Petition for Writ of Certiorari — José Amaya-Vasquez, Petitioner v. United States

APPENDIX C

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA

JOSE AMAYA-VASQUEZ

)

) | |

vs. ) PRESENTENCE INVESTIGATION REPORT

)

) DocketNo. 0312 1:16CR00016-1

‘ :

Prepared For: THE HONORABLE NOEL L. HILLMAN -

United States District Iudge .

Prepared By: MARK E..CORPORA

US. Probation Officer

Camden, New Jersey 08101

(856):757+5043

mark. corpora@njp.uscourts. gov

Assistant U.S. Attorney Defense Counsel

Jason M. Richardson, Esq. Jose L, Ongay, Esq. (Appointed)

Gabriel J.. Vidoni, Esq. 527 Cooper Street.

401 Market Street Camden, New Jersey 08102.

Fourth Floor — (484) 681-1117

Camden, New Jersey 08101 jlolaw@live.com

(856) 757-5026

‘jason.richardson@usdoj.gov

gabriel.vidoni@usdoj.gov

Sentence Date: 01/12/2018

Offense: Count One: Kidnapping

18 U.S.C. § 1201(a)(1) ~ Life imprisonment/$250,000 fine, .a Class A

Felony

Count Two: Interstate Domestic Violence

‘18 U.S.C. §§ 2261(a)(2) and (b)(3) - 10 years imprisonment/$250,000

fine, a Class C Felony

Count Four: Illegal Re-Entry

8 U.S.C. §§ 1326(a) and (b)(1) - 10 years imprisonment/$250,000 fine, a

Class C Felony

Arrest Date: 05/26/2015: Arrested locally

10/26/2015: Arrested federally

Release Status: In continuous custody since date of arrest

Detainers: Bureau of Immigration and Customs Enforcement (BICE)

Date Report Prepared: 10/05/2017 Final. Report Prepared:.12/12/2017

U.S. DISTRICT COURT

‘Codefendants: None

Related Cases: None

Identifyine Data:

Date of Birth: January 1, 1985

Age: 32

Race: White, Hispanic origin

Sex: Male

SSN: None (has used. 152-39-4710)

FBI #: 375775HC8

USM #: 42949-3380

ALIEN #: A098881792

STATE ID #'s: 38983848 (MO)

403904G (NJ)

0853345H (NY)

PACTS #: 1861701

Education: No High School Diploma or GED

Dependents: 2

Citizenship: Honduras

Immigration Status: Illegal Alien of the United States

Legal Address: Undomiciled

Custodial Address: Federal. Detention Center

P.O. Box 562

Philadelphia, Pennsylvania 19105

JOSE AMAYA-VASQUEZ

Alias(es): Christian Fernando Amaya; Jose Cristino Amaya; Cristino Amaya

Restrictions on. Use and Redisclosure.of Presentence Investigation Report, Disclosure of this presentence investigation

report to.the Federal Bureau of Prisons and redisclosute by. the Bureau of Prisons is authorized by the United States District

Court solely to assist administering the offender’s prison sentence {i.e., classification, designation, programming, “sentence

calculation,-pre-release planning, escape apprehension; prison disturbance response, sentence.commulation, or pardon) and:

other litnited purposes, including deportation’ proceedings. and federal: investigations. directly related ‘to. tetrorist-activities.. If

this presentence: investigation report is redisclosed by the Federal Bureau of Prisons upon completion of its. sentericé:

adriinistration fimetion, the report must be returned to the Federal Bureau of Prisons or destroyed. It is the policy of the

federal judiciary:and the. Department of Justice that further redisclosure of the presentence investigation: report is prohibited: -

without the consent of the sentencing judge.

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U.S. DISTRICT COURT. JOSE AMAYA-VASQUEZ

PART A. THE OFFENSE

In US. v Booker & Fanfan, 543 U.S. 220 (2003), the Supreme Court ruled in the first

part of its decision that its prior Blakely Blakely decision applies to the federal guidelines. In

addressing the remedial solution, the second part of the decision invalidated only those

statutes that made application of the federal guidelines mandatory, holding that the rest

of the guidelines and Sentencing Reform Act. were constitutionally valid and should be

considered by courts, along with other factors listed in 18 U.S.C. § 3553(a),, in imposing

sentence, Per the subsequent Supreme Court decision in Gall v U.S., 552 S.Ct, 38 (2007),

appellate courts must review all sentences for reasonableness under a deferential abuseof-discretion standard. As only the “mandatory” statutes were invalidated, the Probation

Office will apply the guidelines consistent with the remainder of the Sentencing Reform

Act and the. applicable edition. of the U.S. Sentencing Commission Guidelines Manual,

Charge(s) and Conviction(s)

lL On January 13, 2016, a four-count indictment was filed in the District of New Jersey

charging Jose Amaya-Vasquez with the following,

2. Count one charged from on or about May 24, 2015, in Kansas City, Missouri, in the

Eastern District of Missouri, to on or about May 26, 2015, in Camden County, in the

District of New Jersey, the defendant, Jose Amaya-Vasquez, did unlawfully seize,

confine, inveigle, decoy, kidnap, abduct, and carry away Victim #1 and hold Victim #1

for ransom, reward and otherwise, including to physically assault, sexually assault and

rape Victim #1 and.so that Victim #1 and Victim #2 would have to live with defendant

Amaya-Vasquez, and in committing and in furtherance of the commission of the offense

did willfully transport Victim #1 and Victim #2 in interstate commerce from the State of

Missouri to the State of New Jersey, in violation of Title 18, United States Code, Section

1201(a)(1), and Title 18, United States Code, Section 2.

3. Count two charged from on or about May 24, 2015, in Kansas. City, Missouri, in the

Eastern District of Missouri, to on or about May 26, 2015, in Camden County, in the

District of New Jersey, the defendant, Jose Amaya-Vasquez, knowingly caused ai.

intimate partner, namely Victim #1, to travel in interstate commerce by force, coercion,

duress and fraud, and. in the course of, and as a result of that conduct, did commit and

attempt to commit a crime of violence against Victim #1, that is, kidnapping, physical

assault and sexual assault; and during the offense used a dangerous weapon, a knife, and

caused serious bodily injury to Victim #1, in violation of Title 18, United States Code,

Sections 2261(a)(2) and 2261(b)(3), and Title 18, United States. Code, Section 2.

4. Count three charged from on or about May 24,2015, in-Kansas City, Missouri, in. the

Eastern District. of Missouri, to on or about May 26, 2015, in Camden. County, in the

District of New Jersey, the defendant, Jose Amaya- Vasquez, did unlawfully transport in

‘interstate commerce a stolen motor vehicle, that is, the Chevy Equinox, from the State of

Missouri to the State of Ohio and the State of New Jersey, knowing the same to be stolen,

U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

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in violation of Title 18, United States Code, Section 2312, and Title 18, United States

Code, Section 2.

Count four charged on. or about May 26, 2015, and prior‘to. that date, in the District of

New Jersey, and elsewhere, the defendant, Jose Amaya-Vasquez, did knowingly and

willfully enter and was found in the United States without the express consent. of the

Attomey General and the Secretary of Homeland Security to Amaya-Vasquez’s

réeapplying for admission, in violation of Title 8, United States Code, Sections 1326(a) -

and (b)(1).

On April 17, 2017, Amaya-Vasquez appeared before the Honorable Noel L. Hillman,

United States District Judge, District of New Jersey, and entered a plea of guilty to count

four of the indictment. On April 27, 2017, Amaya-Vasquez appeared before Judge

Hillman and entered a plea of guilty to counts one and two of the indictment; count three

is expécted to be dismissed at the time of sentencing.

Status of Codefendants

‘There are no codefendants in this case.

Related Cases

There are no related ecives.

Plea Agreement Information

There is no plea agreement in the case.

