United States v. Adams

Decision Date02 August 2017
Docket Number14-CR-0650
PartiesUNITED STATES OF AMERICA v. BRIAN ADAMS, Defendant.
CourtU.S. District Court — Eastern District of New York

Statement of Reasons for Sentence Pursuant to 18 U.S.C. § 3553(c)(2)

JACK B. WEINSTEIN, Senior United States District Judge:

Table of Contents

I. Introduction .......................................................................................................................... 2

II. Instant Offense ..................................................................................................................... 2

III. Guilty Plea ............................................................................................................................ 2

IV. Sentencing Hearing .............................................................................................................. 2

V. Offense Level, Category, and Sentencing Guidelines Range .............................................. 3

A. Count 1: Sex Trafficking Conspiracy, Jane Doe #1 ..................................................... 3

B. Count 5: Sex Trafficking Conspiracy, Victim #1-9 ...................................................... 3

C. Count 8: Sex Trafficking of a Child, Victim #7 ........................................................... 5

D. Count 17: Promotion of Prostitution, Victim #6 and #8 ............................................... 5

E. Multiple Count Adjustment .......................................................................................... 6

VI. Law ....................................................................................................................................... 7

VII. 18 U.S.C. § 3553(a) Considerations ..................................................................................... 8

VIII. Sentence .............................................................................................................................. 14

IX. Conclusion .......................................................................................................................... 14

I. Introduction

Defendant is a major serial sex offender. He forced young girls into prostitution on a large scale. He is a major continuing threat to society.

II. Instant Offense

Defendant is a 36-year-old American citizen. Presentence Investigation Report ("PSR") at 2. On November 21, 2014, he was arrested by federal authorities at the Kings County Criminal Court during an appearance for a state assault charge. Id. at ¶ 49. In long periods between January 2005 and November 2014, the defendant, together with others, conspired to recruit minor females and force them into commercial sex acts for his financial profit. Superseding Indictment, Aug. 10, 2015, ECF No. 66 ("Superseding Indictment") at ¶ 1.

III. Guilty Plea

Defendant pled guilty to counts 1, 5, 8, and 17 of the 17-count indictment. The counts are: (1) sex trafficking conspiracy of Jane Doe #1; (5) sex trafficking conspiracy of Victims #1-9; (8) sex trafficking of a child, Victim #7; and (17) promotion of prostitution. See Transcript of Criminal Cause for Pleading, Feb. 26, 2016, ECF No. 89, ("Feb. 26 Transcript") 3:16-25.

IV. Sentencing Hearing

On July 6 and 7, 2017, the court held a sentencing hearing. See July 6 and 7 Hr'g Tr. The proceedings were videotaped to record courtroom atmosphere, as well as some of the subtle factors and considerations that a district court must consider in imposing a sentence. See 18 U.S.C. § 3553(a); In re Sentencing, 219 F.R.D. 262, 264-65 (E.D.N.Y. 2004) (describing the value of video recording for the review of sentences on appeal).

V. Offense Level, Category, and Sentencing Guidelines Range

Defendant pled guilty to several serious sex crimes perpetrated against many minors: involving them in prostitution and physically coercing them to keep them as prostitutes.

A. Count 1: Sex Trafficking Conspiracy, Jane Doe #1

Defendant pled guilty to one count of a sex trafficking conspiracy pursuant to 18 U.S.C. § 371. Under the federal sentencing guidelines ("the guidelines"), defendant's base offense level is 30. 18 U.S.C § 2241(c); PSR at ¶ 119. The offense level is enhanced by 4 levels per U.S.S.G. § 2A3.1(b)(1) because defendant threatened Jane Doe #1 on multiple occasions when she tried to quit the "escort service" prostitution ring. PSR at ¶ 120. The offense level is increased by 2 levels per U.S.S.G. § 2A3.1(b)(2)(A) since Jane Doe #1 was less than 16 years old when the offense first began. Id. at ¶ 121. The offense level is increased by 3 levels per U.S.S.G. § 2A3.1(b)(4)(C) due to sustaining an injury from the offense that was of a degree between life threatening and serious bodily injury because Jane Doe #1 was seriously beaten by the defendant causing a miscarriage. Id. at ¶ 122. The offense level is increased by 4 levels in accord with U.S.S.G. § 3B1.1(a) because defendant was a leader of the sex trafficking conspiracy which involved at least 5 participants. Id. at ¶ 124. In light of these enhancements, Defendant's total adjusted offense level is 43. Id. at ¶ 126.

