Court filing
Motion to Reduce Sentence Based on Retroactive Application of Amendment 821 — United States v. Denis Casseus
Summary
A motion by defendant Denis Casseus to reduce his sentence based on retroactive application of Amendment 821 to the Sentencing Guidelines in United States v. Denis Casseus, Case No. 23-CR-00009-TPB, in the U.S. District Court for the Middle District of Florida, brought under 18 U.S.C. § 3582(c)(2) and served February 9, 2024. The motion recounts that he pleaded guilty on May 26, 2023 to counts including bank fraud under 18 U.S.C. § 1344 and was sentenced on October 20, 2023 to 24 months after the court varied downward from a 30-37 months range. It argues that as a zero-point offender he qualifies for a two-level reduction under U.S.S.G. § 4C1.1, yielding offense level 15 and a range of 18-24 months. It cites his conduct in custody, asks for a sentence of 18 months, and states that the government objects. Defense counsel Zeljka Bozanic signs.
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Full text
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
CASE NO.: 23-CR-00009-TPB
UNITED STATES OF AMERICA
Plaintiff,
vs.
DENIS CASSEUS,
Defendant.
/
MOTION TO REDUCE SENTENCE BASED ON RETROACTIVE
APPLICATION OF AMENDMENT 821 TO THE SENTENCING GUIDELINES
Defendant, DENIS CASSEUS, by and through undersigned counsel, files his Motion
to Reduce Sentence pursuant to 18 U.S.C. § 3582(c)(2). In support, Mr. Casseus states as
follows:
1. On January 25, 2023, Mr. Casseus was charged by Indictment with two counts
of Bank Fraud in violation of 18 U.S.C. § 1344, two counts of False Statement to Lending
Institution in violation of 18 U.S.C. § 1014, and one count of Illegal Monetary Transaction
in violation of 18 U.S.C. § 1957 and on May 26, 2023, Mr. Casseus pled guilty to count
one, count two and count five of the Indictment.
2. At Mr. Casseus’ sentencing on October 20, 2023, the Court heard argument on
Mr. Casseus’ objection to his PSI regarding the two-level upward adjustment pursuant to
USSG §2B1.1(b)(12), which was overruled by the Court. Defendant argued that his offense
level should be at 17 which would bring his guideline range to 24-30 months. The Court
overruled the objection, but nevertheless varied downward from the 30-37 months effective
guidelines and sentenced Mr. Casseus to 24 months.
3. On April 27, 2023, the United States Sentencing Commission voted to
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promulgate Amendment 821 to the Sentencing Guidelines. In part, this amendment alters
the application of the Guidelines with respect to certain offenders who (a) earned criminal
history points “status points” based on commission of an offense while serving a criminal
justice sentence, or (b) presented zero-criminal history points at the time of sentencing.
Amendment 821 became effective on November 1, 2023.
4. As Mr. Casseus presented zero criminal history points at the time of sentencing
and otherwise meets all of the criteria of U.S.S.G. § 4C1.1, his sentence ought to be
reduced, as a matter of law, in an equivalent manner.
5. Under U.S.S.G. § 4C1.1 if a Defendant meets all of the following criteria and
was not otherwise engaged in a continuing criminal enterprise (as defined in 21 U.S.C.
§848) this would decrease the offense level determined by Chapter Two and Three by two
(2) levels:
(1) the defendant did not receive any criminal history points from Chapter Four,
Part A;
(2) the defendant did not receive an adjustment under §3A1.4 (Terrorism);
(3) the defendant did not use violence or credible threats of violence in connection
with the offense;
(4) the offense did not result in death or serious bodily injury;
(5) the instant offense of conviction is not a sex offense;
(6) the defendant did not personally cause substantial financial hardship;
(7) the defendant did not possess, receive, purchase, transport, transfer, sell, or
otherwise dispose of a firearm or other dangerous weapon (or induce another participant to
do so) in connection with the offense;
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(8) the instant offense of conviction is not covered by §2H1.1 (Offenses Involving
Individual Rights);
(9) the defendant did not receive an adjustment under §3A1.1 (Hate Crime
Motivation or Vulnerable Victim) or §3A1.5 (Serious Human Rights Offense); and
(10) the defendant did not receive an adjustment under §3B1.1 (Aggravating Role)
and was not engaged in a continuing criminal enterprise, as defined in 21U.S.C. § 848.