Pretrial Adjustment

On. May 26, 2015, Jose Amaya-Vasquez was arrested by the Bellmawr, New Jersey

Police Department and remanded to the Camden. County Correctional Facility. in

Camden, New Jersey. Amaya-Vasquez was incarcerated at. the Camden County

Correctional Facility from May 26, 2015 until October 26, 2015, when he was transferred

to federal custody.

On October 26, 2015, Amaya-Vasquez had an initial appearance before the Honorable

Karen M. Williams, United States Magistrate Judge, District. of New Jersey;. the

defendant appeared via a writ from local custody. At the initial appearance, the defendant

consented to detention and was remanded to the custody of the United States Marshals

Service. Amaya-Vasquez has been incarcerated at the Federal Detention Center-

Philadelphia (FDC-Philadelphia) since October 26, 2015.

Adjustment to Incarceration

According to Bureau of Prisons records, as of December 12, 2017, the defendant has not

incurred any disciplinary infractions while incarcerated at FDC-Philadelphia.

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U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

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The Offense Conduct

The Offense Condhict was prepared after a review of court-filed documents and reports

obtained from the United States Attorney’s Office detailing a multi-state investigation

conducted by the Federal Bureau of Investigation (FBI); the Kansas City, Missouri Police

Department; the Bellmawr, New Jersey Police Department; and the Camden County,

New Jersey Prosecutor’s Office.

Background

Jose Amaya-Vasquez was a native and citizen of Honduras, who at various times resided

in Kansas City, Missouri.

Victim #1 was.a resident.of Kansas City, Missouri. Jose Amaya-Vasquez and Victim #1

were previously involved in an intimate relationship and had a child together, Victim #2.

Victim #1 owned. a 2008 Chevrolet Equinox, with a. vehicle identification number ending

in 7620 (hereinafter “the Chevy Equinox”).

Victim #2 resided with Victim #1-in Kansas City, Missouri. Victim #2 was born in 2012.

Amaya-Vasquez’s Illegal Re-Entry into the United States

Jose Amaya-Vasquez was born in 1985 in Honduras. Amaya-Vasquez attempted to

illegally enter the United States on February 14, 2005 and was arrested by U.S. Customs

and Border Protection (“CBP”). Amaya-Vasquez was given a Notice to Appear in

‘Immigration Court. On July 13, 2005, Amaya-Vasquez failed to appear and was ordered

removed by an Immigration Judge.

On June 7, 2014, Amaya-Vasquez was arrested by the Kansas City, Missouri Police

Department and charged with domestic assault on Victim #1. Amaya-Vasquez was turned -

over to Immigration and Customs Enforcement and was removed from the United States

on Fuly 4, 2014. |

On September 9, 2014, a CBP agent arrested Amaya-Vasquez after he illegally entered

the United States from Mexico neat Eagle Pass, Texas. On September 16, 2014, Amaya-

Vasquez pled guilty to [legal Entry in the United States District Court, Western District

of Texas, Del Rio Division, and was sentenced to 30 days’ imprisonment. On October 22,

2014, Amaya-Vasquez was removed fromthe United States. According to the Warrant of

Removal/Deportation, Amaya-Vasquez. was barred from reentering the United States for

a period of 20 years.

Amaya-Vasquez teentered the United States in approximately November 2014. Upon

information and. belief, neither the Attorney General nor the Secretary of Homeland.

Security authorized Amaya- Vasquez’s re-entry into the ‘United States.

U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

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Relationship History between Amaya-Vasquez.and Victim #1

‘In 2010, Jose Amaya-Vasquez was residing with his brother in New York, New York. In.

February 2010, Victim #1, a native of Honduras, arrived in New York, New York.

Sometime: in 2010, Victim #4 attended a party where Amaya-Vasquez was present.

' Victim #1 recognized Amaya-Vasquez. from her hometown in Honduras;. Amaya-

Vasquez played soccer with Victim #1’s brother. While at the party, Victim #1 and

Amaya-Vasquez talked about Honduras, and soon after began dating and moved in

together in New. York.

Amaya-Vasquez and Victim #1 dated from 2010 to 2014, In 2012, they had. a child

together, Victim #2. During their relationship, Amaya-Vasquez and. Victim #1 resided in

New York and. Missouri. .

Prior Domestic Violence Incidents Between Amaya-Vasquez and Victim #1

Domestic Violence incidents Reported By Victim #1 (2010 to 2012)"

In 2010, while residing in New York, Amaya-Vasquez accused Victim #1 of having an

affair with J-L., her former boyfriend and. father of her three children. During an

argument, Amaya: Vasquez put his hands around Victim #1’s throat. While defending

herself, Victim #1 kicked the wall, which caused the landlord who lived in the adjourning

apartment to call the police. Victim #1 told the police upon their arrival that nothing was

wrong, That night, Amaya-Vasquez decided he and Victim #1 were leaving New York

City; the couple moved to Kansas City, Missouri, at the end of 2010.

Shortly after arriving in Kansas City, Missouri, Victim #1 obtained a job at Taqueria

Mexico, located at 910 Southwest Boulevard in Kansas City. Victim: #1 became friends

with some of the waitresses she worked with. Victim #1 went out with her friends and got:

a nose ring without.telling Amaya-Vasquez. Amaya-Vasquez did not like the nose ring,

and fought about the nose ring with Victim #1. Amaya-Vasquez told. Victim #1 that

whores wear nose tings. During one argument, Amaya-Vasquez told Victim #1: “If you

want to be ugly, I will make you ugly.” While making this statement, Amaya-Vasquez

had scissors in his hand and attempted to cut Victim. #1’s. hair. Victim #1-ran. out of the

apartment and down the street. Amaya- Vasquez caught up-with Victim #1 and pulled her

into a shed inthe back yard of a residence near Topping. and Smart Avenues. While in the

shed, Amaya-Vasquez removed his shirt, placed his shirt over Victim #1’s mouth, and

placed a knife to her side. As the two. were struggling in the shed, a neighbor’s dog heard

the commotion and started barking. The neighbor then exited his residence and shined a

flashlight on the shed. Amaya-Vasquez fled on foot. The neighbor. escorted Victim #1 to

his vehicle and. located a police officer in.a gas-station on Indepéndence Avenue. Victim

#1 did not make a police report of the incident.

" Victim #1 reported these incidents to the FBI during interviews on May-9, 2016 and April 14, 2017.

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U.S. DISTRICT COURT . JOSE AMAYA-VASQUEZ.

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On a date in approximately July 2011, Amaya-Vasquez watched Victim #1 through the

window of Taqueria Mexico and thought she was too friendly with the customers. Upon

returning home from work, Amaya-Vasquez argued with. Victim #1 over the way. she

interacted with the customers of the restaurant. Amaya-Vasquez had a machete, and

-pressed the machete onto Victim #1’s face and threatened to. make her ugly. Victim #1

screamed and called for help from Amaya-Vasquez’s brother, Heraldo, who was residing

with the couple. Amaya- Vasquez stabbed the machete into the bed and left the room:

In 2012, Victim #1 became pregnant with Victim #2, which stabilized her relationship

with Amaya-Vasquez. According to Victim #1, Amaya-Vasquez was: very happy that

Victim, #1 was pregnant and having his child. There was no violence between Amaya-~

Vasquez and Victim #1 during Victim #1’s. pregnancy and for approximately one year

after the birth of Victim #2.

Assault of Victim #1 on June 7, 2014

On June 7, 2014, Victim #1, who was off from work, took her daughter, Victim #2, to the

park and then to buy ice cream. After arriving home, Victim #1 was confronted by

Amaya~Vasquez, who accused Victim #1 of being unfaithful to him. As the two were

arguing, Amaya-Vasquez pushed Victim #1 into a. table and threw a hair brush at her; the

hair brush missed Victim #1 but made amark in the wall. Victim #1 told Amaya-Vasquez

she was calling the police because she could no longer “live like this.” Amaya-Vasquez

did not believe Victim #1 would call the police and took Victim #2 to the corner store to

get a soda.

