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United States v. Fana

United States District Court for the Southern District of New York

April 10, 2020, Decided; April 10, 2020, Filed

1:19-cr-00011-GHW

Opinion

ORDER

GREGORY H. WOODS, United States District Judge:

Defendant Nader Fana dealt crack cocaine across the street from a school. The Court sentenced him to 16 months of incarceration on March 13, 2020. Dkt. No. 73. That sentence represented a substantial downward variance from the 33-41 month advisory guideline range provided under the Sentencing Guidelines, as a result of the quantity of drugs sold by Mr. Fana and the two criminal history points resulting from his 2013 conviction for robbery in the third degree. In imposing that downward variance, as stated on the record, the Court was very mindful of the admonition contained in 18 U.S.C. § 3553(a) to impose a sentence that was "not greater than necessary" to comply with the purposes set forth in the statute. Now, less than three weeks after being sentenced, Mr. Fana requests that the Court direct the Bureau of Prisons (the "BOP") to designate him immediately to a halfway house or home confinement because, he contends, the Attorney General has failed to comply with his obligations to consider pre-release custody [*2]  under 18 U.S.C. § 3624(c)(1) and (2). Because Mr. Fana has no clear right to be designated to a halfway house or home confinement at this time, Mr. Fana's motion is DENIED.

I. BACKGROUND

On January 7, 2019, Mr. Fana and his two co-defendants were named in a one count indictment charging them with conspiracy to violate the narcotics laws of the United States in violation of 28 U.S.C. §846. Dkt. No. 1. Mr. Fana appeared before Magistrate Judge Parker on January 11, 2019, and was released subject to a personal recognizance bond and other conditions. Dkt. No. 14. After a series of conferences to schedule discovery and motion practice, the Court entered an order scheduling trial on June 6, 2019. Dkt. No. 32. Mr. Fana pleaded guilty before Magistrate Judge Lehrburger on September 24, 2019, Dkt. No. 48, and the Court accepted his plea on September 29, 2019. Dkt. No. 51. Mr. Fana remained at liberty following his plea.

The Court conducted a sentencing hearing for Mr. Fana on January 29, 2020. Dkt. No. 76 ("Tr."). After properly calculating the defendant's advisory sentencing guidelines range, the Court analyzed the factors set forth in 18 U.S.C. § 3553(a) and concluded that a sentence of sixteen months and three years of supervised release represented [*3]  the sentence that was "sufficient but not greater than necessary" to comply with the purposes of sentencing.

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2020 U.S. Dist. LEXIS 63403 *

UNITED STATES OF AMERICA, -v- NADER FANA, Defendant.

CORE TERMS

sentence, mandamus, confinement, conditions, reentry, Prisons, inmate, halfway house, designate, term of imprisonment, Supplemental, vulnerable, final month, recommendation, skills