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Statement of the Government with Respect to Sentencing Factors — United States v. Fares (W.D.N.Y., Dkt. 43)

Summary

A Statement of the Government with Respect to Sentencing Factors, Document 43 in No. 1:22-cr-00076-LJV-HKS, in the U.S. District Court for the Western District of New York, filed December 5, 2022, in United States v. Hassan Moussa Fares. The government adopts all findings of the Presentence Report except paragraph 88, which calculates the fine range as $2,000 - $1,000,000. It states that the plea agreement gives a fine range of $2,000 - $20,000, and that the defendant must pay $100 under 18 U.S.C. § 3013 at sentencing, and states that the Court must order restitution in the total amount of $36,000 and asks that all financial obligations be due immediately. The signature block names Charles M. Kruly, Assistant United States Attorney.

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“Statement of the Government with Respect to Sentencing Factors — United States v. Fares (W.D.N.Y., Dkt. 43).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-22-cr-00076-dkt-43-w-d-n-y-229f15b465/, SHA-256 f8d62dcd4470fe9dab9b830290bad3481c6713e396f28aacd37e313601be5f8d.

Full text

       Case 1:22-cr-00076-LJV-HKS Document 43 Filed 12/05/22 Page 1 of 2




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


UNITED STATES OF AMERICA,

              v.                                                   22-CR-76-LJV

HASSAN MOUSSA FARES,

                      Defendant.



                       STATEMENT OF THE GOVERNMENT
                     WITH RESPECT TO SENTENCING FACTORS


       PLEASE TAKE NOTICE that the government hereby adopts all findings of the

Presentence Report with respect to sentencing factors, with the exception of paragraph 88,

which calculates the fine range as $2,000 - $1,000,000. Compare Dkt. 33 (Plea Agreement) ¶ 11

(stating that the parties agree that fine range is $2,000 - $20,000). Although the defendant does

not have the ability to pay a fine, pursuant to United States v. Lawlor, 168 F.3d 633 (2d Cir.

1999), the government is bound to advocate for the fine range in the plea agreement.

       If the defendant presents any letters of support or sentencing statement to the Court,

the government will move to strike the items from the record if this office is not provided with

copies at least three business days prior to sentencing.

       The defendant is required by 18 U.S.C. § 3013 to pay $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.

       The Court must order restitution in the total amount of $36,000.
       Case 1:22-cr-00076-LJV-HKS Document 43 Filed 12/05/22 Page 2 of 2




       The government requests 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 days of sentencing, the defendant will be directly

contacted regarding collection of the financial obligation(s).

       DATED: Buffalo, New York, December 5, 2022


                                              TRINI E. ROSS
                                              United States Attorney


                                        BY:   /s/ CHARLES M. KRULY
                                              CHARLES M. KRULY
                                              Assistant United States Attorney
                                              United States Attorney’s Office
                                              Western District of New York
                                              138 Delaware Avenue
                                              Buffalo, New York 14202
                                              716-843-5838
                                              Charles.Kruly@usdoj.gov




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