U.S.v.Twumasi

United States District Court, S.D. New YorkDec 10, 2002
No. 02 Cr. 1203 (RWS) (S.D.N.Y. Dec. 10, 2002)

No. 02 Cr. 1203 (RWS)

December 10, 2002


SENTENCING OPINION


ROBERT W. SWEET, United States District Judge

On September 13, 2002, defendant Emanuel Twumasi ("Twumasi") pled guilty to one count of unlawful procurement of citizenship or naturalization in violation of 18 U.S.C. § 1425.

The Offense Conduct

On July 31, 1997, and on July 5, 2001, Twumasi submitted applications for naturalization to the Immigration and Naturalization Service ("INS"). On both of these applications, Twumasi reported that he had never been arrested before. On the July 5, 2001 application, Twumasi attached an explanation that stated, I was detained by the Curacao Customs Bureau in 1995; no charges were preferred against me and there was no prosecution.

Contrary to the information set forth in Twumasi's applications, on January 28, 1995, Twumasi had in fact been convicted of narcotics charges, and sentenced to four years' imprisonment in Curacao, Netherlands Antilles. This conviction was prior to both of Twumasi's applications for naturalization that he submitted to the INS. He failed to disclose this conviction on either application.

Twumasi has been in continuous custody since May 21, 2002.

The Guidelines

The guideline for a violation of 18 U.S.C. § 1425 is found in § 2L2.2(a), which provides for a base offense level of 8.

Based on Twumasi's plea allocution, he has shown recognition of responsibility for the offense. Pursuant to § 3E1.1(a), the offense is reduced 2 levels to 6.

Adjusted Offense Level

The adjusted offense level is 6.

Criminal History Category

On an unknown date, Twumasi was arrested on narcotics charges in Curacao, Netherlands Antilles. On January 28, 1995, he was sentenced to four years' imprisonment. Pursuant to § 4A1.2(h), that qualifies for 0 criminal history points.

Because the total of the criminal history points is 0, Twumasi has a Criminal History Category of I.

Applicable Guidelines Range

The maximum term of imprisonment pursuant to 18 U.S.C. § 1425 is 10 years. The Guidelines range for an offender with an adjusted offense level of 6 and a Criminal History Category of I is 0 to 6 months.

Fines

The maximum fine is $250,000, pursuant to 18 U.S.C. § 3571. A special assessment of $100 is mandatory pursuant to § 5B1.2(a)(1).

The Sentence

In light of the foregoing, Twumasi shall be sentenced to time served and three years of supervised release. He shall pay a fine of $500, due immediately, in addition to the special assessment of $100, which is also due immediately.

The following conditions of supervised release are mandatory: Twumasi shall not (1) commit another federal, state or local crime; (2) illegally possess a controlled substance; or (3) possess a firearm or destructive device. The mandatory drug testing condition is waived due to the Court's determination that Twumasi poses a low risk of future substance abuse.

Twumasi will be subjected to the standard conditions of supervision (1-13), as well as the following special conditions: (1) Twumasi shall provide the probation officer with access to any requested financial information; (2) Twumasi shall not incur new credit charges or open additional lines of credit without the approval of the probation officer unless the defendant has complied with the order to pay a $500 fine, due immediately; and (3) Twumasi shall comply with the directives of the Immigration and Naturalization Service and the Immigration laws. Twumasi is to report to the nearest Probation Office within 72 hours of release from custody and is to be supervised by the district of residence. He is to pay the United States a special assessment of $100, due immediately.

This sentence is subject to further hearing on December 12, 2002.