When Amaya-Vasquez returned from the corner store, the police were at the house and

arrested Amaya-Vasquez. After his arrest, Amaya-Vasquez was told by Victim:#1 that

their relationship was over. Amaya-Vasquez was subsequently taken to the immigration

detention cénter and deported back to Honduras on July 4, 2014,

Amaya-Vasquez returned to. the United States in approximately November 2014. After

crossing the United States border, the defendant made his way to Kansas City, Missouri,

arriving on January 10, 2015. Upon arriving back in Kansas City, Amaya-Vasquez called

Victim. #1 and asked Victim #1 if he could live with her until he got back on his feet.

Victim, #1 agreed because she did not want her daughter to grow up without a father.

Shortly after Amaya-Vasquez moved in, Victim #1 kicked Amaya-Vasquez out of the

house because Amaya- Vasquez insisted on sleeping in the same bed as Victim #1. Victim

#1 informed Amaya-Vasquez that she was not interested in a relationship with Amaya-

Vasquez.

After getting kicked out of Victim #1’s house, Amaya-Vasquez. rented a room at 2813

East 49" Street in Kansas City. Shortly after Amaya-Vasquez rented the room, Victim #1

and Victim #2 temporarily moved in with Amaya-Vasquez because they had no place to

live.

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Sexual Assault of Victim #1 on February 14, 2015

On February 14, 2015, at approximately 3:00 a.m., Victim #1. arrived homie (2813 East

49" Street in, Kansas City) after working and patronizing a club called “Camino Real” in

Kansas City, Missouri, After arriving home, Victim #1 went to the bathroom to. shower

and get cleaned up. While inside the bathroom, Amaya-Vasquez. knocked on. the

bathroom door, Amaya-Vasquez forced the door open after Victim #1 refused to let him

inside the bathroom. Amaya-Vasquez removed his clothing and demanded sex from.

Victim #1. After Victim #1 refused, a struggle ensued inside the bathroom. Amaya-

Vasquez possessed a 38 caliber revolver in the bathroom. Victim #1. was able to break

free and run to the kitchen. Amaya-Vasquez grabbed a knife and forced Victim #1 to the

floor of the kitchen, where he demanded sex from her. When Victim #1 refused, Amaya-

Vasquez became angry and placed the knife close to Victim #1’s ‘neck, threatening to kill

her. At that time, Victim #2 awoke and entered the kitchen. Victim #1. retuned ‘Victim #2

to the bedroom..

After Victim #2.fell asleep, Amaya-Vasquez entered the bedroom.and inserted his penis

in Victim #1"s vagina without her consent. and ejaculated. Afterwards, -Amaya-Vasquez

and Victim #1 fell asleep. At approximately 8:00 a.m., Amaya-Vasquez woke up and was

picked up by his boss for work. After Amaya-Vasquez left for work, Victim #1 called the

police.

Officers from the Kansas City Police Department observed a minor bruise on Victim #1

and slight redness on her right forearm. Victim #1 told police that Amaya-Vasquez told

her that if she called the police he would kill her children and other family members in

- Honduras. Victim #1 explained that Amaya-Vasquez was jealous that she was “seeing”

another individual, and had been since February 2014. Victim #1 told police Amaya-

Vasquez returned to the United States two weeks prior from Honduras. In addition,

Victim. #1 consented to and underwent an invasive rape. examination; the. DNA found in

the rape exam matched Amaya-Vasquez.

Assault of Victim #1 on February.27, 2015

On February 27, 2015, at. approximately 1:00 a.m., Victim #1 was sitting inside the

Chevy Equinox at 9" and Jackson Streets in Kansas City, . Missouri, ‘when Amaya-

Vasquez approached the vehicle and opened the driver’s side door. Amaya-Vasquez told

Victim #1 that she and their daughter (Victim #2) had to move back to’ New York with

him, where they would be.a happy family. Victim #1 told Amaya-Vasquez. that she did

not want to be in a relationship with him and did not want to move to New York. Amaya-

Vasquez then. grabbed Victim #1’s hair with one hand and punched Victim #1 numerous

times with the other hand. ‘Victim #1 was able to escape Amaya-Vasquez’s grasp and

drive away from the scene. Victim #1 sought help in Kansas and was accepted to a

‘women’s shelter.

Victim #1 contacted. the Kansas City Police Department on’February 28, 2015 to report

the assault. Victim #1 told police Amaya- Vasquez had a silver-colored gun in his hand

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during the altercation, and believed she heard the gun discharge as she was driving off.

Victim #1 stated: “I think that he tried to take [the gun] out, because when | accelerated

the car a lot and he was left behind, I heard a shot. But I don’t know if he did it in the air,

at me or--or to stop me.” Officers observed bruising and swelling below Victim #1’s right

eye. Victim #1 complained of pain in her scalp, especially on the left side of her scalp,

where Amaya-Vasquez had pulled her hair. However, Victim #1 declined medical

attention. Officers ‘then conducted a Lethality Assessment Program (LAP) assessment

with Victim #1. During the LAP assessment, Victim #1 answered “Yes” to the following

questions: a) has he ever used a weapon against you or threatened you with a weapon?; b)

has he threatened to kill you or your children?; c).do you think he might try to kill you?;

d) does he have a gun or can he get one easily?; e) has he ever tried to: choke you?; fis

he violently or constantly jealous or does he control most of your daily activities?; g)

have you left him or separated after living together or being married?; and h) does he

follow or spy.on you or leave threatening messages?” Additionally, officers. noted the.

following in the LAP assessment: “She believes he could try to kill her children in

Honduras.”

On February 28, 2015, Victim #1 filed an Adult Abuse/Stalking Petition for Order of

Protection against Amaya-Vasquez in the 16" Judicial Circuit Court of Jackson: County,

Missouri; the petition was issued that. same day (Case Number 1516-FC01741). In the

petition, Victim #1 noted that “[Amaya-Vasquez] is escalating as time. €.g0es by and I fear

for my and my childs life.”

Damage to Chevy Equinox on May 7, 2015

On May 7, 2015, at approximately 11:57 p.m., Victiin #1 heard a noise-in the back of her

residence (2813 E. 49" Street in Kansas City). Victim #1 observed Jose Amaya-Vasquez

in her back yard. Shortly thereafter, Victim #1 noticed damage to her vehicle the Chevy

Equinox; spécifically, the Chevy Equinox had damage to the windshield. Victim #1

called the police after observing the damage to her vehicle.

Text Messages from Amaya-Vasquez to Victim #1 on May 8, 2015

On May 8, 2015, Amaya-Vasquez sent the following text messages to Victim #1; Victim

#1 did not respond to. the messages:

Amaya~Vasquez: Well, if you want me to cause a disaster/make a scene

tomorrow at your party, don’t answer me at all.”

Amaya-Vasquez: Today at your daughter’s birthday we will goon a shooting

spree and without pointing at anybody — in the: other one

not to miss.

2 According to the FBI, the party Amaya-Vasquez is referring to: was going to be for Victim #1’s daughter in

Honduras. Victim #1 cancelled the party in Honduras out of fear something would happen.

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Amaya- Vasquez: We will think whether to have the shooting: spree or not;

we'll see what happens.

Kidnapping of Victim. #1 and Victim #2

Lvents.of May 23, 2015

During the morning hours.of May 23, 2015, Victim #1 dropped off Victim #2 at daycare

and reported to work between 8:30 a.m. and 9:00 a.m. While at work, and prior to lunch,

Victim #1 received a call from Amaya-Vasquez, who asked to “borrow” Victim #2 to

take to a patty. Victim #1 agreed and called the daycare to let Victim #2 leave with

Amaya-Vasquez. Amaya-Vasquez subsequently picked Victim #2 up from daycare.

