United States District Court, District of Columbia
G. Sullivan United States District Judge.
1, 2016, the Court sentenced Anna Jaime to one year of
special probation pursuant to the Federal First Offender Act
(“FFOA”), 18 U.S.C. § 3607(a). At that time,
the Court indicated that in view of the limited caselaw
involving FFOA, it would likely issue a written opinion
supporting the sentence. Accordingly, this Memorandum Opinion
accompanies the Court's June 1, 2016 oral sentence.
Ms. Jaime's Involvement in the Narcotics and Money
29, 2015, Ms. Jaime pled guilty to a One-Count Superseding
Information charging her with Conspiracy to Possess Heroin, a
misdemeanor offense, in violation of 21 U.S.C. § 844 and
21 U.S.C. § 846. The government's proffer of evidence
accompanying the plea agreement states that a bank account
belonging to Ms. Jaime was used to launder funds for
co-defendants Juan Floyd and Armando Gamez in furtherance of
a narcotics and money laundering conspiracy. See
Proffer of Evidence, ECF No. 714 at 2. Specifically,
co-defendant Juan Floyd would deposit illegal narcotics
proceeds into Ms. Jaime's account from bank branches in
the Washington, D.C. metropolitan area. Id. at 3.
Ms. Jaime would then withdraw the funds in cash from her
local branch in Texas and deliver the cash to an unindicted
co-conspirator. Id. According to the government,
between April and June 2013, Ms. Jaime laundered
approximately $44, 000.00 of illegal narcotics proceeds
through multiple transactions. Id. at 2.
Ms. Jaime's Sentencing Hearings
initial sentencing hearing on September 15, 2015, counsel for
Ms. Jaime orally moved for disposition pursuant to 18 U.S.C.
§ 3607(a), which provides that under certain
circumstances, a defendant may be sentenced to serve a term
of probation up to one year without a judgment of conviction
being entered. See Minute Entry of Sept. 22, 2015.
The government opposed the oral motion. Because counsel
raised the possibility of disposition pursuant to this
provision for the first time at that hearing, the Court
directed the parties to brief the issue and continued the
sentencing hearing to a later date. See Minute Order
of Sept. 15, 2015. The Court also invited the Federal Public
Defender for the District of Columbia to participate as
amicus curiae. See Minute Order of Sept. 22, 2015.
Upon review of the submissions of the parties and amicus
curiae, and after considering the arguments at the June
1, 2016 hearing, the Court sentenced Ms. Jaime to one year of
special probation pursuant to 18 U.S.C. § 3607(a).
U.S.C. § 3553(a) requires sentencing courts to consider
numerous factors when sentencing a defendant. Courts must
consider “the nature and circumstances of the offense
and the history and characteristics of the defendant”
as well as: the need for the sentence imposed-
(A) to reflect the seriousness of the offense, to promote
respect for the law, and to provide just punishment for the
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the
(D) to provide the defendant with needed educational or
vocational training, medical care, or other correctional
treatment in the most effective ...