Case 1:11-cr-00486-DLI Document 1106 Filed 07/30/13 Page 1 of 4 PageID #: 6736
GERALD J. 01 CHIARA
ATTORNEY AT LAw
3 PARK AVENUE, 15TH FLOOR
NEW YORK, NEW YORK 10016
FAX NO. (212) 689-3315
LAURA DI CHIARA. ESQ.
July 30, 2013
Honorable Dora L.Irizzary
United States District Judge
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re: United States v. Faik Mehmeti
11 Cr. 486 (S -1) - 043
Dear Judge Irizzary:
Pursuant to Rule 32 of the Federal Rules of Criminal Procedure
, this letter and
accompanying exhibits are submitted in support of a request for the Court to impose as
lenient a sentence, as possible. Faik Mehmeti, hereinafter referred to as Mehmeti, is
scheduled for sentencing, before Your Honor, on August 13,2013, at 3:00 P.M.
Following the Court's direction, in its individual rules, defendant submitted
objections to the PSR and the Government and copied the Court, in a letter, dated June 5,
2013. Since then most of the factual sentencing and guideline issues addressed have since
been addressed, resolved and the PSR appropriately amended (see Addendum to
Presentence Report, dated June 28, 2013 and Government Letter, dated June 6, 2013).
Consequently, 2013,as reflected in the addendum, by Probation, to the PSR, p.2, the
defendant's advisory guideline range, after the 2 point global credit, would be 51 to 63
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In addition, it is urged that the Court, m determming the appropriate sentence,
consider pursuant to § 3553(a): a) the length of time Mehmeti, has served in the MDC,
under difficult conditions, for the last two years, b) the personal appeals, for leniency,
from Mehmeti, family and friends, accompanying this submission (attached as Exhibits,
A & B, for the convenience of the Court a typed version of Mehmeti's letter Exhibit A is
included in the Exhibit) which provide insight into the positive & remorseful aspects of
Mehmeti, and, most importantly, c) by accepting responsibility early for his acts he
served an instrumental role, through counsel, as part of the "Berisha group" in breaking
the log-jam, in a case, with more than 50 defendants.
It is submitted that our efforts, by being the first group to resolve their matters,
helped in the push to globally resolve, not only the "Berisha" cases, but the cases of the
co-defendants. Counsel and co-counsel in the "Berisha Group" met with the Government.
Counsel and client helped arrange and participated in co-defendant meetings, at MDC.
Multiple co-defendants, far in excess ofthe "Berisha defendants," attended wherein we
exchanged our ideas for resolution and reporting our progress with the Government. By
attempting and helping to resolve this case universally the effort helped save the Court
and the Government from the needless expense of time and money a protracted litigation
would have necessitated.
The defense has no objection to the guidelines calculations contained in the
ADDENDUM TO THE PRESENTENCE REPORT, dated July 16,2013.
Total Guideline Level: 23
Criminal History Category: II
Advisory Guideline Range: 51 to 63 months
The following factual issues, although not affecting the guidelines, remain in the
PSR. As noted, the Probation Addendum addressed and corrected most of Mehmeti's
concerns. The remaining factual issues still exist.
PSR ~ 83(a) is misleading since it gives the impression that
Mehmeti after being ticketed continued to commit "phone
abuse." Mehmeti may have committed 4 infractions for
consensually using the minutes allotted to another inmate but the
tickets for the 4 incidents were served upon him at one time after
the last infraction; (as noted the motivation for the infractions
was his sister'S fatal illness);
Counsel has requested that information from the entire
conspiracy may be inappropriate to include in MehmetFs PSR.
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Although counsel recognizes the general practice of including
all the activity of the co-defendants, in this case, the PSR itself
distinguishes the defendant as part of a separate group from the
co-defendants (see PSR ~ 13).
After discussion with AUSA Steve Tiscione and consistent with
the position taken by the Government and Probation, with other
defendants, PSR ~ 71 should be deleted from the Presentence
Mehmeti is a 38 year old man who has been using marijuana since he was 15
years old PSR ~ 87. He obtained his GED, September 29, 1997, at the age of 22, PSR ~
88. He has written a letter to Your Honor, accepting responsibility and evidencing
remorse for the missteps that have led him to be before the Court (Exhibit A). He reflects
on the harsh conditions he has endured while being incarcerated at MDC especially not
being with his sister at the end of her life. All of the letters submitted in Exhibit B and his
own letter reflect the deep sorrow he has experienced in not being with her when she
passed. As the Court is aware, it is no secret that incarceration at MDC is much harsher
than at a Federal jail. MDC was not meant to be an institution for long periods of
confinement. Due to the many defendants and complexities of this case Mehmeti has
been in MDC for two (2) years.
In his letter he fully accepts responsibility for his wrongdoing. As outlined
previously, he was one of the first to do so and his acceptance and input influenced others
to save needed resources of the Government and Court. He explains the financial
pressures that led him to be involved in this matter but expresses hope for the future in
starting a new life with his fiance'.
In the letters (Exhibit B) from his uncles Cafo Boga and James Boga, his sisters
Hana Mehmeti and Nafijie Castro we learn of a young man who has had a tough
upbringing but who was heroic, who went to Serbia and volunteered to resist the ethnic
cleansing that was being perpetrated there. Mehmeti helped save another volunteer who
lost a leg in the fighting. He was interviewed by Time magazine (Nafie Castro's letter,
Exhibit B).He located members of his family who were thought lost or killed (James
Boga letter).Although he fathered a boy when he was himself a teenager he never turned
his back on his responsibility and his son now attends Temple University. It is very
difficult on Mehmeti that while incarcerated he no longer can help him (James Boga
letter). Jennifer Gjelaj's letter (Exhibit B) evinces hope for the future. It also reflects on a
man that supported her throughout her own mother's fight with cancer and more than that
exposes how Mehmeti would console other patients when he went with her mother for
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treatment. Finally, the common theme of all the letters in support is that Mehmeti is a
person who is there for you when you are in need.
Respectfull y submitted,
~ J.Di Chiara
cc: AU SA Steve Tiscione
AUSA Gina Marie Parlovecchio
USPO John J. Lanigan