
where opportunity can be limited if you come from a background of my class. This is not where | imagine
to be | proudly serve my country for 6 years in the Air Force and US Army Reserve. | had to find a path of
my own without any help from my family and those close to me. | learn so much throughout the year
how to be a man and be responsible for my actions. Since this incident happen it was a wakeup call, |
stop going to certain places that can hinder my spiritual growth and became more at peace with myself.
| have a dog who is truly my companionship and keep me happy with myself. My probation officer who
is assigned to me kept track of my progress and my mental stability. | must say this past 10 year for me
where insanely rough, going to the veteran hospital getting attended by the mental psychiatry for all my
disorder which included anxiety, panic attack, dysthymia, PTSD, irritability to function in a social
environment are just things | had to cope over the last two decade of my life. | didn’t understand at first
why all this things are happening to me but now | know some of us are chosen by God as a sense of
testimony to overcome different phases in life. | recently had got a job in something that | love to do and
that is to work the needy and family who are lacking resources in our community. The company | work
for is a food bank and is located in Tampa, Florida. | been working there for the past two months, It helps
me to understand people and appreciate the life that | was given. There are several of us that encounter
difficulties and we have to rely on government funded program to manage to live a sustainable life. It
has taught me a lot and how to be a better person going forward. | will no longer be involve in any
activity that is consider illegal or can damage one financial burden. | been having a clean slate and would
love the opportunity to improve on me and give back to community. | know you heard several pardon
from several offender but | truly working on myself | have medical records and therapy to keep
document on my progress and | still would love to attend. Today | am a new man and | feel no matter
what happens in life God will always have my back. Thank you for your consideration of reading this
letter on my behalf.

Sincerely,

Victor Torres DEFENDANT’S
EXHIBIT
813-853-9546

aN

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