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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 1 of 8

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------x

UNITED STATES OF AMERICA,

v. 11 Cr. 614 (VM)

OSCAR ZELEDON,

Defendant.

------------------------------x


October 19, 2012
9:20 a.m.


Before:


HON. VICTOR MARRERO,


District Judge



APPEARANCES


PREET BHARARA
United States Attorney for the
Southern District of New York
BY: DANIEL CHUNG
Assistant United States Attorney

KEHON & FLEISCHER, DUNCAN & FERRANTE
Attorneys for Defendant
BY: JOSEPH FERRANTE


SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 2 of 8

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(Case called)

THE COURT: This is a proceeding in the matter of

United States v. Zeledon, docket no. 11 CR 614, and it is

scheduled as the sentencing the defendant in this matter.

Counsel, please enter your appearances for the record.

MR. CHUNG: Daniel Chung for the government. Good

morning, your Honor.

MR. FERRANTE: Joseph Ferrante for Mr. Zeledon. Good

morning, your Honor.

THE COURT: Good morning.

I have read and reviewed the presentence investigation

report dated October 9th, 2012, prepared in connection with

today's sentencing of Mr. Zeledon.

Mr. Chung, has the government read and reviewed the

report?

MR. CHUNG: Yes.

THE COURT: Does the government have any objections to

the report to raise at this point?

MR. CHUNG: No.

THE COURT: Mr. Ferrante, have you read and reviewed

the report?

MR. FERRANTE: I have, your Honor. I have no

objection.

THE COURT: And have you had an opportunity to discuss

it with your client?

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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 3 of 8

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MR. FERRANTE: I have.

THE COURT: Thank you.

Mr. Zeledon, please rise. Mr. Zeledon, have you read

and reviewed the presentence report?

THE DEFENDANT: Yes, sir.

THE COURT: Have you discussed it with your attorney?

THE DEFENDANT: Yes, sir.

Thank you. Be seated.

On September 7th, 2012, pursuant to a plea agreement,

Mr. Zeledon pled guilty before Magistrate Judge James Francis

to Count Six of indictment S1 11 CR 614 which charged him with

conspiracy to commit visa fraud in violation of 18, U.S.C.

Section 1546(a), a class D felony.

On October 4, 2012, having received and reviewed the

transcript of Mr. Zeledon's plea, the Court accepted the guilty

plea and the Court now reiterates its acceptance of

Mr. Zeledon's guilty plea.

Mr. Chung, does the government have any additional

comment for the Court's consideration in connection with

sentencing?

MR. CHUNG: No, your Honor.

THE COURT: Thank you.

Mr. Ferrante, do you have any additional comments in

connection with sentencing?

MR. FERRANTE: No, your Honor. Just to thank the

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(212) 805-0300

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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 4 of 8

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government once again for being open to the expedited PSR and

to have a sentencing date placed as quickly as possible, and

also to your Honor and your staff for helping us accomplish

that. I appreciate it on behalf of myself and my client.

THE COURT: Thank you.

Mr. Zeledon, please rise. Is there anything would you

like to say on your behalf before the Court imposes sentence?

THE DEFENDANT: Just I just want to thank you, your

Honor, for helping me out with my injury, sending me to the

hospital, and I'm sorry about doing something against this

government that has given me so much that I love.

THE COURT: Please be seated.

In accordance with the decision by the United States

Supreme Court in United States v. Booker, while the United

States Sentencing Guidelines are not mandatory, the Court

nonetheless must consult those guidelines and take them into

account when sentencing. Therefore, the Court has considered

the findings of fact stated in the presentence report as well

as the guidelines analysis and the recommendations contained

therein.

The Court has weighed this information along with

factors listed in 18, U.S.C. Section 3553(a) in coming to its

final sentencing decision in this case.

The Court adopts the factual recitation in the

presentence report, therefore the Court finds that under the

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 5 of 8

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guidelines Mr. Zeledon's offense level amounts to 9 and his

Criminal History Category falls into Category I. The

recommended range of imprisonment of that offense level and

Criminal History Category is 4 to 10 months.

