Position Regarding Sentencing — No. 1:20-cr-00750 (Dkt. 185, N.D. Ill.)

Summary

Defendant Branko Aleksic's position regarding sentencing and response to the presentence report, filed October 23, 2023 as Document #185 in United States v. Aleksic, Case No. 1:20-CR-00750, in the U.S. District Court for the Northern District of Illinois, before Judge Maldonado. The filing states that on July 6, 2023 he pleaded guilty to Counts Four and Twenty-One of the Superseding Indictment, wire fraud under 18 U.S.C. § 1343 and laundering of monetary instruments under 18 U.S.C. § 1956(a)(1)(B)(i), and that the report sets a Total Offense Level of 22. Citing the § 3553(a) factors and Gall, it asks for a sentence below the advisory Guidelines range of 41 to 51 months.

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Case: 1:20-cr-00750 Document #: 185 Filed: 10/23/23 Page 1 of 10 PageID #:883

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA, )
)
Plaintiff )
vs. ) Case No. 1:20-CR-00750
)
BRANKO ALEKSIC, ) Judge Maldonado
)
Defendant. )

DEFENDANT BRANKO ALEKSIC’S
POSITION REGARDING SENTENCING

Defendant, Branko Aleksic (“Mr. Aleksic”), by and through his undersigned counsel

submits the following Response to PSR and Position Regarding Sentencing:

I. PROCEDURAL BACKGROUND

On July 6, 2023, Mr. Aleksic promptly pled guilty to Counts Four and Twenty-One of the

Superseding Indictment, pursuant to a written plea agreement. That timely plea came after Mr.

Aleksic immediately admitted his wrongdoing when confronted by agents from Customs and

Border Protection (“CBP”) in October of 2020. See PSR, at p. 7, paragraphs 23-24. Count Four

charged him with Wire Fraud in violation of 18 U.S.C. § 1343. Count Twenty-One charged him

with Laundering of Monetary Instruments in violation of 18 U.S.C. § 1956(a)(1)(B)(i).

As iterated in the Plea Agreement, and agreed to by the parties, the PSR applied the 2021

Guidelines and determined the Total Offense Level to be 22, and Mr. Aleksic’s Criminal History

category to be I – resulting in a suggested Guidelines range of 41 to 51 months. That Total

Offense Level includes a 2-level enhancement pursuant to §2S1.1(b)(2)(B) since Mr. Aleksic

was convicted under 18 U.S.C. § 1956. The Total Offense Level also includes a 2-level decrease

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for acceptance of responsibility under §3E1.1(a) and an additional 1-level decrease under

§3E1.1(b).

II. PERSONAL BACKGROUND

Mr. Aleksic is a 34-year-old man, originally from Croatia, who emigrated to the United

States in 2015 to seek a better life in America. He was born in Dubrovnik, Croatia to Milorad

and Radojka Aleksic (nee: Kilibarda) and has one sibling. Mr. Aleksic was raised in a stable

home by both parents and enjoyed a peaceful childhood of which he has many positive

memories. This is a remarkable understatement considering the turmoil surrounding his family’s

life during his first few years of life.

In 1991, Mr. Aleksic and his parents were forced out of their home in Dubrovnik during

the civil war that erupted in Croatia. Prior to their departure, a bomb detonated near their home

causing his mother permanent hearing loss and chronic headaches. Despite the inescapably

traumatic nature of these events, as Mr. Aleksic notes, his parents remained “mentally strong and

positive,” which impacted him immensely and directly contributed to the many positive

childhood memories he experienced thereafter. After leaving Croatia, his family settled in Tivat,

Montenegro, and eventually relocated to the capital city, Podgorica in 2001.

As a child Mr. Aleksic was active and showed promising skills as a tennis player at an

early age. He was one of the top tennis players in Montenegro until about the age of 16.

Although he was skilled at and very much enjoyed playing tennis, his commitment to tennis

began to adversely impact his performance in school. Since education was a priority, Mr. Aleksic

left organized tennis to return his focus to his studies.

