Sentencing Memorandum — United States v. Elisa Rivera (Southern District of Florida, Document 19)

Summary

Sentencing Memorandum filed May 3, 2022, in United States of America v. Elisa Rivera, Case No. 22-20028-cr-GRAHAM, Southern District of Florida, asking the Court to consider a non-prison sentence. It states that Probation correctly calculated a total offense level of 13 and an advisory guideline range of 12 to 18 months, which falls in "Zone C". It states that Rivera received approximately $3500 for helping others obtain $90,000 in loans and was forced to resign from her job of 26 years. It is signed /s/ Michael Mirer.

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

Full text

Case 1:22-cr-20028-DLG Document 19 Entered on FLSD Docket 05/03/2022 Page 1 of 4




                             UNITED STATES DISTRICT COURT
                             SOUTHERN DISTRICT OF FLORIDA

                              CASE NO. 22-20028-cr-GRAHAM

  UNITED STATES OF AMERICA,

                Plaintiff,
  v.

  ELISA RIVERA,

                Defendant.
                                          /

                               SENTENCING MEMORANDUM

         Defendant, ELISA RIVERA, hereby files her Sentencing Memorandum asking this

  Court to consider a non-prison sentence term and in support of this request states the

  following:

         Probation has correctly calculated Rivera’s total offense level at 13. The advisory

  guideline range is 12 to 18 months. This guideline range falls in “Zone C” of the sentencing

  guideline table. Zone C sentences may be satisfied by a term of imprisonment or a

  sentence that substitutes community confinement or home detention for a term of

  imprisonment, provided at least half of the minimum term is served in prison. Therefore,

  an advisory guideline sentence requires a minimum term of 6 months imprisonment. The

  remaining term can be satisfied with community confinement or home detention.

         Sentencing, however, does not end with this guideline calculation.         Once an

  advisory guideline is calculated, this Court must consider the factors set forth in Title 18

  U.S.C. § 3553 when fashioning an appropriate sentence in this case. United States v.

  Talley, 786 F.3d 784, 786 (11th Cir. 2005). The Court is not confined to a guideline

  sentence when determining a sentence that is sufficient but not greater than necessary.
Case 1:22-cr-20028-DLG Document 19 Entered on FLSD Docket 05/03/2022 Page 2 of 4




                                                            CASE NO. 22-20028-cr-GRAHAM

  18 U.S.C. §3553(a). Thus, the advisory guideline calculation is only the starting point.

  And, in this case, the low end - - 12 months - - is more than Rivera should receive.

         As the PSI reflects, Rivera is a 50 year-old woman with a long history of physical

  and mental health issues. After becoming pregnant at 15, she was pushed to marry

  Suarez, the father of her child. The two had another child together just three years later.

  Her husband was abusive and an alcoholic. Rivera moved herself and two children to

  Miami to live with her mother. She was still legally married to Suarez when he died at the

  age of 47.

         Despite being married (and becoming a parent) at such a young age, Rivera

  pursued her education. She eventually found her way to a job with the Miami-Dade Police

  Department. She has never abused alcohol or drugs. She has had ZERO contact with the

  criminal justice system prior to this offense. In other words, Rivera does not pose the type

  of risk to society that necessitates a prison sentence.

         Rivera understands the severity of the offense, the need to promote respect for the

  law and provide punishment. In an effort to demonstrate her regret, Rivera cooperated

  fully with law enforcement. She disclosed the circumstances of the offense and provided

  details about the monies received. This includes the fact that she received approximately

  $3500 for helping others obtain $90,000 in loans.           Although Rivera fully accepts

  responsibility for having assisted others in obtaining those funds, it is notable that the

  additional $90,000 (of which she personally received $3500) pushed her guideline range

  4 levels higher.

         Rivera has suffered serious financial consequences for her actions as well. She ws

                                              -2-
Case 1:22-cr-20028-DLG Document 19 Entered on FLSD Docket 05/03/2022 Page 3 of 4




                                                           CASE NO. 22-20028-cr-GRAHAM

  forced to resign from her job of 26 years. She is currently living off her husband’s $2000

  a month salary and the outstanding vacation time owed to her from MDPD. Part of her

  monthly expenses include repayment of the loan that is at the center of her offense.

  However, she is quickly coming to a point where that additional money will be depleted.

  Finding a job and getting back on her feet is of paramount importance. A sentence that

  does not include a term of imprisonment will give her the ability to do so.

         In light of the types of sentences this Court may impose when confronted with an

  advisory guideline range in Zone C, the request Rivera is making is not an extraordinary

  one. A non-prison sentence will insure that Rivera is able to be an active member of

  society. It will also insure Rivera receives the benefit of the steps she took post-arrest to

  demonstrate her remorse and full acceptance of responsibility. Most importantly, a non-

  prison term will insure Rivera receives a sentence that is sufficient but not harsher than

  necessary.

         WHEREFORE, Rivera respectfully requests this Court consider these and any other

  arguments raised at her sentencing hearing when fashioning an appropriate sentence in

  this case.
                                                     Respectfully submitted,

                                                      /s/ Michael Mirer
                                                     MICHAEL MIRER, ESQ.
                                                     100 N. Biscayne Blvd.
                                                     Suite 1300
                                                     Miami, Florida 33130
                                                     Telephone: (305) 536-6177
                                                     Facsimile: (305) 536-6179
                                                     E-mail:      michael@mirerlaw.com
                                                     Florida Bar No. 119490

                                               -3-
Case 1:22-cr-20028-DLG Document 19 Entered on FLSD Docket 05/03/2022 Page 4 of 4




                                                        CASE NO. 22-20028-cr-GRAHAM

                                 CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that a true and correct copy of the foregoing was filed

  electronically this 3rd day of May, 2022.


                                                     /s/ Michael Mirer
                                                    MICHAEL MIRER, ESQ.




                                              -4-


File and source

File

19.pdf

Size

73,846 bytes

SHA-256

db527642ee995434970546aef6c72a5a0a253058457f8a3f11395025b9e68c8f

Our copy

19.pdf

Original

No public link identified.