Defendant’s Sentencing Memorandum, United States v. Wagner Sozi (D. Mass., December 6, 2021)

Summary

Defendant's Sentencing Memorandum in the case against Wagner Sozi, Case 1:20-cr-10137-GAO, District of Massachusetts, filed December 6, 2021 as Document 93. Through counsel, Mr. Sozi requests a sentence of time served with probation; the conclusion asks for time served followed by a period of supervised release. The memorandum states that Mr. Sozi pled guilty on May 13, 2021, to the four-count Indictment without a written plea agreement, and that the presentence report puts his criminal history category at I and total offense level at 16, for an advisory sentencing guidelines range of 21 to 27 months. It describes Mr. Sozi's background, work history, substance abuse history and incarceration during COVID-19, and lists attachments including immigration documents, certificates and statements of support.

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

Cite this document

“Defendant’s Sentencing Memorandum, United States v. Wagner Sozi (D. Mass., December 6, 2021).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-no-1-20-cr-10137-dkt-93-d-mass-f386c58491/, SHA-256 e3c3c5e73dec1439e6610abf4140d54b2c89d2bf881e26be901f03b0c2a727c3.

Full text

Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 1 of 12

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA :
:
V. : CASE NO.: 1:20-CR-10137-GAO
:
WAGNER SOZI :

DEFENDANT’S SENTENCING MEMORANDUM

Defendant, Wagner Sozi, by and through counsel, submits this memorandum to aid the

Court with imposing a sentence that is “sufficient, but not greater than necessary” to achieve the

statutory sentencing purposes of 18 U.S.C. § 3553 (a). For the reasons below, Mr. Sozi requests

a sentence of time served with probation.

I. BACKGROUND

The government filed a criminal complaint against Mr. Sozi on June 23, 2020, alleging

Wire Fraud, in violation of 18 U.S.C. § 1343.1 He was arrested on June 25, 2020,2 and initially

appeared before the Court later that afternoon.3 At the government’s request, the Court ordered

him held without bail pending the outcome of a detention hearing,4 which occurred on June 26,

2020, and June 30, 2020,5 respectively. After the two-part hearing, on July 1, 2020, the Court

ordered Mr. Sozi released with conditions that included his participation in an in-patient

substance abuse treatment program.6 Before his release, Mr. Sozi also waived his right to a

preliminary hearing.7

Mr. Sozi was involuntarily removed from the treatment program arranged for him by

U.S. Probation. Once removed, he failed to notify his supervised Pretrial Services Officer.

1
Docket Entry #1.
2
Docket Entry #9.
3
PSR, ¶.1 and Docket Entry #9.
4
Docket Entry #9.
5
Docket Entry #10 and 15.
6
Id.
7
Docket Entry #16.
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 2 of 12

Though he had every intention of enrolling in another program after resolving problems with his

insurance (as recommended by his former lawyer), Mr. Sozi returned home and to work at his

business, all while Pretrial Services believed he was in treatment.

On July 21, 2020, a grand jury returned an indictment against Mr. Sozi alleging with

Counts (1) and (2), Wire Fraud in violation of 18 U.S.C. § 1343; Count (3), Aggravated Identity

Theft, in violation of 18 U.S.C. § 1028A; and Count (4) False or Fictitious Claim, in violation of

18 U.S.C. § 287.8 Mr. Sozi was rearrested following the return of the indictment. Authorities

picked him up on August 21, 2020 and brought him before the Court that same day where his

bail was revoked.9 Mr. Sozi then re-appeared for arraignment on August 27, 2020 at which time

the Court declared him to a violator of his supervised release conditions and ordered that he

remain held without bail.10

On May 13, 2021, Mr. Sozi pled guilty to the four-count Indictment absent any written

plea agreement with the government.11 The Court accepted his pleas and adjudged him guilty.

Mr. Sozi is scheduled to appear for sentencing on December 8, 2021. U.S. Probation issued its

final (and revised) presentence report (PSR) on November 19, 2021. The PSR calculates Mr.

