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Defendant’s Sentencing Memorandum, United States v. Alexander Alli (M.D. Fla., June 3, 2024)

Summary

The defendant's sentencing memorandum, filed June 3, 2024 as Document 143 in United States v. Alexander Alli, Case No. 8:23-CR-24-CEH-SPF, in the U.S. District Court for the Middle District of Florida, Tampa Division, ahead of the June 10, 2024 sentencing hearing. It asks for home incarceration with supervised release and restitution (including interest) of $82,107.00. The memorandum states the defendant was found guilty of all three counts on March 15, 2024 and that the presentence report calculates a total offense level of 13, criminal history category I and a range of 12 to 18 months. It describes an EIDL application for Almar Sales and Services prepared with an uncharged tax preparer and argues for a variance based on the defendant's work history, lack of criminal history and possible deportation. It is signed /s/ Howard J. Williams, Assistant Federal Defender.

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“Defendant’s Sentencing Memorandum, United States v. Alexander Alli (M.D. Fla., June 3, 2024).” Original at ecf.flmd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-usa-v-alli-dkt-143-m-d-fla-61b7df620d/, SHA-256 ea0613dfa26ebc572b4c2ce1fcd7961b9ae7884377d4bb55c5279c47c4b04c3e.

Full text

Case 8:23-cr-00024-CEH-SPF        Document 143       Filed 06/03/24    Page 1 of 10 PageID
                                        1199



                      UNITED STATES DISTRICT COURT
                       MIDDLE DISTRICT OF FLORIDA
                             TAMPA DIVISION

UNITED STATES OF AMERICA

v.                                                    Case No.: 8:23-CR-24-CEH-SPF

ALEXANDER ALLI
________________________________/

               DEFENDANT’S SENTENCING MEMORANDUM

       COMES NOW, the Defendant, ALEXANDER ALLI, by and through his

undersigned counsel, and submits this Sentencing Memorandum in advance of the

June 10, 2024 sentencing hearing. After considering the sentencing guidelines, the

18 U.S.C § 3553(a) factors, and argument from counsel, Mr. Alli asks this Court to

impose a sentence of home incarceration along with supervised release to include

the payment of restitution (including interest) of $82,107.00.

                                 PROCEDURAL HISTORY

       On January 18, 2023, Mr. Alli was indicted for conspiracy to commit wire and

wire fraud based on an Economic Injury Disaster Loan (EIDL) application in

violation of 18 U.S.C. §1343 & §1349. 1 Doc. 1. On February 24, 2023, Mr. Alli

made his initial appearance, and the Court ordered Mr. Alli released under pretrial

release conditions. Doc. 13.


1
 The Government filed a superseding indictment on September 13, 2023, charging an additional
count of wire fraud under 18 U.S.C § 1342.
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      On March 15, 2024, Mr. Alli was found guilty of all three counts of the

superseding indictment after a jury trial. Post trial, this Court ordered Mr. Alli to

remain on pretrial release pending sentencing with the modified condition that he be

placed on home detention. Doc 130. Mr. Alli has remained in full compliance with

his conditions of release since implementation.

                         SENTENCING GUIDELINES

      The PSR calculates Mr. Alli’s total offense level as a 13 and a criminal history

category I, resulting in an advisory sentencing guideline range of 12 to 18 months of

incarceration. PSR ¶ 88. As noted in the PSR, a sentence of imprisonment may be

substituted pursuant to subsection USSG §5C1.1(e).

              NATURE AND CIRCUMSTANCES OF THE OFFENSE

      At the time of this offense, Mr. Alli was employed full-time for Endeavor Air

working as a mechanic. Mr. Alli had created a business with the assistance of his

uncharged co-defendant, Maria Sostre who worked as a tax-preparer at H&R Block.

The name of the business was a combination of both of their names, Alexander and

Maria which was Almar Sales and Services. The business had been in existence

since 2018 which would have been two years before Covid and the creation of the

EIDL loan. At the time of the covid outbreak, Ms. Sostre was working as a tax

preparer and had even prepared Mr. Alli’s personal taxes in previous years. Mr. Alli

had informed Ms. Sostre that he wanted to utilize Almar Sales and Services to



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purchase semi-trucks and conduct business utilizing the trucks. Ms. Sostre informed

Mr. Alli that his business was eligible to receive a loan. Ms. Sostre, with some

assistance from Mr. Alli completed the EIDL loan application and applied for him

to get the loan for his business.

      On April 4, 2020, an EIDL loan application was submitted for Almar Sales

and Services from Ms. Sostre’s office located in Port St. Lucie, Florida. The

proceeds from the loan were to be submitted to a bank account that was owned by

Mr. Alli. On April 14, 2020, a second loan application for Almar Sales and Services

was also submitted from Ms. Sostre’s office, except the proceeds from this loan

application were to be redirected to an account exclusively maintained by Ms.

