Order Granting Motion for a Reduction in Sentence — United States v. Chris Recamier (S.D.N.Y.)

Record facts

U.S. District Court, Southern District of New York · No. 1:21-cr-00746-MKV · Doc. 163 · 2025-11-06 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
UNITED STATES OF AMERICA 
-against-
CHRIS RECAMIER, 
Defendant. 
1:21-cr-00746-MKV 
ORDER GRANTING MOTION FOR A 
REDUCTION IN SENTENCE 
MARY KAY VYSKOCIL, United States District Judge: 
Chris Recamier, one of the defendants in this case, pleaded guilty to Major Fraud Against 
the United States in violation of 18 U.S.C. § 1031.  [ECF No. 104].  Using the 2021 Guidelines 
Manual in effect at the time of sentencing, the Court independently calculated Mr. Recamier’s 
Sentencing Guidelines range to be 108 to 120 months, based on an offense level of 31 and a 
criminal history category of I, with a statutory maximum sentence of 10 years.  Sentencing 
Transcript 30:5-8 [ECF No. 104, (“Tr.”)]. After weighing the factors under 18 U.S.C. § 3553, on 
October 17, 2022, the Court sentenced Mr. Recamier principally to 108 months of incarceration. 
Tr. 35:14.  
Thereafter, the Probation Office issued a Revised Supplemental Presentence Report 
indicating that Mr. Recamier is eligible for a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) 
and Amendment 821 to the Sentencing Guidelines, which went into effect on November 1, 2023 
and applies retroactively. [ECF No. 151, (“Revised PSR”)] (citing U.S.S.G. § 1B1.10).  
Subsequently, Mr. Recamier moved the Court to resentence him to 87 months of imprisonment. 
[ECF No. 160 (“Def. Mem.”)].  The Government submitted a letter in response noting that it does 
not oppose a sentence reduction.  [ECF No. 161 (“Gov. Mem.”)].  Mr. Recamier submitted a 
subsequent letter in reply.  [ECF No. 162 (“Def. Reply”)].  Having examined the parties’ 
submissions carefully, the Court determines that Mr. Recamier’s motion is GRANTED. 
11/6/2025
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Section 3582(c)(2) of 18 U.S.C. “establishes a two-step inquiry” for a Court to employ in 
determining whether a defendant’s sentence should be reduced.  Dillon v. United States, 560 U.S. 
817, 826 (2010).  First, the Court must determine whether the defendant is eligible for a sentence 
reduction by noting whether, as a result of Amendment 821, the defendant’s amended Guidelines 
range is lower than the range applied at his sentencing, and that the defendant did not already 
receive a sentence lower than the amended range.  See United States v. Sardarova, No. 20-cr-681 
(JPC), 2024 WL 259775, at *1 (S.D.N.Y. Jan. 12, 2024).  Once the Court concludes that a 
defendant is eligible for a potential sentence reduction, the Court must then “consider the factors 
set forth in 18 U.S.C. § 3553(a) in determining . . . whether a reduction in the defendant’s term of 
imprisonment is warranted.”  U.S.S.G. § 1B1.10 app. note 1(B)(i); see Dillon, 560 U.S. at 826. A 
court may also take the defendant’s post-sentencing conduct into account when determining 
whether reducing the sentence comports with the policy statement in the Sentencing Guidelines.  
U.S.S.G. § 1B1.10 app. note 1(B)(iii).     
Mr. Recamier, the Probation Department, and the Government are all in agreement that 
Mr. Recamier is eligible for a sentence reduction pursuant to Amendment 821, which provides that 
a defendant who had zero criminal history points and meets certain additional criteria at the time 
of sentencing is eligible for a two-point reduction in criminal offense level.  See Revised PSR 2; 
Def. Mem. at 1; Gov. Mem. at 1; U.S.S.G. § 4C1.1(a).  The Court agrees.  Mr. Recamier’s original 
Sentencing Guideline range was 108 to 120 months based on an offense level of 31 and criminal 
history category of I. Tr. 30:04-08.  Under the amended Guidelines, Mr. Recamier’s revised 
Sentencing Guidelines range is 87 to 108 months based on an offense level of 29 and a criminal 
history category of I.  See Revised PSR 3.  As noted above, at the time of sentencing, the Court 
imposed a sentence of 108 months of imprisonment, which is not lower than the bottom of the 
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amended range.  See Sardarova, 2024 WL 259775, at *1.  Accordingly, Mr. Recamier is eligible 
for a sentence reduction.  
When imposing its original sentence, the Court determined that Mr. Recamier’s sentence 
should be on the lower end of the sentencing range because it would be “sufficient but not greater 
than necessary to serve the goals of sentencing” as set forth in Section 3553(a)(2).  Tr. 30:09-12.  
The Court considered these factors, including the seriousness of the crime, the need to deter similar 
fraudulent crimes, the mitigating circumstances of his difficult childhood and drug addiction, his 
acceptance of responsibility, and the need to avoid unwarranted sentencing disparities.  Tr. 30:16–
35:11.  The factors that bear on that consideration have not changed between the time of sentencing 
and today.  Furthermore, Mr. Recamier’s behavior while incarcerated suggests that sentence 
reduction is warranted: he has participated in a number of educational programs, works regular 
shifts, and has not received any disciplinary sanctions.  See Revised PSR at 3-4; U.S.S.G. § 1B1.10 
app. note 1(B)(iii) (allowing the Court to consider post-sentencing conduct).  For these reasons, 
and because the Government does not make any arguments to the contrary, the Court believes that 
reducing Mr. Recamier’s sentence to the lowest end of the revised sentencing range properly 
balances the 3553(a) factors and the policy goals of sentencing.  See U.S.S.G. § 1B1.10. 
Accordingly, the Court adopts the revised Sentencing Guidelines as suggested in the 
Supplemental PSR.  See Revised PSR 3. IT IS HEREBY ORDERED that Mr. Recamier’s motion 
for a sentence reduction pursuant to Amendment 821 is GRANTED.  IT IS FURTHER ORDERED 
that Defendant’s sentence of imprisonment shall be reduced from 108 month to a term of 87 
months.  All other components of the sentence remain as originally imposed.  
 
SO ORDERED. 
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_________________________________ 
Date: November 6, 2025 
  
 
 
 
MARY KAY VYSKOCIL 
New York, NY 
 
 
 
          United States District Judge  
 
 
 
 
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