6. On August 24, 2023, the Commission also voted to give retroactive effect to the
two changes described in paragraph five supra, on the same activation date of November 1,
2023. Although defendants can file motions beginning on this date, they would not be
eligible for release from prison earlier than February 1, 2024, should their motion be
granted.
7. U.S.S.G. § 1B1.10(b)(1) provides that in determining whether, and to what
extent, a reduction in the defendant’s term of imprisonment under 18 U.S.C.
§ 3582(c)(2) and this policy statement is warranted, the court shall determine the amended
guideline range that would have been applicable to the defendant if the amendment(s) to
the guidelines listed in subsection (d) had been in effect at the time the defendant was
sentenced. In making such determination, the court shall substitute only the amendments
listed in subsection (d) for the corresponding guideline provisions that were applied when
the defendant was sentenced and shall leave all other guideline application decisions
unaffected.
8. If Mr. Casseus receives a two (2) level reduction pursuant to § 4C1.1 and all
other previously applied reductions, variiances and enhancements are reapplied, his total
offense level would be a Level 15, with a criminal history of Category I. This corresponds
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to an advisory guideline range of 18-24 months.
9. At the time of sentencing, after the Court overruled the Defendant's objection
relating to the 2-level upward adjustment for receiving benefits as defined in 18 USC
§1040, the Defendant's effective guidelines were at 30-37 months. However, after hearing
the 3553 factors, the Court departed downward and sentenced Mr. Casseus to 24 months. In
doing so, the Court stated that a sentence of 24 months was fair and appropriate in this
case.
10. Mr. Casseus is asking the Court to grant him a 2 level reduction, despite the
previously granted two level variance, when he was sentenced to 24 months.
MITIGATING FACTORS IN FAVOR OF GRANTING THIS MOTION
Mr. Casseus has not had any disciplinary issues since his incarceration in the Bureau
of Prisons. On the contrary, he has followed all rules and regulations. Mr. Casseus has been
participating in various programs: the Money Smart Program, which covers financial topics
of importance of saving and how to use credit effectively, the Brain Health as You Age
Program, which fosters self-improvement, the Parenting Program and various continuing
education programs. He is also working while incarcerated.
Mr. Casseus is the father of five children ages 9 months old, 3-years-old, 6-years-old,
17-years-old, and 19-years-old. Mr. Casseus’ wife has certain medical issues that are
mentioned in Defendant’s PSI (DE 45, ¶ 58), and she is having a difficult time financially
and taking care of the children on her own. Mr. Casseus’ wife and children are in the
process of relocating from the home where they lived due to the forfeiture of the residence.
Prior to being incarcerated, Mr. Casseus worked as a patient transporter for Best Joint Care
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Center and earned a good living. An earlier release from incarceration will permit Mr.
Casseus to help his wife financially and help take care of the children.
Furthermore, Mr. Casseus has obviously never been to prison before due to having no
criminal history. Any time of incarceration is a life learning lesson for him. If the Court
was to reduce Mr. Casseus's sentence to 18 months, such sentence would provide adequate
deterrence, reflect the seriousness of the offense and provide just punishment for the
offense.
Pursuant to Local Rule 88.9, undersigned counsel contacted AUSA Yolande Viacava,
who does object to the relief sought in tis motion.
WHEREFORE, based upon the foregoing, Mr. Casseus respectfully requests that
this Court find that he is eligible for relief under 18 U.S.C. § 3582(c)(2) because he was
sentenced to a term of imprisonment based on a sentencing range that has subsequently
been lowered by the Sentencing Commission, given § 4C1.1. Mr. Casseus asks that this
Court consider the factors set forth in 3553(a) and his conduct during his period of
incarceration in this cause and requests this Court to reduce his term of imprisonment
downward given the reduction to his total offense level and the corresponding advisory
guideline range.
CERTIFICATE OF SERVICE
I HEREBY certify that on February 9, 2024, 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.
5
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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