Sozi’ criminal history category at I12 and a total offense level of 16,13 which results in an

advisory sentencing guidelines range of 21 to 27 months.14 The Defense has no objections to the

final PSR.

8
PSR, ¶.22.
9
PSR, ¶.1.
10
Docket Entry #30.
11
PSR, ¶.2.
12
PSR, ¶.47 and 90.
13
PSR, ¶.42 and 90.
14
PSR, ¶.90.
2
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 3 of 12

II. SENTENCING FACTORS AND CONSIDERATIONS

The District Court is required to fashion a sentence that is “sufficient, but not greater than

necessary” to achieve the statutory purposes of punishment set forth in 18 U.S.C. § 3553 (a).

United States v. Booker, 543 U.S. 220 (2005). Sentencing should begin with a calculation of the

applicable sentencing guidelines range. Gall v. United States, 128 S. Ct. 586, 596 (2007) (citing

Rita v. United States, 127 S. Ct. 2456, 2480 (2007)). The guidelines calculation is a starting

point and initial benchmark for the Court to consider, however, it is not the only sentencing

consideration. Id.

A Court may not presume the guidelines range is reasonable but must make an

individualized assessment of each defendant based upon the facts presented in each case. Gall,

128 S. Ct. at 597 (emphasis added). After both parties are afforded an opportunity to argue for

whatever sentence they deem appropriate, the Court must then consider the factors15 of 18 U.S.C.

§ 3553 (a) to determine the most appropriate sentence for the instant case. Id. In the instant

case, Mr. Amaral asks the Court to consider a number of important facts when evaluating his

sentencing recommendation.

15
To determine an appropriate sentence that is sufficient, but not greater than necessary, the Court shall consider the
following:
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed:
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just
punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other
correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the applicable category of offense committed by the applicable category of defendant as set forth in the
guidelines;
(5) any pertinent policy statement issued by the Sentencing Commission;
(6) the need to avoid unwarranted sentence disparities among the defendants with similar records who
have been found guilty of similar conduct; and
(7) the need to provide restitution to any victims of the offense. 18 U.S.C. § 3553 (a).

3
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 4 of 12

(1) Motives for the Offense Conduct

Mr. Sozi makes no effort whatsoever to marginalize the seriousness of his admitted

misconduct. However, he asks the Court to consider the background and circumstances that led

to his actions. Mr. Sozi was laboring under the influence of drug addiction. This contributed to

his poor decision-making at the time. He also needed money to fuel his habit, and especially to

avoid the horrors of withdrawal from opiates. Prior to his involvement in the instant

misconduct, Mr. Sozi had owned and operated a successful autobody repair shop, E&T Auto

Body.16 The shop burned down, and insurance did not pay the claim. This left Mr. Sozi

financially destitute, at least for a period of time, so when the opportunity came along to both

learn and commit fraud, he seized upon it.17

(2) Acceptance of Responsibility

Mr. Sozi has accepted full responsibility for his actions. This includes waiving his right

to a preliminary hearing following his initial arrest, and pleading guilty without the benefit of a

plea agreement. Lastly, he has done everything within his power to mitigate his wrongdoing

since being incarcerated. He asks the Court to take this all into consideration when adjudging

his sentence.

(3) History and Characteristics of Mr. Sozi

Mr. Sozi is age 33 was born in Brazil.18 Mr. Sozi was primarily raised by his paternal

grandmother in Brazil until age 12. He did not have a strong relationship with his parents. His

mother worked a lot locally, and his father traveled a lot due to his employment.19 Mr. Sozi’s

father was also physically and verbally abusive towards him.20 At age 12, he came to the United

16
PSR, ¶.82.
17
Id.
18
PSR, ¶.60.
19
Id.
20
Id.
4
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 5 of 12

States with his mother. His father was already living in Massachusetts. Once here, he moved

around a lot, often changed schools, and had difficulty making friends. He never finished high

school and even spent some time in foster care due to the unstable life afforded by his parents.21

As such, his childhood and adolescence were particularly challenging for him.