Sostre.

      After the loan application was submitted, it was approved by the Small

Business Administration for $80,500.00. On July 23, 2020, Mr. Alli executed the

loan documents that were provided by Ms. Sostre. The entire loan documents were

executed by Mr. Alli in less than 20 seconds. The loan application was then

submitted from an address in Port St. Lucie, Florida even though Mr. Alli’s phone

records clearly show that he was in Tampa, Florida at the time of the submission.

On July 27, 2020, the funds were transferred to Mr. Alli’s bank account. Mr. Alli

was found guilty after a jury trial of conspiracy to commit wire fraud, and two counts

of wire fraud. Mr. Alli has acknowledged to this court that he did review and sign



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the loan application. As of the filing of this memorandum, Mr. Alli’s uncharged co-

defendant, Maria Sostre has yet to be arrested for her actions and continues to

perform tax consulting and tax preparation for clients in the Port St. Lucie area. Mr.

Alli takes full responsibility and is truly remorseful for his actions in this case.

             HISTORY AND CHARACTERISTICS OF MR. ALLI

      Alexander Alli was born on September 30, 1984, in Benin City, Nigeria, to

John Eboze Alli and Magdalene Alli. PSR ¶ 48. Benin City’s rich history dates back

to 1200 CE2 when it was once a thriving city in West Africa. The walls of Benin

were once described in the Guinness Book of World Records as the largest earthwork

carried out prior to the mechanical period3. This is the historical city in which Mr.

Alli was born. Mr. Alli’s early childhood was rather normal growing up with two

sisters and a brother in his home. His childhood did take turn for the worse at about

15 years old when his parents separated. PSR ¶ 50. Since Mr. Alli was the eldest

son, he was required to go live with his father unlike his other siblings. This was

rather difficult for him as his father’s family were not as embracing of him. His aunts

and uncles held resentment toward Mr. Alli’s mother for the separation and took that

resentment out on him. To this day he can still recall his father’s family telling him

that “he would not amount to anything”. Id.


2
 https://education.nationalgeographic.org/resource/kingdom-benin/
3
 https://www.guinnessworldrecords.com/world-records/97959-longest-earthworks-of-the-pre-
mechanical-era


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      Despite the lack of paternal support and confidence, Mr. Alli graduated from

high school and attended college in Nigeria PSR ¶ 69. Mr. Alli graduated from

Ambrose Alli University with a Bachelor of Science in Mathematics PSR ¶ 70.

(Exhibit A). In 2016, Mr. Alli moved to the United States on a conditional permanent

resident application with hopes of making his family proud and his dreams come

true. While in the United States, Mr. Alli has maintained employment and continued

to advance his educational goals. Mr. Alli was first able to get accepted and attend

National Aviation Academy in Clearwater, Florida (See Exhibit B). He would go on

to attend the training program and successfully earn several awards and certificates

of completion within the aviation maintenance sector (See Composite Exhibit C).

Mr. Alli would utilize his training certifications to obtain employment working in

the airline industry conducting aircraft maintenance and repairs. In 2019, Mr. Alli

was employed by Endeavor Air working as an airline mechanic for Delta Airlines

PSR ¶ 79. His work within the airline industry required extensive training and even

airport security clearance (See Composite Exhibit D). Even while working full-time

Mr. Alli was simultaneously attending college to ensure his ability to advance in his

profession. In 2023, Mr. Alli graduated from Everglades University with a

bachelor’s degree in aviation/aerospace concentration in aviation maintenance

management while working full-time and on pretrial release for the pending charges

PSR ¶ 72. (See Exhibit E). Mr. Alli even enrolled in their master’s degree program



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for Aviation Science Operations. Id.

      Mr. Alli’s life has not just been defined by his career and educational

accomplishments but also by his love to his family as evidenced by the letters of

support (See Composite Exhibit F). Mr. Alli is not just a father to his two kids, but

also serves as a stepfather to his wife’s children. Mr. Alli also assists with the care

for his wife’s mother. Mr. Alli is loved and supported by not just his family but also

his church. Mr. Alli is truly regretful for his actions and decisions in this case. Mr.

Alli never expected the money to be a windfall and always had the intention of

paying back the portion of the loan as required.

          MR. ALLI RESPECTFULLY ASKS THIS COURT FOR A
                      DOWNWARD VARIANCE

The PSR has calculated the offense level as follows:

      Base Offense Level                               7
      Intended Loss ($40,000 to $95,000)               6
      Special Offense Characteristics:
       (fraud connected to major disaster)            +2
                                                      15
      Zero-Point Offender                             -2
      Total Offense Level                             13

      Based on the calculations above, Mr. Alli’s sentencing range is 12–18 months,

and he falls in Zone C of the sentencing guideline range. Mr. Alli’s offense range is

given a 6-level enhancement for the loan amount pursuant to USSG §2B1.1(b)(1)(D)

due to the amount of the loan being between $40,000- $95,000.00. Under Zone C of

the Sentencing Guidelines, Mr. Alli may be given a sentence which only requires

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that he serve at least half of his term in the bureau of prisons and the remainder of

his sentence may be satisfied by a term of supervised release along with home

confinement. PSR ¶ 88. If the Court were inclined to vary down just two-levels, this

would place Mr. Alli into Zone B of the Sentencing Guidelines which would permit

a sentence with community confinement and/or home detention. If Mr. Alli had not

exercised his constitutional right to have a trial, he would have fallen within Zone B

of the Sentencing Guidelines.

