Statement of the Government with Respect to Sentencing Factors — United States v. Mansouri (Dkt. 119, W.D.N.Y.)

Summary

The government's statement with respect to sentencing factors in United States v. Hormoz Mansouri, 22-CR-34-LJV, in the U.S. District Court for the Western District of New York, filed April 4, 2025 as Document 119 and signed by Assistant United States Attorney David J. Rudroff. The government adopts the findings of the presentence report except the Guidelines calculation, because the plea agreement omits the role-in-the-offense enhancement and applies the zero-point-offender reduction. It states that restitution in the amount of $3,197,563.55 must be ordered and that the defendant has the ability to pay a fine in the Guideline range, which it urges the court to impose.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 1:22-cr-00034-LJV-MJR          Document 119       Filed 04/04/25     Page 1 of 3




IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK


UNITED STATES OF AMERICA,

              v.                                                  22-CR-34-LJV

HORMOZ MANSOURI,

                      Defendant.



                      STATEMENT OF THE GOVERNMENT
                    WITH RESPECT TO SENTENCING FACTORS


       PLEASE TAKE NOTICE that the government adopts the findings of the Presentence

Report with respect to sentencing factors except as to the calculation of the Sentencing

Guidelines. The plea agreement differs from the Sentencing Guideline calculation in the

Presentence Report in that the plea agreement did not apply the two-level enhancement in

U.S.S.G. § 3B1.1(c) (role in the offense), and further applied the two-level reduction in

U.S.S.G. § 4C1.1 (zero-point offender). By contrast, the Presentence Report applied the

enhancement for the defendant’s role in the offense and did not apply the reduction for certain

zero-point offenders. Pursuant to United States v. Lawlor, 168 F.3d 633 (2d Cir. 1999), the

government is bound to advocate the calculation in the plea agreement.



       Should the defendant present any letters of support or sentencing statement to the

Court, the United States will move to strike the items from the record if this office is not

provided with copies at least three (3) business days prior to sentencing.

    Case 1:22-cr-00034-LJV-MJR           Document 119       Filed 04/04/25      Page 2 of 3




       The defendant is required by 18 U.S.C. § 3013 to pay the sum of $100 at the time of

sentencing.    Immediately after sentencing, the defendant must pay the amount due by

personal check, cashier’s check or certified funds to the United States District Court Clerk.



       Restitution in the amount of $3,197,563.55 must be ordered by the Court.



       The defendant has the ability to pay a fine in the Guideline range. The government

urges the Court to impose a fine which is due immediately as the defendant has assets which

may be used to pay the fine, is employed, or has failed to show an inability to pay the fine

immediately.



       It is requested that the Court order that all financial obligations be due immediately.

In the event the defendant lacks the ability to immediately pay the financial obligations in

full, it is requested that the Court set a schedule for payment of the obligations.



       In the event present counsel for the defendant will continue to represent the defendant

after sentencing in regard to the collection of unpaid financial obligation(s), it is requested

that a letter so advising be sent to:

               Asset Recovery Division
               U.S. Attorney’s Office WDNY
               138 Delaware Avenue
               Buffalo, New York 14202


If a letter is not received within ten (10) days of sentencing, the defendant will be directly

contacted regarding collection of the financial obligation(s).




                                                2

    Case 1:22-cr-00034-LJV-MJR        Document 119      Filed 04/04/25       Page 3 of 3




       Upon the ground that the defendant has assisted authorities in the investigation or

prosecution of the defendant’s own misconduct by timely notifying authorities of the

defendant’s intention to enter a plea of guilty, thereby permitting the government to avoid

preparing for trial and permitting the government and the Court to allocate their resources

efficiently, the government hereby moves the Court to apply the additional one (1) level

downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(b).



       DATED: Buffalo, New York, April 4, 2025.


                                          MICHAEL DIGIACOMO
                                          United States Attorney


                                   BY:    s/DAVID J. RUDROFF
                                          Assistant United States Attorney
                                          United States Attorney’s Office
                                          Western District of New York
                                          138 Delaware Avenue
                                          Buffalo, New York 14202
                                          716/843-5806
                                          David.Rudroff@usdoj.gov




                                            3

File and source

File

119.pdf

Size

60,231 bytes

SHA-256

659c83a994acec6e51cb70f19b4aabd9285db51365fba350e08dbb0cdb23b3c4

Our copy

119.pdf