Mr. Sozi’s parents are still married, but no longer live in the United States. His father,

with whom he has not spoken in a long while, resides in France,22 and his mother returned to

Brazil.23 Mr. Sozi has a paternal half-sibling, age 6, who lives in Brazil with his mother. He also

has a biological brother, age 12, born to his parents and lives in Brazil.24 Needless to stay, Mr.

Sozi does not have much family in the United States and is pending removal proceedings himself

from this country by Immigration officials. However, he is disputing the removal action, applied

for asylum, and has been given a non-removal letter while his case makes its way through the

Immigration court system.25

Mr. Sozi has one son, Henry Sozi, who is age 12. Henry is the product of Mr. Sozi’s

former romance with Suemilia Silva, age 38. The relationship of 11 years ended poorly. The

two became parents at an early age and neither has the requisite maturity, experience, or

resources in life to foster a healthy relationship. Times have changed and healed old wounds,

such that Mr. Sozi and Ms. Silva have a good relationship now for the purpose of coparenting

Henry.26

In 2018, Mr. Sozi married his best friend’s sister, Siera Shelzi.27 Because of Mr. Sozi’s

relationship with Siera brother’ (Brandon Shelzi), the two have known each other since

21
PSR, ¶.61.
22
PSR, ¶.63.
23
PSR, ¶.64.
24
PSR, ¶.62.
25
Id.
26
PSR, ¶.69.
27
PSR, ¶.70.
5
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 6 of 12

childhood when Mr. Sozi came to the United States.28 Brandon Shelzi died on November 5,

2015, due to drug overdose. This had a profound impact of Mr. Sozi psychological, as Brandon

was like a brother to him. He continued to remain close with the Shelzi family, even after

Brandon’s death and eventually married Siera. She is obviously aware of Mr. Sozi’s current

legal circumstances and remains supportive of him during this difficult time.

(4) Employment and Business Experience

Mr. Sozi and his wife now own South Medford Auto Body Shop where Mr. Sozi was

working at the time of his arrest.29 Ms. Shelzi is the president, treasurer, secretary, and director.30

After their former business was destroyed by fire and insurance failed to pay the claim,31 Siera

was able to secure the necessary financing to start this new business. Prior to his arrest, Mr. Sozi

was the lifeblood South Medford Auto Body Shop. He was able to bring in a significant number

of auto body repair jobs each month. He was also resourceful in his ability to find and maintain

quality employees to work in the shop, who complimented his efforts. Since Mr. Sozi’s arrest,

Ms. Shelzi struggles each month to keep this business open and operating. Employees quit.

Those who remained on board challenged her knowledge and authority. Insurance

representatives have sought to take advance of her young age and inexperience, and overall,

many customers who followed Mr. Sozi have found other providers. Notwithstanding this

adversity, Ms. Shelzi continues to survive each month, hoping to keep the business alive until

Mr. Sozi can return to resuscitate it.

28
Id.
29
PSR, ¶.81.
30
Id.
31
The PSR notes in footnote 3 that this fire was ruled an arson. Neither Mr. Sozi nor Ms. Shelzi were charged with
any crimes arising from this fire, and are represented by a lawyer who is pursuing civil claims against the former
body shop’s insurance carrier for its failure to pay the claim.
6
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 7 of 12

As stated above, before South Medford Auto Body, Mr. Sozi owned E&T Auto Body,

Inc. for two years before the fire.32 Mr. Sozi did not collect unemployment benefits or receive

any financial insurance benefits from the fire. E&T grossed approximately 1.3 million a year

while in operation.33 Mr. Sozi started that business after acquiring autobody experience with City

Line Auto Body from 2011 to 2013 and Pro Collision Center from 2013 to 2014.34 He saved up

enough money to open his own shop, build that company up successfully, and lost everything in

the blink of an eye when the fire destroyed the shop and the insurance failed to pay the claim.

Siera is holding on to the South Medford Auto Body shop, as best as she can.35 If Mr.