Mr. Zeledon pled guilty to one count of conspiracy to

commit visa fraud. The probation office has recommended a

sentence of time-served followed by two years of supervised

release. Subsection (a)(1) of 18, U.S.C. Section 3553 requires

that Courts take into consideration the nature and

circumstances of the offense and the history and

characteristics of the defendant. Subsection (a) (2) of

18, U.S.C. Section 3553 requires that the Court consider the

need for the sentence to promote certain objectives of the

criminal justice system, namely punishment, specific and

general deterrence, and rehabilitation.

Pursuant to Section 3553(a)(6) the Court is also

directed to consider the need to avoid unwarranted sentencing

disparities among defendants with similar records and similar

offenses in other cases as well as in the case at hand.

Mr. Zeledon, please rise.

Taking into account the nature and circumstances of

the offense and history and characteristics of the defendant

and considering all of the factors listed in 18, U.S.C. Section

3585(a), the Court finds that a sentence of time-served is

reasonable and appropriate and that such a sentence is

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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 6 of 8

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sufficient but not greater than necessary to promote the proper

objectives of sentencing.

Mr. Zeledon, upon your release from imprisonment you

shall be placed on supervised release for a term of two years.

The Court finds that this sentence, again, is reasonable in

consideration with all of the factors listed in 18, U.S.C.

Section 3553(a). I will not impose a fine because the Court

has determined that you do not have the ability to pay such a

fine; however you are ordered to pay to the United States a

special assessment of $100 which shall be due immediately.

Mr. Chung, is there any forfeiture requirement in this

case?

MR. CHUNG: No, your Honor.

THE COURT: Mr. Zeledon, you must comply with standard

condition 1 through 13 of supervised release on the following

mandatory conditions:

You shall not commit another federal, state or local

crime. You shall not illegally possess a controlled substance.

You shall not possess a firearm or destructive device. The

mandatory drug testing condition is suspended due to the

imposition of a special condition requiring drug treatment and

testing.

In addition, Mr. Zeledon, you shall obey the following

special conditions:

You shall provide the probation officer with access to

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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 7 of 8

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any requested financial information, you shall participate in

an alcohol aftercare treatment program under co-payment plan

which may include testing via breathalyzer at the direction and

discretion of the probation officer. You shall obey the

immigration laws and comply with the directives of the

immigration authorities and you shall submit your person,

residence, place of business, vehicle or any other premises

under your control to a search on the basis that a probation

officer has reasonable belief that contraband or evidence of a

violation of the conditions of release may be found.

The search must be conducted at a reasonable time and

in a reasonable manner. Failure to submit to search may be

grounds for revocation. You shall inform any other residents

that the premises may be subject to search pursuant to this

condition.

Mr. Zeledon, do you understand each of these

conditions?

THE DEFENDANT: Yes, sir.

THE COURT: You shall report to the nearest probation

office within 72 hours of release from custody. The Court

recommends that you be supervised by the district of residence.

The sentence, as stated, is imposed.

Mr. Zeledon, to the extent that you have the right to

appeal your sentence and you are unable to pay the costs of an

appeal, you have the right to apply for leave to appeal in

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300

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Case 1:11-cr-00614-VM Document 185 Filed 11/21/12 Page 8 of 8

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forma pauperis, meaning a poor person. If you make such a

request the Clerk of Court must immediately prepare and file a

notice of appeal on your behalf.

Do you understand your right to appeal, to the extent

that it may exist?

THE DEFENDANT: Yes, sir.

THE COURT: Mr. Chung, are there any remaining counts

or underlying indictments that need to be dismissed at this

time?

MR. CHUNG: Yes. The government moves to dismiss all

open counts against the defendant in this case.

THE COURT: So ordered.

Anything else from the government?

MR. CHUNG: No. Thank you, your Honor.

THE COURT: Anything else from the defendant?

MR. FERRANTE: No, your Honor.

THE COURT: Thank you. Have a good day and have a

good weekend.

o0o

SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805-0300