B. Count 5: Sex Trafficking Conspiracy, Victim #1-9

Count 5 is separated into nine subparts (5(a) - 5(i)) for each victim of Defendant's sex trafficking conspiracy. Count 5 generally covers defendant's criminal conduct that violated 18 U.S.C. §§ 1594(c), 1591(a)(1), and 1591(a)(2). The substantive offense involving Victims #1-5, #7, and #9, is sex trafficking of a minor. The substantive offense involving Victims #6 and #8 is sex trafficking. The offense involving Victims #1-5, #7, and #9 has a base offense level of 24.PSR at ¶¶ 127, 135, 143, 151, 159, 173, and 187. The offense involving Victims #6 and #8 has a base offense level of 14. Id. at ¶¶ 167, 181.

The offenses against Victims #7 and #9 (count 5 subparts (g) and (i)), have the highest adjusted offense level of 34. Id. at ¶¶ 180, 194. These offense levels were enhanced from the base level of 24 by 2 levels for the undue influence of a minor to engage in prohibited sexual conduct according to U.S.S.G. § 2G1.3(b)(2)(B); 2 levels for the use of a computer or interactive computer service to entice, encourage and solicit a person to engage in prohibited sexual contact with a minor, using the internet advertisements per U.S.S.G. § 2G1.2(b)(3)(B); 2 levels because the offense involved the actual prostitution of the victims, involving sex acts with multiple men for money per U.S.S.G. § 2G1.2(b)(4)(A); and 4 levels in accord with U.S.S.G. § 3B1.1(a) because defendant was a leader of a sex trafficking conspiracy which involved at least 5 participants. See, e.g., id. at ¶¶ 173-179.

Count 5 subparts (a) - (e) for Victims #1-5 have an adjusted offense level of 29. Id. at ¶¶ 134, 142, 150, 158, and 166. The base offense level of 24 was enhanced by 8 levels for the undue influence of a minor to engage in prohibited sexual conduct, the use of a computer or an interactive computer service to entice, encourage and solicit a person to engage in prohibited sexual conduct with a minor through advertisements on the internet, and for the defendant's role as the leader of a sex trafficking conspiracy that involved at least 5 participants. U.S.S.G. §§ 2G1.3(b)(2)(B), (b)(3)(B), 3B1.1(a). The offense level was reduced by 3 levels per U.S.S.G. § 2X1.1(b)(2) because some of the victims did not attend an arranged sex party or participate in prostitution. See, e.g., PSR at ¶¶ 127-133.

Count 5 subparts (f) and (h) for Victims #6 and #8 had an adjusted offense level of 22 and 18, respectively. Id. at ¶¶ 172, 186. The base offense level of 14 was enhanced for count5(f) by 8 levels because the offense involved coercion—the defendant warned the victim something bad would happen to her if she did not prostitute for him—and for the defendant's role as the leader of a sex trafficking conspiracy that involved at least 5 participants. U.S.S.G. §§ 2G1.1(b)(1), 3B1.1(a). Count 5(h) was increased by 4 levels for the defendant's role as the leader of a sex trafficking conspiracy that involved at least 5 participants. U.S.S.G. § 3B1.1(a); see, e.g., PSR at ¶¶ 167-171.

C. Count 8: Sex Trafficking of a Child, Victim #7

Per 18 U.S.C. § 1591(b)(2), defendant pled guilty to count 8 of the 17-count offense. Under the guidelines, defendant's base offense level is 30. U.S.S.G. § 2G1.3(a)(2); PSR at ¶ 111. The offense level is enhanced by 2 levels because the offense involved the strong influence on a minor to engage in prohibited sexual conduct per U.S.S.G. § 2G1.3(b)(2)(B); by 2 levels under U.S.S.G. § 2G1.2(b)(3)(B) because the offense involved the use of a computer or an interactive computer service to entice, encourage and solicit a person to engage in prohibited sexual contact with a minor; and by 2 levels per U.S.S.G. 2G1.3(b)(4)(A) because the offense involved the commission of a sex or sexual contact by Victim #7 with 7 to 10 men in exchange for money. Id. at ¶¶ 112-114. The offense is increased by 4 levels in accordance with U.S.S.G. § 3B1.1(a) because defendant was a leader of a sex trafficking conspiracy which involved at least 5 participants. In light of these enhancements, Defendant's total adjusted offense level is 40. PSR at 1118.

D. Count 17: Promotion of Prostitution, Victim #6 and #8

Count 17 is separated into two subparts (17(a) and 17(b)) for Victims #6 and #8 of defendant's sex trafficking conspiracy. Both subparts have a base offense level of 14. PSR at ¶¶ 195, 201. Both subpart offense levels are increased by 4 levels pursuant to U.S.S.G. § 3B1.1(a)because of the defendant's involvement as the leader of a sex trafficking conspiracy that involved at least 5 participants. Id. at ¶¶ 198, 204. Subpart 17(a) is increased by 4 levels in accordance with U.S.S.G. 2G1.1(a)(2) because the offense involved the coercion of Victim #6, who was threatened by defendant with something bad that would happen to her if she did not prostitute for him. Id. at ¶ 196. The total adjusted offense level for count 17(a)...

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