Sozi is released from incarceration before the business completely fails, he is confident he can

rebuild it back, and make it equally, if not more successful than E&T. He is counting on this as

his way to not only support his family, but to comply with the anticipated financial restitution

order of his Court once he is sentenced. The mere existence of this shop provides Mr. Sozi with

both hope and an immediate employment opportunity upon his release. Once this shop was up

and running, Mr. Sozi’s involvement with the charged and admitted misconduct had come to an

end. He was no longer focused on outward fraud as a means for money but had turned his

attention inward by starting and growing a second body shop. He fully intends to join his wife

and rebuilding this business together upon his release.

(5) Substance Abuse History

Mr. Sozi has a longstanding history of substance abuse.36 Historically, he first consumed

alcohol at age 7 or 8. He started with marijuana at age 12 and smoked it regularly until age 28.

At age 19, Mr. Sozi tried cocaine. In 2011, Mr. Sozi broke his right leg in Brazil and was

32
PSR, ¶.82.
33
Id.
34
Id.
35
While being run solely by Ms. Siera, the company maintains a 5-star rating with Google.
36
PSR, ¶.76.
7
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 8 of 12

prescribed Percocet by a doctor for pain relief in 2013. This is how his opiate addition formed.

At the time of his arrest, Mr. Sozi was using approximately one gram of Percocet daily.37 Mr.

Sozi also used fentanyl as well because he purchased pills containing fentanyl believing they

were Percocet.38 He did not purposely use this drug.

Upon his initial release in July 2020, Mr. Sozi entered a treatment program, but was

involuntarily removed. He then joined the Twelve Step Program of New England where he

participated in out-patient treatment and drug testing. Since his incarceration, Mr. Sozi joined a

Suboxone program and participates in substance use education classes.39 Mr. Sozi wants to stay

involved with treatment and hopes to be a sponsor to others upon his release. He is presently

not experiencing any cravings and has been clean and sober for approximately 15 months. He

asks the Court to credit his accomplishments in this regard, and acknowledge that his use and

abuse of drugs, at least in part, contributed to his poor decisions to involve himself with fraud.

(5) Incarcerated During COVID-19

Mr. Sozi has remained incarcerated since August 20, 2020. The past 15 months of

incarceration for him have been during the COVID-19 pandemic. Life behind bars during this

period was particularly arduous. Beginning in March 2020, the facility where Mr. Sozi is

housed, Norfolk County Community Correctional Center, cancelled all detainee programming

related to religion, education, and mental health. At times, all inmates were locked in for

considerable period of time with no access to phones, showers, and more.

For periods, the facility did not serve or offer hot meals. Legal calls, receipt of mail, and

property requests have also been inconsistent. Family visits were also discontinued. Needless to

say, these conditions fell considerably short of the minimum standards that a confinement facility

37
PSR, ¶.76.
38
Id.
39
PSR, ¶.78.
8
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 9 of 12

should adhere to when charged with the health, welfare, and safety of inmates. Mr. Sozi asks the

Court to consider these particularly hard times when fashioning his sentence.40

(6) Collateral Immigration Consequences of Conviction

As stated above, Mr. Sozi is not a U.S. citizen. He is a Brazilian citizen who is pending

both removal and asylum proceedings. Because of the aggravated felonies to which he pleaded

guilty, he is subject to deportation – a collateral consequence not incurred by citizen-offenders –

upon completing his jail sentence. See Jordan v. De George, 341 U.S. 223, 232 (1951) (Jackson,

J.) (deportation is “a life sentence of banishment in addition to the punishment which a citizen

would suffer from the identical acts.”). See United States v. Szanto, 2007 WL 3374399 (N.D. Ill.

Nov. 8, 2007) (district court granted downward department variance based on, among other

things, defendant’s agreement to be deported).

Non-citizen offenders are rarely, if ever, eligible for early release, supervised release, or

similar programs. See e.g., United States v. Navarro-Diaz, 420 F.3d 581 (6th Cir. 2005) (district

court noted defendant would be punished more than a citizen due to ineligibility for six-month

half way house at end of term); United States v. Pacheco-Soto, 386 F. Supp. 2d 1198 (D.N.M.