His refocus upon his education paid off. After graduating high school, Mr. Aleksic earned

a bachelor degree in International Relations and Diplomacy in 2011 from the University of

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Donja Gorica (U.D.G.) in Podgorica, Montenegro. He continued his studies at U.D.G., earning

several masters level diplomas—a masters degree program in Business Psychology and

Management, a diploma in Humanistic Studies, and a “Foreign Policy and Diplomacy Specialist”

diploma. Mr. Aleksic was also active outside the classroom. As an undergraduate student, he

joined a nongovernmental organization, on track to eventually participate in NATO. He also

volunteered for various student rights campaigns as an acting student representative at U.D.G.

Additionally, he earned a plethora of certifications, including a diploma for successful

completion of the seminar “Serbia and NATO” in 2010, a diploma for successful completion of

the “Human Rights School” in 2011, a certificate for passing the Civil Service Exam in 2014,

and many others. See Exhibits attached hereto.

After receiving a recommendation and support from the Dean of Humanistic Studies at

U.D.G., Mr. Aleksic applied for a Visa and came to the United States. Mr. Aleksic first settled in

Seattle, Washington to obtain his commercial driver’s license, after which he moved to San

Bernadino, California, where he lived for five years. In 2020, he relocated to Chicago, where he

resided until his arrest.

In 2015, Mr. Aleksic married Elissa Avalos in California. They do not have any children

together. Mr. Aleksic filed for divorce in 2019, prior to his relocation to Chicago. In Chicago,

Mr. Aleksic reconnected with a long-time friend from college, Maja Djuretic. After

reconnecting, she relocated to the United States to be with Mr. Aleksic. They are now engaged

and have a 1-year-old daughter together. In April 2023, Ms. Djuretic and their daughter moved

back to Montenegro to have the support of both her, and Mr. Aleksic’s parents. Upon release

from custody, Mr. Aleksic and Ms. Djuretic plan to reunite in Montenegro and marry and

continue to build their family.

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III. DEFENDANT’S POSITION REGARDING SENTENCING

This Court exercises broad discretion to determine a just and equitable sentence that

punishes the particular offender, as opposed to just the crime. See, e.g., Pepper v. United States,

131 S.Ct. 1229, 1240 (2011); United States v. Ramirez-Mendoza, 683 F.3d 771, 777 (7th Cir.

2012). After first calculating the applicable suggested Guidelines range, district courts are then

tasked with imposing a sentence that is reasonable under 18 U.S.C. § 3553(a). However, because

the suggested Guidelines ranges are not presumed to be reasonable, this Court must consider

whether they actually conform to the particular circumstances of the case. See, e.g., Nelson v.

United States, 555 U.S. 350 (2009) (per curiam); United States v. Dean, 414 F.3d 725, 730-31

(7th Cir. 2005). So long as the selected sentence is “rooted in § 3553(a), sufficiently

individualized to the circumstances of [the] case, and generally associated with sentencing

leniency[,]” a below guidelines sentence is appropriate. United States v. Wachowiak, 496 F.3d

744, 745 (7th Cir. 2007).

As set forth below, Mr. Aleksic respectfully asks this Court to use its discretion, in

accordance with the § 3553(a) factors and Gall, to impose a sentence below the advisory

Guidelines range.

IV. APPLICATION OF 18 U.S.C. §3553(A) FACTORS

As indicated in the Plea Agreement, and detailed in the PSR, the parties agreed to the

applicable Guidelines, the offense level calculations, the criminal history category, and

anticipated advisory sentencing guidelines range. As mentioned above, including all applicable

enhancements and a decrease for acceptance pf responsibility, the resulting Total Offense Level

is calculated to be 22. Given Mr. Aleksic’s Criminal History Category I, the resulting suggested

Guidelines range is 41 to 51 months.

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A. 3553(a)(1): THE NATURE AND CIRCUMSTANCES OF THE OFFENSE
AND THE HISTORY AND CHARACTERISTICS OF THE DEFENDANT

The nature and circumstances of the offense provide strong mitigation. As set forth

above, Mr. Aleksic is a young, hard-working, and family-focused individual who sought to make

a better life for himself and his family in the United States and who, unfortunately, made a series

of poor decisions. He has tremendous remorse for his misconduct, evidenced in part by his

willingness to speak with authorities when apprehended. He fully appreciates the seriousness of

his conduct, and fully accepts responsibility for his transgressions.

