Court filing
Defendant's Objections to Presentence Investigation Report — United States v. Denis Casseus
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO.: 23-cr-00009-TPB
UNITED STATES OF AMERICA
Plaintiff,
vs.
DENIS CASSEUS,
Defendant.
/
DEFENDANT’S OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT
Defendant, DENIS CASSEUS, by and through undersigned counsel, pursuant to Rule
32(f) of the Federal Rule of Criminal Procedure, and the Due Process Clause of the Fifth
Amendment to the United States Constitution, respectfully files the Defendant’s objections to the
Pre-Sentence Investigation Report (PSR) and states:
1. Offense level calculation: The Defendant objects to not receiving a two-level
downward adjustment for Zero-Point Offenders, pursuant to USSG §4C1.1. Different Courts
have been granting Defendant’s motion to apply the §4C1.1 in the following cases:
• United States v. Christian Pena Encarnacion, 22-CR-20422-DMM
• United States v. Robles, 22-CR-20494-RNS
• United States v. Palomino, 22-CR-20501-BB
• USA v. del Pozo, 22-CR-20429-RNS
• USA v. Angel Alexis Garces, 22-CR-20422-DMM
• USA v. Crystal Estrada Marquez, 22-CR-20595-DMM
• USA v. Alejandro Catano Velasquez, 22-CR-60207-AHS
• United States v. Solchys Perez et al. 22-CR-20534-DMM
• USA v. Isaac McNeal, 22-CR-20467-DPG
• USA v. Da Costa 22-CR-20534-DMM
• USA v. Luckny Vincent, 23-CR-80027-RLR
• United States v. Carlos Sablón, 22-CR-20341- JEM
• USA v. Javier Ortiz, 22-CR-10001-DPG
2. Paragraph 36
Defendant objects to the two-level upward adjustment pursuant to USSG §2B1.1(b)(12).
The offense did not involve conduct as described in 18 U.S.C. §1040, which provides as follows:
(a)Whoever, in a circumstance described in subsection (b) of this section,
knowingly—
(1) falsifies, conceals, or covers up by any trick, scheme, or device any
material fact; or
(2) makes any materially false, fictitious, or fraudulent statement or
representation, or makes or uses any false writing or document knowing
the same to contain any materially false, fictitious, or fraudulent statement
or representation, in any matter involving any benefit authorized,
transported, transmitted, transferred, disbursed, or paid in connection with
a major disaster declaration under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an
emergency declaration under section 501 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in
connection with any procurement of property or services related to any
emergency or major disaster declaration as a prime contractor with the
United States or as a subcontractor or supplier on a contract in which there
is a prime contract with the United States, shall be fined under this title,
imprisoned not more than 30 years, or both.
(b)A circumstance described in this subsection is any instance where—
(1) the authorization, transportation, transmission, transfer, disbursement,
or payment of the benefit is in or affects interstate or foreign commerce;
(2) the benefit is transported in the mail at any point in the authorization,
transportation, transmission, transfer, disbursement, or payment of
that benefit; or
(3) the benefit is a record, voucher, payment, money, or thing of value of
the United States, or of any department or agency thereof.
(c) In this section, the term “benefit” means any record, voucher, payment,
money or thing of value, good, service, right, or privilege provided by the
United States, a State or local government, or other entity.
The offense in the present case does not involve conduct described above. The
Robert T. Stafford Disaster Relief and Emergency Assistance Act was invoked for a
health pandemic to address the size and scale of COVID-19’s impact on the United
States. The Stafford Act provides federal funding to aid the response to the COVID-19
response. The Stafford Act Emergency Declaration for COVID-19 authorized public
assistance for various programs or benefits.
Various loans such as PPP and EIDL loans were authorized by the CARES Act.
Loans provided to Mr. Casseus do not fall withing the category of the public assistance
under the Robert Stafford Disaster Relief and Emergency Assistance Act, nor are they
benefits as defined in 18 USC §1040. Therefore, the objection should be sustained.
3. Paragraphs 46 and 75
If the Court sustains Defendant’s objections, the total offense level should be 15,
a criminal history category I, and a guideline imprisonment range of 18-24 months.
CERTIFICATE OF SERVICE
I HEREBY certify that on July 31, 2023, undersigned counsel electronically filed
foregoing document with the Clerk of Courts using CM/ECF which will send notification of such
filing to all counsel of record.
Respectfully submitted,
BOZANIC LAW, P.A.
17100 Royal Palm Blvd.
Suite 1
Weston, FL 33326
Telephone: 954.920.9750
Facsimile: 954.400.0335
E-Mail: Zeljka@bozaniclaw.com
By:_____/s/Zeljka Bozanic___________
Zeljka Bozanic
Florida Bar No. 23707
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