2005) (deportable alien convicted of drug crime sentenced to 60 months, rather than minimum

guideline term of 74 months, in light of his ineligibility for early release, minimum security

prison, or credits for participation in residential drug or alcohol abuse program). Further,

persons subject to deportation upon completion of a sentence typically spend additional time in

40
In the matter of United States v. Esperitusanto, Case No. 19-CR-10136-ADB, on January 29, 2021, the Honorable
Allison D. Burroughs in the District of Massachsuetts sentenced a Defendant, who had spent 23 months in pretrial
custody at the Wyatt, to 33 months of incarceration where the applicable advisory guidelines range was 46 to 57
months. The Court imposed the 13-point variance, or 28% discount from the bottom end of the range because the
Defendant both contracted COVID-19 and spent time incarcerated during the pandemic, under arduous and
extraordinarily restrictive conditions.
9
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 10 of 12

immigration custody while awaiting deportation. Mr. Sozi asks this Court to this into

consideration when fashioning his sentence.

(7) Time Served

As of the date of sentencing, Mr. Sozi will have served approximately 16 months in

pretrial custody. He was initially arrested on June 25, 2020 and placed on pretrial release on July

1, 2020, for an initial pretrial confinement term of seven (7) days. He was then rearrested on

August 21, 2020 and has remained held continuously up to the present time. As his sentencing

hearing on December 8, 2021, this will be a term of 475 days or 15 months and 18 days.41

While in custody, Mr. Sozi has had no disciplinary problems. As mentioned above, he

has participated in substance abuse treatment. He also acquired a custodial certification, after

successfully completing a 5-week program. This enabled him to acquire a job at the correctional

facility. Mr. Sozi also completed programs in Anger Management, Health Relationships,

Substance Use, Hazmat First Responders, and Bloodborne Pathogens. He has sought to use his

time in prison constructively but gaining sobriety, taking courses, and maintaining a job.42 He

asks the Court to factor this all in when determining his sentence.

III. MISCELLANEOUS REQUESTS

If this Court decides to impose a term of incarceration beyond time served, Mr. Sozi

asks the Court to recommend to the BOP that he be allowed to serve his jail sentence in a facility

as close to Massachusetts as possible, to afford him the opportunity to receive visitation from his

family members. He also asks the Court to recommend to the BOP that he be allowed to

participate in the Residential Drug Abuse Program (RDAP), should he have enough time

remaining on his sentence and he otherwise qualifies for participation.

41
https://www.timeanddate.com/date/durationresult.html?m1=08&d1=21&y1=2020&m2=12&d2=08&y2=2021&ti=
on
42
PSR, ¶.75.
10
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 11 of 12

IV. ATTACHMENTS

A. Immigration Documents;

B. Letter from Twelve Steps Education Program;

C. Certificates;

D. Statements of Support; and

E. Photos.

V. CONCLUSION

Based upon the foregoing, Mr. Sozi respectfully asks the Court to impose a sentence of

time served followed by a period of supervised release, which he contends is “sufficient, but not

greater than necessary” to achieve the objectives of 18 U.S.C. § 3553 (a).

Respectfully submitted this 6th day of December 2021.

Respectfully submitted,
Defendant,
Wagner Sozi
By his Counsel,

/s/ John L. Calcagni III, Esq.
John L. Calcagni III (BBO# 657433)
Law Office of John L. Calcagni III, Inc.
72 Clifford Street, Suite 300
Providence, RI 02903
Phone: (401) 351.5100
Fax: (401) 351.5101
Email: jc@calcagnilaw.com

11
Case 1:20-cr-10137-GAO Document 93 Filed 12/06/21 Page 12 of 12

CERTIFICATION

I hereby certify that this document, filed through the ECF system, will be sent
electronically to the registered Participants as identified on the Notice of Electronic Filing (NEF)
and paper copies will be sent to those indicated as non-registered participants on December 6,
2021.

File and source

File: 93.pdf
Size: 186,976 bytes
SHA-256: e3c3c5e73dec1439e6610abf4140d54b2c89d2bf881e26be901f03b0c2a727c3
Our copy: 93.pdf
Original: storage.courtlistener.com