                REQUEST FOR A REASONABLE SENTENCE
                    PURSUANT TO 18 U.S.C. § 3553(a)

      As outlined above, Mr. Alli’s work ethic and lack of criminal history should

be taken into consideration of a sentencing decision. While his history and

characteristics do not excuse Mr. Alli’s actions, he hopes that this Court will give it

consideration when imposing sentence.

      As the Court is aware, the decision of the United States Supreme Court in

United States v. Booker, has rendered the United States Sentencing Guidelines

“effectively advisory.” Booker, 125 S. Ct. 738, 756 (2005). Pursuant to Booker,

sentencing courts are required to consider a defendant’s Guideline range, but may

“tailor the sentence in light of other statutory concerns as well.” Id. (citing 18 U.S.C.

§ 3553 (a)). In Mr. Alli’s case, a sentence of imprisonment within his guideline range

would be greater than necessary to accomplish the purpose of sentencing and a

downward variance that consisted of home confinement in lieu of prison followed

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by supervised release would comply with the requirements of 18 U.S.C §3553(a).

      Section 3553(a)(2)(7), lists some purposes of sentencing, which can be

summarized as:

      (2) the need for the sentence imposed to provide:
             (A) just punishment;
             (B) deterrence;
             (C) protection of the public; and
      (7) the need to provide restitution to the victims

      Each of the purposes outlined above would be achieved by a non-custodial

sentence in this case. Mr. Alli has been on pretrial release since his initial arrest and

has been on home detention since trial. A sentence of home confinement in this case

would be adequate punishment for someone such as Mr. Alli who does not have a

criminal history. As of the drafting of this memorandum, Mr. Alli’s co-defendant in

the case who was responsible for the preparation of the loan application has not even

been arrested. As for punishment, due to Mr. Alli’s immigration status, he is very

likely to face the possibility of deportation. This punishment of being permanently

removed from this country and his family is certainly sufficient punishment in the

case. Allowing Mr. Alli the ability to be placed on home confinement would provide

him the opportunity to repay his EIDL loan while making adequate preparations for

his family if he is ultimately removed from the United States.

      As for deterrence from criminal activity in the future, Mr. Alli did not have a

criminal history prior to these charges and allowing him to remain on house arrest



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and continue to regain employment in his profession will ensure that Mr. Alli

continues to be a productive member of society. Mr. Alli has made a bad decision in

this case, but he definitely has the ability to right this wrong and make amends for

his actions.

      The need to provide restitution in the case would be best benefitted if Mr.

Alli was given a non-incarcerate sentence. Mr. Alli will hopefully be able to regain

employment in his profession of aircraft maintenance. If Mr. Alli were sentenced

to a term of prison, he would lose his job, his income, and his restitution payments

would be delayed. If the Court does not impose a prison sentence Mr. Alli may be

able to regain employment in his chosen field and restart restitution payments

immediately.

                                      CONCLUSION

      Mr. Alli is a hard-working immigrant that made a poor decision in this case.

Mr. Alli understands that this Court will penalize him for his actions, but he asks

that the Court impose a sentence that will allow him to regain his employment and

continue to provide for his family.

      Defendant, ALEXANDER ALLI, respectfully requests this Court impose a

sentence of home confinement followed by a term of supervised release.

      Respectfully submitted this 3rd day of June 2024.




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                                                A. FITZGERALD HALL, ESQ.
                                                FEDERAL DEFENDER

                                                /s/ Howard J. Williams
                                                Howard J. Williams, Esq.
                                                Florida Bar No. 0100083
                                                Assistant Federal Defender
                                                400 North Tampa Street
                                                Suite 2700
                                                Tampa, Florida 33602
                                                Telephone: (813) 228-2715
                                                Facsimile: (813) 228-2562
                                                Email: Howard_Williams@fd.org

                           CERTIFICATE OF SERVICE

       I HEREBY CERTIFY that on this 3rd day of June 2024, a true and correct

 copy of the foregoing was filed with the Clerk of the Court using the CM/ECF

 system, which will send notice of the electronic filing to:

       AUSA, Jennifer Peresie

                                                /s/ Howard J. Williams
                                                Howard J. Williams, Esq.
                                                Assistant Federal Defender




                                           10


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