At approximately 8:30 p.m., Amaya-Vasquez met Victim #1 in the parking lot of a

Burlington Coat Factory in Independence, Missouri; Amaya-Vasquez had. Victim #2 in

his vehicle. Amaya-Vasquez entered Victim #1°s vehicle and threatened her, stating she

had to decide that night if she wanted to live or die. Amaya-Vasquez had a white-handled

folding knife in his hand when he made the threat. Amaya-Vasquez told Victim #1 that

he was not kidding and poked her with the knife on the right thigh. Amaya-Vasquez then.

duct-taped Victim #1°s wrists and ankles so she could not ran; Amaya-Vasquez also

threatened to kill Victim #1 if she screamed. Amaya-Vasquez told Victim #1 that he did

not want to leave his vehicle in the Burlington Coat Factory parking lot, fearing it would

be towed. Amaya-Vasquez instructed Victim #1 to follow him, and that if she did not

follow him, Amaya-Vasquez threatened to hurt their baby (Victim. #2). and himself,

Victim #1 agreed and Amaya-Vasquez removed the duct tape so-she could drive.

Victim #1 followed Amaya-Vasquez in her vehicle. fe an abandoned house. located at. .

2214 Van Brunt Boulevard in Kansas City, Missouri.> Once inside the abandoned house,

Amaya-Vasquez instructed Victim #1 to place their daughter on a blue cot so: she could

sleep. Amaya-Vasquez threw clothing on the floor and told Victim #1. to lay. on-them;

Amaya-Vasquez then laid next to Victim #1. Amaya-Vasquez told Victim #1 they needed

to rest because they were going to New York and she needed to do everything he told her

to do because he was the one who gave orders. Amaya-Vasquez told. Victim #1 that she

was here to be his woman. Amaya-Vasquez threatened to kill Victiin #1’s three children’

and her mother in Honduras.

Amaya-Vasquez told Victim #1 that she had to do everything he said. Amaya-Vasquez

then had.sexual intercourse with Victim #1 without her consent, Before the sexual

assault, Victim #1 tried to separate herself from Amaya-Vasquez, but Amaya-Vasquez

grabbed Victim #1 by her arms and wrists and forced ‘himself on her. Amaya-Vasquez

3 This residence was owned sd by ‘Amaya-Vasquez’ 's former boss, Z.M.A., who allowed Amaya-Vasquez. to live there

for several weeks in-2015. The property was abandoned but was being rehabbed, The house had no. funning water or

electricity. During Victim #1°s statement to law enforcement, she. said she urinated ina: corner of the house: because

‘the toilets did not work, According to the FBI, the house was- extremely dangerous to walk in, An. officer from the:

Kansas City Police Department told the FBI that in full daylight, he had to be extremely carefil walking around die

to the:holes in the floors,

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then removed his clothing and told Victim #1 not to resist. Victim #1 tried. to push

Amaya-Vasquez away, but he grabbed her by her wrists and. pinned her to: the floor.

Amaya- Vasquez then removed Victim #1’s clothing and inserted-his penis into Victim

#1’s vagina and ejaculated. Afterwards, Amaya-Vasquez told Victim #1 that she was

going to be with him until death and to get some rest because the next day they were

going to New York.

Approximately 20 to 25 minutesafter the first sexual assault, Amaya-Vasquez told

Victim #1 he wanted to have sex again, and threw Victim #1 to the floor and removed her

clothing. Victim #1 begged Amaya-Vasquez to stop; Amaya-Vasquez replied that it

would only: be three minutes. Amaya-Vasquez caressed Victim #1’s chest and inserted

his penis into her vagina and ejaculated. Victim #1 attempted to. get her keys.and escape

but the defendant caught Victim #1. Amaya-Vasquez and Victim #1 then fell asleep.

Events af May 24, 2015

When they woke up the next morning (May 24, 2015), Victim #1 asked Amaya-Vasquez.

to let her go. In response, Amaya-Vasquez told Victim #1 he would do: everything to

have his family back and that he loved Victim #1 and Victim #2. Amaya-Vasquez then

tied up Victim #1’s hands with duct tape and placed a blanket over her-hands so no one

could see. Amaya-Vasquez then handed Victim #1 their child and walked Victim #1. to

her car. Amaya-Vasquez told Victim #1 that he had.a job to finish. (Amaya-Vasquez

worked as a laborer) and drove her and their child to a house in North Kansas. City.’

When Amaya-Vasquez got out of the vehicle, Victirn #1 sent a text message to her friend,

M.B., explaining that she was abducted by Amaya-Vasquez, and sent M.B. the address of

a nearby house with the name of the street. After receiving the text message, M.B.

- walked into a police station in Kansas City, Missouri, and reported that his friend, Victim

#1, sent him text messages at 1:30 p.m. which stated that she had been. abducted by her

ex-boyfriend and father of her child and that she had been tied up and: het leg was cut.

Victim #1 also provided two addresses to which she had been taken. After the text —

messages, M.B. spoke with Victim #1 and she told him that “she was tied up, her child

was ok, and they were headed to an address on VanBurnt [which was in Kansas City]”

and she asked for help. M.B. provided law enforcement officers with descriptions of

Amaya-Vasquez’s truck and. Victim #1’s vehicle.

After Amaya~Vasquez finished his job in North Kansas City, he took Victim #1 and their

child to his boss’s house, where Amaya- Vasquez retrieved several black trash bags of his

clothing and placed the clothing in the Chevy Equinox. At approximately 2:00 p.m.,

“The defendant worked as a laborer for M.Z.A, at-Z Lawn, a business that preserved foreclosed: homies as a subcontractor in the Kansas Cityarea. The FBI interviewed the defendant's boss; M.Z.A., in May 2016..M.Z.A. recalled

that on May 24, 2015, Amaya-Vasquez showed up at M.Z.A.’s house to pick up- his pay in-cash, Amaya-Vasquez

was operating a white Ford F-150 pickup truck. M.Z.A. recalled. Amaya-Vasquez had his daughter i in the truck, and

believed Amaya-Vasquez’s ex-girlfriend was in'the back seat; however, because the windows were tinted, he could

not see well through the windows. Amaya-Vasquez told M.Z.A. that he was. going to finish a ‘job, specifically out.

down a tree, and needed a chain. saw, Amaya- Vasquez was provided: a chain saw, and returned the sawito MoZAL

later that day.

-1l-

US. DISTRICT COURT JOSE AMAYA-VASQUEZ

47,

48.

49,

50.

Amaya-Vasquez, Victim #1, and Victim #2 left Missouri in the Chevy Equinox on

Highway 70 East towards New York.

Events of May 25, 2015

On May 25, 2015, at approximately midnight, Amaya-Vasquez stopped at a Motel 6 in

Englewood. Ohio.® After Victim #1 put the baby to sleep, Amaya-Vasquez approached.

her without any clothing on and removed Victim #1’s clothing. Victim #1 tried to keep

her legs closed but Amaya-Vasquez forced them open with his legs. Victim #1 said to

Amaya-Vasquez: “No, no, please, not again.” Amaya-Vasquez grabbed Victim. #1’s

wrists and pinned her down onto the bed. Amaya-Vasquez told -Victiny #1 that she had to

fulfill her “wifely duties.” Amaya-Vasquez penetrated Victim #1’s vagina with his penis

and ejaculated. Amaya-Vasquez had plastic. insertions/pellets on his penis that hurt

Victim #1 during sexual intercourse. Amaya-Vasquez previously explained to Victim #1.

that the plastic pellets were inserted. on his penis: while he was incarcerated in a jail in

Mexico.” Afterwards, Victim #1 went to the bathroom to clean herself up. Amaya-

Vasquez and Victim #1 then fell asleep.

