Federal Judiciary

United States v. Rojas, No. 09 Cr. 479 (RWS), 2010 WL 2303030 (S.D.N.Y. June 8, 2010)

Rojas pled guilty to one count each of conspiracy to access device fraud, conspiracy to possess access device-making equipment, and conspiracy to effect transactions with one or more access devices to another person and to receive in excess of $1,000.  He faced an advisory Guidelines range of imprisonment of 10 to 16 months, and received a sentence of 3 years probation.  Why?  Well, he was the "whole package" -- somewhat aberrant conduct, cooperation with authorities in the investigation, gainful employment, school, a family, etc.  As described by the district court:

The instant offense occurred over the course of only a few months.  When Rojas was confronted by law enforcement officials, he cooperated immediately and described in details, both orally and in writing, the credit card scheme, the co-conspirators, and the location of the machines used to make the counterfeit cards.  The offense represents Rojas's first criminal conviction. Rojas, the father of two young children, is gainfully employed in the construction industry while enrolled part-time in college.  In addition Rojas has been in compliance with the conditions of his bail.  Finally, a home visit conducted by his probation officer verified that the address of record is an appropriate living environment, and therefore appropriate for home confinement.  A non-custodial sentence would allow him to continue with work and school, as well as care for his family.