Letters of Support

Additional insight into Mr. Aleksic’s character and, just as importantly, his capacity for

rehabilitation, is evident upon review of his numerous letters of support (attached hereto).

Despite his poor choices that bring him before this Court, Mr. Aleksic’s caring nature and regard

for those who depend upon him is clear. For example, in their letter, Mr. Aleksic’s parents note

that Mr. Aleksic always exhibited “great empathy” and was “always willing to put others’ needs

before his own.” They do not excuse his poor choices, but emphasize that he is “much more and

better than” the mistakes. Rather more important, his parents note that Ms. Djuretic and their

new granddaughter live with them and eagerly await his return.

Ms. Djuretic’s parents convey the same level of support for Mr. Aleksic and hopes for his

future with their daughter and granddaughter. In their letter, they note that they had not only

heard great things about Mr. Aleksic when he met their daughter in college, but “saw it for

[them]selves.” They describe his quick generosity toward those who had suffered bad weather in

Montenegro. They also describe the importance of his relationship with Ms. Djuretic during his

move to the United States. Her parents reflect “how happy they are” together and lament the

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devastating impact of their current separation. Most importantly, in spite of their recognition of

the seriousness of the charges against him, they remain supportive of Mr. Aleksic and anticipate

his eventual return to Montenegro to rejoin his growing family.

Mr. Aleksic has also received support from those who interact with him in custody. Of

particular value, the Staff at Jerome Combs Detention Center, with Crossroads Prison Ministries

have submitted a letter attesting to Mr. Aleksic’s character and positive qualities. In their letter,

H. Rose notes that Mr. Aleksic, who has been involved with this program since December 2022,

“works diligently and follows through on his commitments.” He is also “a conscientious student

and a joy to work with.”

The great outpouring of support that Mr. Aleksic has received in the attached letters

collectively confirms that Mr. Aleksic’s true character cannot be narrowly defined by his

involvement in the current offense. While neither he, nor any of his supports, diminish the

seriousness of his conduct, they champion his eventual recovery from this incident and his return

to his family and community.

B. 3553(a)(2): THE NEED FOR THE SENTENCE IMPOSED TO REFLECT
THE SERIOUSNESS OF THE OFFENSE, TO PROMOTE RESPECT OF
THE LAW, TO PROVIDE JUST PUNISHMENT AND ADEQUATE
DETERRENCE, AND TO PROVIDE THE DEFENDANT WITH NEEDED
MEDICAL CARE

This Court is inherently tasked with an incredibly difficult decision as to what a just and

equitable punishment is for any given defendant. While the Guidelines provide a suggested

benchmark, they fail to account for the specific individual who committed the offense at issue.

Although the parties have agreed to the calculated advisory guidelines range, it remains “greater”

than necessary to achieve the legitimate aims of sentencing. Here, Mr. Aleksic is a 34-year-old,

first time nonviolent offender. In addition, the instant offense did not involve the use of violence

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or the possession of weapons. And while he makes no effort to minimize the seriousness of the

offense and fully understands the need for retribution, an appropriate sentence in this case should

vary from the merely advisory Guidelines.

A core finding of research involving the deterrent effect upon the criminal justice system

reveals that deterrence is primarily a function of the certainty of punishment, not its severity.1

Daniel Nagin, one of the foremost scholars of deterrence in the United States, found that “the

effect of certainty rather than severity of punishment reflect[s] a response to the certainty of

apprehension.” It is the certainty of punishment, the likelihood of getting caught, prosecuted, and

punished, that will deter the general public, not the severity of prison time. Mr. Aleksic’s

conduct in this case has already resulted in certain punishment, a federal felony conviction,

which will affect him for the rest of his life.

Deterrence research also shows that longer terms of imprisonment yield diminishing

returns for public safety as individuals “age out” of high-crime years.2 As someone who has

never been subjected to a term of imprisonment, any incarceration will undoubtedly have a

severe impact on Mr. Aleksic, certainly more so than someone previously subjected to

imprisonment. See United States v. Baker, 445 F.3d 987, 990-92 (7th Cir. 2006) (upholding

downward variance based on the fact that “a prison term would mean more to [a defendant who

has never been incarcerated before] than to a defendant who previously has been imprisoned.”).

