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Pre Sentence Report

JOHN M. BURKE 

 Attorney at Law 26 Court Street - Suite 2805 

 Brooklyn, New York 11242

 Tel: (718) 875-3707

 Fax: (718) 875-0053

 November 29, 2007

Honorable William H. Pauley

United States District Court

Southern District of New York

500 Pearl Street

New York, New York 10007

Re.: U.S. v. Gregory Youngs

07 CR 338 (WHP)

Dear Judge Pauley:

I am writing on behalf of my client, Gregory Youngs, to request that the Court

be as merciful as possible at the time of sentence. Mr. Youngs is a 54 year old nonviolent first time misdemeanor offender. In view of Mr. Youngs’ personal history

and the aims of 18 U.S.C. 3553, the defense believes a non custodial sentence would

be appropriate.

I. ADVISORY GUIDELINES

The Department of Probation has compared Mr. Youngs’ final offense level as

10 and in Criminal History I this yields a sentence of 6 to 12 months. However, even

if the Court chooses to adhere to the advisory guideline range, Mr. Youngs is eligible

to be sentenced to probation and home confinement. U.S.S.C.§5C1.1(c); P.S.R.1

parg. 80.

The defense has no objections to the guideline calculations and the contents of

the probation report. Youngs maintains his right, expressly reserved at the time of

his plea allocution, to request a non-custodial sentence.

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Honorable William H. Pauley November 29, 2007

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II. PERSONAL HISTORY

Gregory Youngs is a 54 year old United States citizen and a first time nonviolent misdemeanor offender. Youngs was born in New York City and was raised

under humble financial circumstances by his mother, Mary Sams, age 73. He

attended New York City public schools and obtained a General Equivalency Diploma

in 1974.

After high school Mr. Youngs found employment as an elevator operator, stock

clerk and research assistant. He later worked as a vault clerk and mail room

supervisor for the Bank of New York. In the 1980's he met Carmen Roman Santana,

a dental assistant and nurse’s aide, and they were married in 1986. After they were

married Youngs’ wife became a heroin addict and alcoholic. Her addictions and

mental problems made their relationship unstable and the couple had to separate on

several occasions. Although Carmen Youngs attended methadone clinics, she was

unable to control her drug addiction and she was seriously injured in a car accident in

1998.

Since Carmen Young was in poor physical condition, she wanted to move

closer to her family and the couple relocated to Puerto Rico in 1998. Although the

couple separated, Mr. Youngs remained in Puerto Rico and worked as a toll booth

operator for six years. At the time of his arrest, Gregory Youngs worked for Genesis

Security as a toll collector and earned $5.15 per hour.

Gregory Youngs voluntarily surrendered himself in the Southern District in

May of 2007. Sadly, Carmen Youngs died in her sleep about ten days after

surrendering herself to the Federal authorities.

Since his return to New York Gregory Youngs has been living with his sickly

mother in an upper Manhattan apartment His mother Mary is a diabetic, has a

pacemaker, and is visited by home health aids three times a week. Gregory Youngs

currently spends the bulk of his time caring for his mother and looking for full time

employment. Since his arrest Gregory Youngs has lost his wife, his job and his home

in Puerto Rico. He plans to make his home in New York City once the case is

completed.

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The bulk of the money was kept by Carmen Youngs

Honorable William H. Pauley November 29, 2007

United States District Court Page 3

III. THE OFFENSE

Starting in 1991 Carmen Youngs lived in a federally subsidized apartment in

the Bronx, New York. After she was seriously injured in an automobile accident in

1998, Carmen and Gregory Youngs moved to Puerto Rico so her family could assist

in her recovery. When Carmen Youngs moved to Puerto Rico she began to illegally

sublease her subsidized apartment.

Gregory Youngs admits to helping his wife improperly convert funds from the

United States Department of Housing and Urban Development.2

 Carmen Youngs

illegally rented out her federally subsidized apartment in the Bronx, New York and

defrauded the Federal Government. Gregory Youngs helped her to do this by using

his bank account to deposit the tainted funds. He is extremely remorseful for his

illegal acts and would like to accept responsibility for his improper actions. Mr.

Youngs beseeches the Government for mercy and promises to lead a law abiding life

in the future.