_At approximately 9:00 a.m., Amaya-~Vasquez and Victim #1 woke up and went to have

‘breakfast. By this time, Victim #1 knew police were looking for her, so she tried to delay

Amaya-Vasquez by stopping and looking in stores. Victim #1 told Amaya-Vasquez she

would look for a Mexican restaurant on.her phone, and turned on her cellphone to search

for a restaurant. Amaya-Vasquez told Victim #1 that he turned the GPS off on her

cellphone. However, Victim #1 turned the GPS back on with the hope that police would

locate her. Amaya-Vasquez and Victim #1 then went to El Cazador Mexican Restaurant,

located at 555 W. National Road in Englewood. However, the restaurant was closed, so

Amaya-Vasquez and Victim #1 went inside a K-Mart near the restaurant and purchased

-underwear and clothing for Victim #2 until the restaurant opened. Once the restaurant

opened, Amaya-Vasquez, Victim #1, and their child went inside and ate lunch. After they

were done eating, they got back on Highway 70 East towards New York.

At one point during the trip, Victim #1 convinced Amaya-Vasquez to allow her to drive;

Amaya- Vasquez agreed. While Victim #1 was.driving, she began to. speed in.the hopes of

getting pulled over by the police. Amaya-Vasquez realized what Victim #1 was doing,

put.a knife to her side, and forced her to pull the Chevy Equinox over. Amaya-Vasquez

did not allow Victim #1 to drive again.

At approximately 11:36 p.m., Amaya-Vasquez, Victim #1, and Victim #2 arrived in

Bellmawr, New Jersey. Amaya-Vasquez checked in at a Super 8 Motel located at-341 S,

Black Horse Pike in Bellmawr. Upon arriving at the motel, Amaya-Vasquez entered the

lobby. and returned with a key to room 205. Amaya-Vasquez, Victim #1,.and Victim #2

went to room 205. Once inside the room, Victim #1 laid down next to her child after the

child went:to sleep for a time; Amaya-Vasquez laid down in. the other bed. Preabatl

’ A detective with the Englewood Police Department checked with the Motel 6-arid.learned that on May 25, 2015; an

individual checked in under the ‘name “Noe Banitez” with.a listed address of “9325-N. Main St., Honduras.”

° The FBI confirmed that Amaya Vasquez, has plastic “beads” inserted atthe top of his penis,

—«12-

U.S, DISTRICT COURT JOSE AMAYA-VASQUEZ

31.

52.

53.

34.

Amaya-Vasquez got up. from his bed and approached Victim #1 with the. knife in his

hand. Victim #1 told Amaya-Vasquez that she would scream if he tried to have sex with

her again. Amaya-Vasquez told her that he gave the orders. while holding the knife in his

hand. Amaya-Vasquez took off her clothing while she was in ‘bed with. their child.

Amaya- Vasquez grabbed Victim #1 by the wrists and kissed her breasts; he then

penetrated her vagina with his penis and ejaculated. Amaya-Vasquez then went to sleep;

Victim #1 stayed with the baby.

Arrest of Jose Amaya-Vasquez

‘On May 24, 2015, the Kansas City Police Department’s Career Criminal Unit began

tracking Victim #1’s cellphone. On May 25, 2015, at 10:25 p.m. and’ 10:43 p.m., the

Career Criminal Unit was notified that Victim #1’s cellphone was located in the area of

‘the New Jersey Turnpike and Route 168 near Bellmawr, New Jersey.

On May 25, 2015, at approximately 11:50 p.m., the Kansas City Police Department

requested the assistance of the Bellmawr Police Department for a. well-being check on

Victim #1. The Kansas City Police Department provided vehicle descriptions for Amaya-

Vasquez’s vehicle and Victim #1’s vehicle.

On May 26, 2015, at approximately 1:50. a.m., the Bellmawr Police Department located

Victim. #1’s vehicle at the Super 8 Motel, Officers questioned. the clerk at the Super 8

Motel regarding the vehicle, and the clerk advised that a Hispanic male named “Benitez

Hondurena” checked into room 205 with what he believed was a: woman:and a child.

Officers knocked on the door of room 205 and received no response. After police

knocked on the door, Amaya-Vasquez fled room 205 through the bathroom ceiling.

Victim. #1, holding her child, emerged from room 205. Victim #1. and her. child were

escorted to a patrol car and room 205 was secured. Victim #1 told police that. Amaya-

Vasquez stabbed her in Kansas City and held a knife to her while forcing her to-have sex:

with him. Victim #1 showed police.a small cut on her right knee. She-also hada. puncture

wound on her tight thigh. Victim #1 was shaking and crying: during the interview..

Officers found no one else in room 205 but did locate a chrome and ivory-colored folding

knife with a 2% - 3 inch blade in the room. Victim #1 advised police that Amaya-

Vasquez went up into the ceiling when police knocked on the door. A ‘teview of the

Super 8 Motel security video revealed that Amaya-Vasquez. exited room.206, jumped

over the railing to the ground, and walked away from the motel at 1:53 a.m.

At approximately 4:13 am., an officer with the Bellmawr Police Department spotted

Amaya-Vasquez walking toward a Dunkin Donuts located at 220 S. Black Horse Pike in

Bellmawr. The officer stopped Amaya-Vasquez in the parking. lot. “Amaya-Vasquez,

stated he was coming from the gas station across the street and was getting a coffee.

When directed by the officer to sit down, Amaya-Vasquez fled on foot behind the Dunkin

Donuts. Officers pursued Amaya-Vasquez on. foot, ordering Amaya-Vasquez to stop

running and that he was: under attest. Amaya-Vasquez ran to the rear yard. of 218

Saunders. Avenue and jumped over a wooden fence. As he jumped over the fence,

Amaya-Vasquez broke a whole panel of fence, which cut the left forearm of a chasing:

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U.S. DISTRICT COURT , JOSE AMAYA-VASQUEZ

65.

66.

67.

68.

69.

‘10.

71.

Although the U.S. Probation Office failed to apply this enhancement, the Court can

consider Victim #1°s injuries when determining where within the applicable guideline to

sentence Amaya-Vasquez,

Pursuant to U.S.S.G, §2A4.1(b)(3), if a dangerous weapon is used, increase by two

levels. Throughout the kidnapping, Amiaya-Vasquez possessed and used a knife

(dangerous weapon) to threaten Victim #1. For example, on May 25, 2015, while Victim

#1 was driving, she began to speed in the hopes of getting pulled over by the police.

Amaya-Vasquez realized what Victim #1 was doing, put a knife-to her side, and forced

her to pull the Chevy Equinox over. Therefore, this enhancement applies to the

defendant.

Pursuant to U,S.8.G. §2A4.1(b)(5), a six-level enhancement applies if the victim was

sexually exploited. According to U.S.S.G. §2A4.1, comment. (n.3), “sexually exploited”

includes offenses set forth in 18 U.S.C. §§ 2241-2244, 2251, and 2421-2423. According

to. 18 U.S.C. § 2241, aggravated sexual abuse occurs when a defendant “knowingly

causes another person to engage in a sexual act...by using force against that other

person... or by threatening or placing that other person in fear that any person will be

subjected to death, serious bodily injury, or kidnapping.” Amaya-Vasquez used force ‘and

threats against Victim #1 to engage in sexual intercourse throughout the offense of

conviction; therefore, this six-level enhancement applies to the defendant.

Therefore, the adjusted offense level for Group Count Oneis 40.

Group Count Two (illegal Reentry)

A violation of Title 8, United States Code, Section 1326(a) is found at U.S.S.G. §211.2,

and calls for a base offense level of 8, pursuant to U.S.S.G. §21.1.2(a).

Pursuant to U.S.S.G. §2L1.2(b)(3)(D), if, at any time after the defendant was ordered

deported or ordered removed from the United States for the first time, the defendant

engaged in criminal conduct resulting in a conviction for any other felony offense (other

than an illegal reentry offense), the offense level is increased by four levels, Amaya-

Vasquez was deported on October 22, 2014, and reentered the United States in

approximately November 2014. In May 2015, Amaya-Vasquez kidnapped Victim #1 and

Victim #2, and eventually pled guilty to the instant offense. As stich, the defendant

engaged in criminal conduct resulting in a felony conviction after he was deported. in

2014; therefore, the offense level is increased by four levels.

The adjusted offense level for Group Count Two is 12.

