Law Office of 

Donald D. duBoulay, Esq. 

401 Broadway, Suite 2507 

New York, New York 10013 

(212) 966-3970 Fax (212) 941-7108 

September 10, 2007 

The Honorable Henry B. Pittman 

United States Magistrate Judge 

Daniel Patrick Moynihan 

United States Courthouse 

500 Pearl Street 

New York, New York 10007 

Re: United States v. Ilya Kaufman 

 07 Cr. 568 (HBP) 

Dear Magistrate Judge Pittman: 

 On August 1, 2007, Ilya Kaufman, the defendant herein appeared 

before the Court and entered a plea of guilty to a one Count 

information charging him with misdemeanor possession of cocaine. He is 

currently scheduled to appear for sentencing before this Court on 

September 11, 2007 at 9:00 a.m. This letter is submitted to aid this 

Court in the determination of the appropriate sentence consistent with 

the statutory directives set forth in 18 U.S.C. 3553 (a). It is the 

hope of Mr. Kaufman that after considering this submission and all the 

other information available, that pursuant to 18 U.S.C. 3607, your 

Honor place him on probation for a term of not more than one year 

without entering a judgment of conviction that will permit your honor 

to dismiss the proceedings against him and discharge him from probation 

should he earn such a disposition. 

Background

Like many before him, Ilya Kaufman, his Mother and his 

grandparents emigrated from Russia to the United States, in search of a 

better life. Mr. Kaufman was seventeen years old at the time and a high 

school graduate. He was soon employed in a series of low paying jobs 

including that of a taxi Driver. He eventually entered Globe Institute 

of Technology in September 1997, where he studied Computer Science and 

its business applications. 

 For the next several years Mr. Kaufman alternated between school 

and work. He was employed by H.T.D.P. Technology, Inc between 1999 and 

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2002 where he was contracted out as a consultant for computer projects 

for J.P.Morgan, Merrill Lynch, Cendant, Inc and Bell Atlantic. 

 Sometime in late 2001, Mr. Kaufman began using powder cocaine. He 

purchased half grams and grams from his source; midway through 2002 he 

developed an addiction to cocaine. In order to cover the cost’s of his 

drug usage, Kaufman eventually began to work for the source by 

delivering small quantities of cocaine to customers, at his behest. He 

worked primarily on weekends. Kaufman worked as a messenger in this 

business for approximately two months. When he tired of this lifestyle 

and seeking to rid himself of the addiction, he enlisted in the Marine 

Corps reserves sometime around November 2002. After a series of 

physical and mental capability tests, he qualified for admission. Mr. 

Kaufman has an eight year service contract with the Marine corp. 

reserves. His contract expires in 2010. 

 In December 2002, Mr. Kaufman reported to Paris Island, South 

Carolina for basic training. He left his former life behind. 

In June 2004, Kaufman’s unit was activated; he was deployed to 

Iraq (Falluja) in July 2004. He served in Iraq for seven months, 

returning stateside in March 2005. In Falluja, Kaufman engaged in 

active combat as attested by the combat citations attached. His unit 

provided security for military convoys, took an active part in 

searching houses for weapons, and provided security tasks related to 

the preparation for the first elections in Iraqi history in Falluja. 

In June 2005, Mr. Kaufman was honorably discharged from active 

duty (see enclosed). He remains a reservist however subject to recall 

until 2010. Mr. Kaufman is currently on the Temporary not Physically 

Qualified status as he suffered a torn ACL, and had surgery to repair 

it in May 2006. Because of that injury he has already missed one 

‘rotation’, a call back to active status. He is currently awaiting 

medical clearance and depending upon the results of an upcoming medical 

evaluation, may be reactivated shortly thereafter or medically yet 

honorably discharged. 

Mr. Kaufman was married in June 2004; he has a one year old son 

and a stepson that is ten years old. He resides with his wife in 

Brooklyn. Mr. Kaufman is employed by Net @ Work, Inc a computer 

consulting company where he advises and prepares software products for 

business needs. Mr. Kaufman also attends Global Institute of Technology 

where he expects to graduate in early 2008. Enclosed are two letters of 

commendation from Global Institute attesting to his excellent academic 

achievements since his return to school from active duty. Also included 

with this letter are copies of certificates evidencing completion of 

military courses and attainment of proficiency in several combat areas. 

Please note also that Mr. Kaufman’s certificate of release includes 

notations listing the various ribbons and medals he received for his 

service in Iraq. 

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Mr. Kaufman has come along way from the person he was in 2002. He 

is married with two children and has a wife to support, he has a career 

and a job, and he has served his country honorably and willingly, and 

expects to do so again in the very near future. His involvement in the 

drug business was of short duration as he was addicted to cocaine at 

the time. Mr. Kaufman was arrested for the offense charged on December 

12, 2006, four years after the commission of the crime charged. 

Mr. Kaufman understands and appreciates the gravity of his actions 

in this case. He is hopeful of having this conviction expunged, fearful 

that anything else would jeopardize his status in the Marine Corps. 

reserve as well as affect his ability to maintain employment in a field 

where background checks would inhibit his ability to continue work as a 

consultant. It is hoped that he will be given a second chance to 

continue to turn his life around without the severe consequences of a 

criminal conviction. Such an opportunity would serve the best interest 

of justice and would not be wasted.

“It has been uniform and constant in the federal judicial 

tradition for the sentencing judge to consider every convicted person 

as an individual and every case as a unique study in the human failings 

that sometimes mitigate, sometimes magnify, the crime and the 

punishment to ensue. We do not understand it to have been the 

congressional purpose to withdraw all sentencing discretion from the 

United States District Judge”. United States v. Koon 518 U.S.81,116 

S.CT. 2035,2053 (1996). The traditional task of imposing a just and 

fair sentence based upon an independent view integrating all 

philosophical, statutory guidelines and individual particulars of the 

case at hand remains the job of the nisi prius judge United States v. 

Blarek 7 F. Supp. 2d 192,207 (1998). 

Section 18 U.S.C. 3607 provides that when a defendant has been 

found guilty of possession of a controlled substance, with a few 

exceptions not relevant here, who: 

(a)(1) has not, prior to the commission of such offense, been 

convicted of violating a Federal or State law relating to controlled 

substances; and (2) has not previously been the subject of a 

disposition under this subsection; 

the court may, with the consent of such person, place him on 

probation for a term of not more than one year without entering a 

judgment of conviction. At any time before the expiration of the term 

of probation, if the person has not violated a condition of his 

probation, the court may, without entering a judgment of conviction, 

dismiss the proceedings against the person and discharge him from 

probation. At the expiration of the term of probation, if the person 

has not violated a condition of his probation, the court shall, without 

entering a judgment of conviction, dismiss the proceedings against the 

person and discharge him from probation. If the person violates a 

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condition of his probation, the court shall proceed in accordance with 

the provisions of section 3565. 18 U.S.C. 3607 (1)(a). 

 

Conclusion 

For the reasons stated above, it is respectfully requested that 

this Court considering the sentencing factors in 18 U.S.C. 3553(a), 

place Mr. Kaufman on probation for a term of one year or less, with a 

view to discharging him from probation and dismissing the proceedings 

if Mr. Kaufman abides by the terms to be set by the Court. 

 Respectfully submitted, 

 Donald D. duBoulay 

 

cc: Wilson Leung (via ECF) 

 Ilya Kaufman 

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