IV. GREGORY YOUNGS ASKS THE COURT

 TO IMPLEMENT THE SENTENCING 

 GOALS OF 18 U.S.C. 3553(a) 

Apart from consideration of departures under the now “advisory” Guidelines,

18 U.S.C. §3553(a) requires courts to “impose a sentence sufficient, but not greater

than necessary, to comply with the purposes set forth in paragraph 2 of this

subsection.” Section 3553(a)(2) states that such purposes are:

(A) to reflect the seriousness of the offense, to promote respect for the law,

and to provide just punishment for the offense;

(B) to afford adequate deterrence to criminal conduct;

(C) to protect the public from further crimes of the defendant; and 

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(D) to provide the defendant with needed educational or vocational training,

medical care, or other correctional treatment in the most effective manner. 

Section 3553(a) further directs the sentencing court to consider the nature and

circumstances of the offense and the history and characteristics of the defendant, the

kinds of sentences available, the need to avoid unwarranted sentencing disparities

among defendants with similar records who have been found guilty of similar conduct,

and the need to provide restitution to any victims of the offense.

Other statutory sections also give the district court direction in sentencing. 

Under 18U.S.C. §3582, imposition of a term of imprisonment is subject to the

following limitation: in determining whether and to what extent imprisonment is

appropriate based on the Section 3553(a) factors, a sentencing judge is required to

“recogniz[e] that imprisonment is not an appropriate means of promoting correction

and rehabilitation.”

Under 18 U.S.C. §3661, “[n]o limitation shall be placed on the information

concerning the background, character or conduct of a person convicted of an offense

which a court of the United States may receive and consider for the purpose of

imposing an appropriate sentence.”

Indeed, the directives of Booker, United States v. Crosby, 397 F.3d 103 (2nd Cir.

2005) and §3553(a) now make clear that courts must consider all of the factors in

§3553(a), many of which the Guidelines either reject or ignore. In sum, under Booker

and Crosby, the Guidelines are not binding and courts need no longer justify a

sentence outside of them by citing factors to take the case outside the “heartland”. 

Courts are now free to disagree, in individual cases and in the exercise of discretion,

with the actual Guidelines range, so long as the ultimate sentence imposed is

reasonable and supported by reasons tied to the § 3553(a) factors.

An analysis of the § 3553(a) factors in this case militates in favor of Mr. Youngs

and the imposition of a sentence below the Guidelines range. 

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Honorable William H. Pauley November 29, 2007

United States District Court Page 5

1) NATURE AND CIRCUMSTANCES OF THE OFFENSE

Gregory Youngs admits his guilt and accepts responsibility for his criminal 

acts. While mindful of the serious nature of Youngs’ crime of conviction the defense

would like to emphasize that he did not originate the fraudulent scheme and did not

keep the bulk of the proceeds. The defense asks to incorporated Section III of this

letter by reference.

2. HISTORY AND CHARACTERISTICS OF THE DEFENDANT

Gregory Youngs is a disabled 54 year old non-violent first time offender. The

defense would like to incorporate by reference those arguments and facts contained

in Sections II of this letter. 

3. THE KINDS OF SENTENCES AVAILABLE

Since Youngs is a non-violent first time offender, there is no mandatory

minimum sentence and he is eligible for probation. P.S.R. parg. 84.

4. THE GUIDELINES SENTENCING RANGE AND GUIDELINES

POLICY STATEMENT

The defense has no objection to the advisory guideline range and wishes to 

emphasize that in this instance Mr. Youngs may be sentenced to a term of probation.

5. REFLECTING THE SERIOUSNESS OF THE OFFENSE,

PROMOTING RESPECT FOR THE LAW, PROVIDING

JUST PUNISHMENT, DETERRING CRIMINAL 

CONDUCT, PROTECTING THE PUBLIC 

18 U.S.C. §3553(a) requires courts to impose a sentence “sufficient, but not 

greater than necessary” to reflect the seriousness of the offense, to promote respect for

the law, to provide just punishment, to afford adequate deterrence, to protect the public

from further crimes of the defendant and to provide the defendant with needed

educational or vocational training. All of these sentencing objectives can be attained

by imposing a non-Guidelines sentence of probation.

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Honorable William H. Pauley November 29, 2007

United States District Court Page 6

CONCLUSION

Gregory Youngs deeply regrets his crime and promises to lead a law abiding life

in the future. He begs the Court for mercy and asks the Court to fashion a sentence

that is both lenient and in accordance with the directives of 18 U.S.C. §3552.

Respectfully yours, 

JB/dw JOHN BURKE

Attorney for Gregory Youngs

cc: United States Attorney

Southern District of New York

One St. Andrew’s Plaza

New York, New York 10007

Attention: Todd Blanche, Esq., AUSA

United States Department of Probation

233 Broadway

New York, New York 10279

Attention: P.O. Colleen Tyler

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