Grouping

Pursuant to U.S.S.G. §3D1.4, after all counts and groups are calculated, one unit is

assigned to the Count or Group with the highest. adjusted offense level. Any counts or

groups that are one to four levels less than the highest offense level are also assigned one

unit, Any counts or groups that are five to eight levels less than the highest offense level

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U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

72.

73.

74.

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are assigned one-half unit. Finally, pursuant to U.S.S.G. §3D1.4(c), disregard any Group

that is 9 or more levels less serious than the Group with the highest offense level; such

Groups will not increase the applicable offense level but may provide a. reason for

sentencing at the higher end of the sentencing range for the applicable offense level.

Group Count One (40) is the highest offense level; therefore, one unit is assigned to that

group. Group Count Two (offense level of 12) is 28 levels less serious than Group Count

One (offense level of 40); therefore, Group Count Two will not increase the applicable

offense level, that is, 40.

Victim Impact

The provisions of the Mandatory Victim Restitution Act of 1996 (MVRA) apply to’ this

Title 18 offense.

On July 26, 2017, Victim #1 completed and signed a Declaration of Losses form claiming

$6,100.00 in restitution. Victim #1 indicated that as a result of the offense, she was

unable to work for three months, which resulted in a loss of $3,600.00 ($300.00 per

week/$1,200.00 per month for three months), Additionally, Victim #1 advised. she lost a

1999 Ford F-150 valued at $2,500.00 as a result of this offense. Therefore, the total

restitution owed to Victim #1 is $6,100.00.

Victim #1 also provided a written victim impact statement, which is recited below, The

statement was written in Spanish and translated by the Official Court. Translator for the

District of New Jersey.

July 26, 2017

Dear Judge Noel L. Hilbman,

Iam MJS.D., the victim in the case encaptioned United. States of

America vs. José Amaya Vasquez.

lam thankful to God for restoring safety and confidence once again to my

life, and I am likewise thankful to you and all the staff who impart the

Justice of the United States of America for the decision to protect the

population in general and[,] in particular[,] for all the support that I have

received up to.now.

For a long time 1 M.J.S.D. was a victim of domestic violence verbal and

emotional by the defendant José C. Amaya Vasquez his man.caused great

harm to my life, a lack of confidence, fear, low self-esteem After being

tormented for so long tired: and desperate made the decision to seek help

from the police in. K.C. MO, which they gave me ut that was not enough to

stop the fury and anger of the defendant José C. Amaya Vasquez.

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US. DISTRICT COURT | JOSE AMAYA-VASQUEZ

76.

77.

After a period of receiving text messages and telephone calls. with threats

to my person and my family the defendant deprived me of my liberty, with

my daughter A.J.A, his took place over a period of approximately 3 days,.

during which time. I suffered blows, sexual abuse, verbal abuse, [and] an

injury with a bladed weapon to my right leg. To all of this I add the

psychological damage he caused me, moments of depression, sleepless

nights, financial harm, loss of employment, loss of a vehicle and loss of

time,

With. gratitude for the time you take to read my letter and the time you

have taken to handle this case up to its culmination with a considerable.

sentence I M.J.S.D. as a victim, demand Justice because the defendant

José C. Amaya Vasquez. is not a person who can be trusted to live in the

midst of society. In the interest of Justice and the safety of our community

and especially my safety and that. of my family I ask that Justice be done.

[Signature]

Most sincerely,

[M.S.D.]

Adjustment for Obstruction of Justice

During the early morning hours of May 26, 2015 (date of the defendant’s atrest), Amaya-

Vasquez was stopped by an officer with the Bellmawr Police Department while walking

towards a Dunkin Donuts located at 220 S. Black Horse Pike in Bellmawr. After a brief

conversation, Amaya-Vasquez fled behind the Dunkin Donuts and a foot pursuit ensured,

During the foot pursuit, Amaya-Vasquez jumped over a wooden fence, which broke a

whole panel of fence; the broken panel cut the left forearm of a chasing officer (the injury:

was described as “scrapes and cuts” in the Bellmawr Police Department Investigation

Report). Amaya-Vasquez proceeded to run into a wooded area and up a tree. Police sét

up a perimeter of the wooded area, and observed Amaya- Vasquez approximately 25 feet

up a tree. Officers then surrounded the tree. and. ordered Amaya-Vasquez to come down.

Amaya-Vasquez eventually came down from the tree and was placed under arrest without

incident.

According to U.S.S.G. §3C1.1, comment (n.5(D)), avoiding or fleeing from arrest

ordinarily does not warrant application of U.S.S.G. §3C1.1 (Obstruction of Justice) but

may warrant a greater sentence within the otherwise applicable guideline Tange.

Additionally, although the police officer cut his arm while pursuing Amaya-Vasquez, itis

the positon of the U.S. Probation Office that the applicability of US.S.G. §3C1.2.

(Reckless Endangerment During Flight) does not apply, as the defendant’s actions did not

create, a substantial risk of death or serious bodily injury (emphasis:added) to pursuing

officers,

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US. DISTRICT COURT JOSE AMAYA-VASQUEZ

78.

79.

80.

81.

82.

83.

84.

85,

86.

87.

88.

89.

Adiustment for Acceptance of Responsibility

AS ‘of December 9, 2017, the defendant has not provided a statement regarding

acceptance of responsibility.

However, based upon the defendant’s guilty plea, it. appears that the defendant. has

accepted responsibility for the offense of conviction and is entitled to the two-level

reduction in the offense level under U.S.S.G, §3E1.1(a). The defendant. entered a guilty

plea in this case on April 17, 2017, after a jury was impaneled and opening statements

‘were to commence; therefore, the defendant will not be awarded an additional.one-level

reduction. under U.S.8.G. §3E1.1(b) for timely notifying authorities of his intention. to

plead guilty.

Offense Level Computation

The 2016 Guidelines Manual, incorporating all guideline amendments, was: used to

determine the defendant's offense level. U.S.S.G. §1B1.11.

Counts 1 and 2 are grouped (“Group Count 1”) for guideline calculation purposes.

U:S.S.G. §3D1.2(a).

Group Count 1: Kidnapping

Base Offense Level: The guideline for a violation of 18 U.S.C. § 1201(a)(1) is

U.S.S.G. §2A4,1, and calls for a base offense level of 32, pursuant to U.S:S.G.

§2A4.1(a). 32

‘Specific Offense Characteristics: A dangerous weapon (knife) was used;

‘therefore, the offense level is increased by two levels, pursuant to U.S.S.G. —

§2A4.1(b)(3). Ey)

Specific Offense Characteristics: The victim was sexually exploited; therefore, |

the offense level is increased by six levels, pursuant to U.S.S.G. §2A4.1(b)(5). 46

Victim Related Adjustment: None: 0

Adjustment for Role in the Offense: None. | Q

Adjustment for Obstruction of Justice: None. 0

Adjusted Offense Level.(Subtotal): 40

Group Count 2: IMlegal Re-Entry |

Base Offense Level: The guideline for a violation. of 8 U.S.C. § 1326(a) is

U.S.S.G. §21.1.2, and calls for a base offense level of 8, pursuant to U.S.S.G.

§2L1.2(a). 8

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U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

On October 3, 2006, Amaya-Vasquez was arrested for this offense. The defendant

reportedly made several oral admissions to police after his arrest; he also gave a sworn

written statement to police,

During the presentence interview on May 18, 2017, Amaya-Vasquez claimed. he was

given a check. that another individual wanted Amaya-Vasquez to cash. Once Amaya-

Vasquez-cashed the check, he gave the individual the money; the individual then gave the

defendant. $50.00.

107. 06/07/2014 — Assault; Kansas City Police 06/10/2014: Bench

(Age 29) Case No,: Department, Kansas Warrant Issued ($5,000

G00061 709-9 City, Missouri bail)

The circumstances for this case are detailed in Paragraphs 28 to 31.

Active Warrants

108. In addition to the warrants listed above, Amaya-Vasquez has three active warrants out of

Kansas City, Missouri. The warrants are as follows:

| Date of Charge Court/Case Number —_| Bail Date of

Warrant Offense.