In addition, as the Court is more aware of than most in society, a federal conviction is a life-long

stigma that carries serious and severe consequences for not only Mr. Aleksic, but his family as

1
See Daniel S. Nagin, Deterrence in the Twenty-First Century: A Review of the Evidence, 42 Crime and Just. 199,
207 (2013).
2
Marc Mauer, Long-Term Sentences: Time to Reconsider the Scale of Punishment, 87:1 UMKC Law Review 113,
121 (2018).

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well. Such punishment provides a permanent reminder of his wrongdoing, and, for Mr. Aleksic,

carries a high degree of guilt and shame.

C. 3553(a)(6): THE NEED TO AVOID UNWARRANTED SENTENCING
DISPARITIES

Section 3553(a)(6) requires the Court to consider “the need to avoid unwarranted

sentencing disparities among defendants with similar records that have been found guilty of

similar conduct.” 18 U.S.C. 3553(a)(6).

Six other individuals were charged in cases related to Mr. Aleksic’s. Marko Nicolic pled

guilty and is scheduled for sentencing on November 15, 2023. Milica Sumakovic plead guilty

and is awaiting sentencing. Maja Nikolic, Nebojsa Simeunovic, Mijajlo Stanisic, and Dorde

Todorovic are all presently considered fugitives.

When comparing Mr. Aleksic to similarly situated defendants in the national arena, we

turn to the United States Sentencing Commission, which reports that in fiscal year 2022, the

average sentence for government benefits fraud offenders was 19 months. Among these

offenders 45.1% of these offenders received a variance, with 96.2% receiving a downward

variance, with an average sentence reduction of 59.7%. For money laundering offenders, 42.2%

of these offenders received a variance, with 97.8% receiving a downward variance, with an

average sentence reduction of 48.8%.

D. THE KINDS OF SENTENCES AVAILABLE

Justice would not be served by incarcerating Mr. Aleksic for a lengthy period of time.

Given his unwavering acceptance of responsibility and his continued desire to improve his life,

this Court should consider an alternative to the recommendation and sentence Mr. Aleksic to a

below guidelines sentence. Additionally, Mr. Aleksic presents an extremely low risk for

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recidivism due to his low Criminal History Category. The lack of a risk for recidivism based on

this factor is supported empirically in recidivist studies. In their recent report, RECIDIVISM OF

FEDERAL OFFENDERS RELEASED IN 2010 (September 2021), the United States Sentencing

Commission (USSC) details the findings of ongoing research of the recidivism of federal

offenders. The USSC data show that offenders with zero criminal history points had the lowest

rearrest rates – slightly more than one-quarter (26.8%) of offenders with no criminal history

points assigned were rearrested during the study period.3 As indicated in the PSR, Mr. Aleksic

has zero criminal history points, falling within the lowest criminal history category. See PSR, at

¶ 49.

WHEREFORE, Defendant, Branko Aleksic, by and through his undersigned counsel,

respectfully requests that this Court impose the minimum possible sentence available to this

Court to impose, and for such other and further relief as is appropriate under the circumstances.

Respectfully submitted,

/s/Sami Azhari
Sami Azhari
Attorney for Defendant

Sami Azhari
Azhari LLC
134 North LaSalle Street
Suite 444
Chicago, Illinois 60602
Phone: (312) 626-2871
Email: sazhari@azharillc.com
Attorney No: 6294661

Sergei Kuchinski
Kuchinski Law Group
211 W. Wacker Drive
Suite 300

3
Ryan Cotter, et al., Recidivism of Federal Offenders Released in 2010, United States Sentencing Commission,
September 2021 at 26.

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Chicago, IL 60606
Phone: (312) 765-7365
Email: sergei@kuchinskilawgroup.com

CERTIFICATE OF SERVICE

I, Sami Azhari, do hereby certify that on the 23rd day of October 2023, I filed the foregoing
Sentencing Memorandum using the CM/ECF system, which will send notification of such filing
in compliance with LR 5.9 for the Northern District of Illinois.

/s/Sami Azhari
Sami Azhari

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