05/27/2015 | Rape or Attempted | Circuit Court of Jackson | $175,000 | 02/14/2015

Rape~ 1" Degree | County,. Missouri (PSR

(1516-CRO1972) 32-34)

06/06/2016 | Domestic Assault - | Circuit Court of Jackson | $50,000 | 02/27/2015

2" Degree County, Missouri . (PSR

(1616-CR01964) 35-37)

11/09/2016 | Rape or Attempted | Circuit Court of Jackson. | $50,000 | 05/23/2015 |

Rape—1* Degree | County, Missouri (PSR 4 :

(1516-CR04278) 40-44)

Other Arrests

Date of .

Arrest Charge Agency Disposition

109. 02/14/2005. Alien Inadmissibility, Customs and Border 07/04/2014: Deported

(Age 20) Case No.: 31737385 Protection, to Honduras

Brownsville, Texas

The circumstances for this case are detailed in Paragraph 17.

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U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

110. 05/26/2013 Count One: Possession Bellmawr Police 10/27/2015: Charges

(Age 30) of Weapon for Department, Dismissed

Unlawful Purpose Bellmawr, New

111.

Count Two: Unlawfil Jersey

Possession of Weapon

Count Three: Resisting

Arrest/Eluding

Count Four:

Aggravated Sexual

Assault-Armed

Count Five: Criminal

Restraint-Risk of

Serious Bodily Injury

to Victim

Count Six:

Kidnapping-Bodily

Injury or Terrorize

Victim

Count Seven:

Terroristic Threats;

Case No.’s: W 2015-

000132-0404, W 2015-

000133-0404, and W

2015-000136-0404

This-arrest marks the instant federal offense.

Motor Vehicle History

A motor vehicle check in New York and Missouri was unsuccessful in locating a driver's

license for the defendant.

PART C. OFFENDER CHARACTERISTICS

112.

The following information was obtained during personal interviews with the defendant on

May 18, 2017 and September 27, 2017, at the Federal Detention Center-Philadelphia;

defense. counsel was present for the interviews. Both interviews were translated in .

Spanish.

Personal and Family Data

Jose Cristino Amaya-Vasquez was. born on January 1, 1985,-in Mareala, Honduras. The

defendant is one of seven children born to the former marital union.of Jose Cristind. —

Amaya-Benitez and Marta Alicia Vasquez. The defendant’s father, 65, resides in

Marcala, Honduras, and is a selfemployed coffee farmer. Mr. Amaya-Benitez is

reportedly i in good health. The defendant’s mother, 50, resides in Marcala, Honduras, and

is unemployed. Ms. Vasquez suffers from diabetes. The defendant’s parents divorced. in

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U.S. DISTRICT COURT | JOSE AMAYA-VASQUEZ

113.

114.

115.

116.

2008; neither has remarried. The defendant keeps in contact with his: parents over the

telephone; they are aware of the defendant's legal issues.

The defendant has five surviving siblings and one deceased sibling. The defendant's

surviving siblings are as follows: Jose Heraldo Vasquez, 38, resides in Kansas City,

Missouri, is married, has three children, and is employed as:a cook for Applebee’s; Alicia

Marleni Amaya-Vasquez, 30, resides in Marcala, Honduras with her mother, is: not

married, has three children, and is. unemployed; Milton Misael Amaya-Vasquez, 28,.

resides in Northport, New York, is not.married, has one child, and is a cook at a pizzeria;

Lennin Isaid Amaya-Vasquez, 25, resides in Honduras, is married, has two children, and

works on the family’s coffee plantation; and Yasmin Noemi Amaya-Vasquez, 22, resides

with her mother in Honduras, is not married, has one child, and may be unemployed (she

was a student but withdrew from school due to lack of funds). Amaya-Vasquez had a

brother, Vicente Antonio Amaya-Vasquez, who died in 1983 at the age of 2. The

defendant was uncertain how his brother died. Amaya-Vasquez’s. mother reportedly

blamed the defendant for his brother’s death, as she had to stop breastfeeding Vincente to

breastfeed the defendant.

As noted above, the defendant was born in 1985 in Marcala, a municipality in the

Honduran department of La Paz and a region known for its coffee production. Amaya-

Vasquez resided in Marcala for the first 20 years of his life before entering the United

States in 2005.

Amaya-Vasquez recalled an impoverished childhood in Honduras. The defendant and his.

five siblings resided with their parents on 15-acre coffee plantation in-rural. Marcala. The

family lived in. a wooden house consisting of one large room and a kitchen. The house

had one window, one bed, and no floors (dirt only). Although. the children had food and

shelter, the family was “poor.” The family raised pigs and chickens, which would be used

for their own consumption. Also, water was retrieved from local. wells, The defendant’s

father worked in the coffee plantation fields while the defendant’s mother stayed home

with the children; she occasionally helped her husband in the fields: The defendant’s

parents: enjoyed a happy marriage, but sometimes argued with each other. During

arguments, Amaya-Vasquez’s parents sent the kids outside so they would not observe or

hear the arguments. For fun as a child, the defendant recalled spending time in the local

rivers, swinging on vines similar to the ones found in the movie “Tarzan.” The defendant

also climbed trees. As a result, the defendant often fell from trees, and would sometimes

lose consciousness and wake up at home.

Amaya-Vasquez indicated that Marcala was infested with gangs who “fought each other”

and left the citizens of the town living in fear. Because the defendant’s family lived one

hour from El Salvador, members of the MS-13 gang would. cross into Hondutas and

cause violence in the area. “It was awful,” said Amaya-Vasquez.. The. defendant; recalled.

his father prohibiting his children from leaving theit property due to the gang violence.

Local newspapers often reported on the gang violence, and the defendant recalled

accounts of beheadings and body parts “everywhere.” Although the defendant denied

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U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

117,

118.

119.

120.

121.

witnessing any killings, he recalled seeing the body: of a police officer. floating i in a.river;

the police officer was reportedly murdered by a local gang,

Amaya-Vasquez’s relationship with his father was “hard.” The defendant was forced to

withdraw from school at the age of 12 to help his father tend to the coffee plantation.

According to the defendant, he was physically abused by his father from the age of 6

until the age of 15, for “doing things [his father] didn’t like,” such as waking up. late or

not wanting to work. The defendant’s father would reportedly hit the defendant with

sticks from the coffee trees. As the-defendant got older, he was verbally abused. by his

father. Amaya-Vasquez recalled his father insulting him, calling him a “whore,” “lazy,”

“dummy,” and “stupid.” Amaya-Vasquez’s. mother also verbally abused’ the. defendant.

The defendant’s siblings were also subjected to abuse, but not to the extent of the

defendant:

Due to the abuse he suffered, the defendant often warned his parents he would move out

of the home. At the age of 15, Amaya-Vasquez followed through and left the family

home for an uncle’s house in a neighboring town. One month later, Amaya-Vasquez

returned home and the abuse stopped. Today, the defendant maintains a close relationship

with his parents and holds no grudges for the abuse he suffered as a child.

In 2005, the defendant left Honduras for the United States. The defendant explained he

left Honduras to financially support his family, who: was “in-dire economic straits” at that

time. For example, the defendant’s siblings had no shoes, and the family had to sell one

hundred pounds of coffee to make $15.00. Also, the defendant’s uncle was teporiedly

killed by the local gangs in Hotiduras.

Upon entering the United States, Amaya-Vasquez was reportedly stopped by immigration

authorities while crossing a river near the United States border in Texas. According to the

defendant,. at that time, immigration officials allowed immigrants of Honduras to: enter

the United States on brief visas. The defendant was reportedly given a three-month visa. -

to enter the United States. and a court date in immigration court. The defendant failed-to

appear for that court date; instead, Amaya-Vasqitez took a bus and a train to New York,

where he lived with a family friend — Doris Membrefio — in Long Island, New York. The

defendant immediately obtained employment at The Fox Hollow country club in Long.

Island, New York,

After approximately six months living with. Doris Membrefio in Long Island, Amaya-

Vasquez saved up enough money to move out on his own. The defendant rented an

apartment on 13" Street in Huntington, New York, and lived by himself..After a couple

of months, * “acquaintances” from Honduras moved in with Amaya-Vasquez in Long

Island. After six months.living on 13" Street, Amaya-Vasquez moved to an. apartment on

Depot. Road in Huntington, where he lived with his brother, who came to the United

States to reunite with the defendant. After three months, the building where the defendant

and his brother lived was foreclosed on, which forced the defendant. and his brother to

move to an apartment on | 1" Street in. Huntington,

~25.~

U.S. DISTRICT COURT _ JOSE AMAYA-VASQUEZ —

122.

123.

124,

125.

126.

127.

128.

129,

In 2007, Amaya- Vasquez left New York for Missouri. According to the defendant, he left

New York because he had “a problem with police” after his arrest for forgery and

outstanding immigration warrant..Amaya-Vasquez left New York on a Greyhound bus

and arrived in Kansas City, Missouri. The defendant reunited with Olvin Chicas, a friend

from Honduras, and. the two lived.together for approximately one year at 2610 Elmwood

Street in Kansas City. Amaya-Vasquez obtained a job as-a roofer and ‘saved money.

In 2008, the defendant returned to. New York and settled in Northport with friends from

Honduras. The defendant returned to New York because he was. “not well paid” in

Kansas City.

In early 2010, the defendant met Mariela Suazo Diaz at a house party in Northport. Ms.

Diaz recognized Amaya-Vasquez from her hometown. in Honduras; Amaya-Vasquez

played soccer with Ms. Diaz’s brother. While at the party, Amaya-Vasquez and Ms. Diaz

talked about Honduras, and soon after began dating and moved in together in New York.

The defendant and Ms. Diaz resided. at 219 Laurel Road in Northport for several months

before moving to Huntington, New York, for four months.

In late 2010, Amaya-Vasquez and Mariela Suazo Diaz left New York for Kansas City,

Missouri, on a Greyhound. bus. According to the defendant, the couple left New York

because Ms, Diaz wanted to move away ftom an ex-husband who was jealous of the

relationship between Ms. Diaz.and the defendant.

From 2011 to 2014, the defendant and Mariela Suazo Diaz lived in Kansas City. In 2012,

Ms. Diaz gave birth to their daughter, Ashlee Jackyeyn Amaya Diaz. The defendant

worked asa laborer while Ms. Diaz worked as a waitress,

According to investigative reports from the Kansas City Police Department. and the FBL

‘(as detailed-in the Offense Conduct section), the relationship between. the defendant and

the defendant and Ms. Diaz ended on June 7, 2014, when the defendant was. arrested for.

Ms. Diaz involved instances of domestic violence. The the defen relationship between

assaulting Ms. Diaz; he was eventually deported on July 4, 201

| to Honduras.

Upon arriving in Honduras, the defendant lived with his family for one month before

attempting to enter the United States again in September 2014, On September 11, 2014,

Amaya-Vasquez was apprehended by Border Patrol in Texas and charged with IHegal

Entry; the defendant was deported back to Honduras on Octobs x 22, 2014. The defendant

reportedly stayed in Honduras for two weeks before returning to ‘the United States in

November 2014. Amaya- Vasquez entered the United States by walking across the border

in Texas before paying individuals to drive him to Kansas City. The defendant returned

to the United States to reunite with Ms. Diaz and their daughter; the defendant advised he

did not want his daughter raised by another man. The: defendant claimed he was in

constant contact with Ms. Diaz during his journey back. to Kansas City, and was

reportedly picked up by Ms. Diaz when. tebuming|to: the area,

Amaya-Vasquez arrived in Kansas City, Missouri on January 10, 2015, After arriving in

Kansas City, the defendant resided with Ms. Diaz and their daughter for one month

26 -

US. DISTRICT COURT JOSE AMAYA-VASQUEZ

131.

133.

134.

135.

136.

before moving out on his own. Amaya-Vasquez reportedly moved out due to “problems

with Mexican people.” The defendant explained that while he was in Honduras, he

received a call from Ms. Diaz, who claimed she was raped by her boss, Guadencio

Pacheco, while working at Taqueria Mexico in Kansas City. Once back in Kansas City,

the defendant confronted Guadencio Pacheco, who apparently ‘sent six “Mexicans” to

assault the defendant. The defendant recalled an evening in February 2015 where he had

a struggle with approximately six. Mexican individuals. at his home. Amaya-Vasquez fled

the area in his truck while the Mexicans followed in another vehicle. The defendant was

able to.elude his chasers and subsequently moved out of Ms. Diaz's home one week later.

. ‘From 1) February 2015 until-May 2015, the defendant resided in an apartment in Kansas

City. In May 2015, the events of the instant offetise occurred. The defendant was atrested

on May 26, 2015 and has been incarcerated since. es

The defendant has never married and is currently single. Amaya-Vasquez had a-romantic

relationship with Mariela Suazo Diaz, 29, from 2010 to 2014. The relationship between

Amaya-Vasquez and Ms. Suazo Diaz produced one child, Ashlee Amaya Diaz, 5, who

resides with Ms. Diaz in Kansas City, Missouri. The defendant has an outstanding child

support order for Ashlee. Records obtained from the Missouri Department of Social

‘Services Family Support Division reflect the defendant was ordered to pay Mariela Suazo

‘Diaz $1.00 per month starting.on November 15, 2016 (Order Number 1616MC17531;

Case 81556113). As of September 27, 2017, Amaya-Vasquez has an outstanding child

support balance of $10.00.

In addition to his:daughter Ashlee, Amaya-Vasquez. has one additional child, Thomas

Macale Ayala, 9, who resides with his mother, Susana Ayala, in Kansas City, Missouri;

Susana is reportedly an ex-girlfriend of the defendant. Amaya-Vasquez advised that he

has not had contact with his son since his arrest for the instant offense, and indicated he.

does not owe child support for Thomas, as Susana “said she didn’t need. it.” Amaya-

Vasquez, denied having any other children.

The defendant currently has an Immigration and Customs Enforcement detainer lodged.

against him at FDC-Philadelphia. Amaya-Vasquez was ordered removed by an

Immigration Judge on March 14, 2017.

The defendant denied any gang affiliation.

Physical Condition ™

_ Jose Amaya-Vasquez stands 5°6” tall, weighs 185 pounds, and has brown eyes and black

hair. Amaya-Vasquez reported five scars on his body: on his-left hand is a scar from a

roofing accident; on his right thumb is a scar from a dog bite; on his.right wrist is a scar

from a fence; on his left lower back is a scar from a fence; and on his upper back i is.a Scar

“from a fall. The defendant denied having any tattoos.

The defendant advised he is in. generally good health. Amaya-Vasquez denied suffering

from: any health conditions, but advised ‘he. ‘sometimes gets headaches and “sees stars,”

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U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

137,

138,

139.

140.

141,

142.

which he believes is the-result of multiple falls from trees. Amaya-Vasquez takes Motrin

for headache relief. The defendant also has an infection in his tonsils but is not taking any

medications to treat the infection at FDC-Philadelphia.

At the age of 15, Amaya-Vasquez was treated. for a kidney infection in Honduras: The

defendant recalled that doctors wanted to do a biopsy but due to medical costs, the

defendant opted to treat the infection with injections instead. Since that time, the

defendant denied any issues with his kidney.

The defendant denied any history of surgeries or extended hospitalizations.

According to medical records obtained from the Bureau of Prisons, Amaya-Vasquez does

not suffer from. any health problems and is not prescribed any medication: On May 5,

2017, Amaya-Vasquez was treated for laceration to his scalp after hitting his head on a

concrete wall while playing handball in the recreation yard at FDC-Philadelphia. The

defendant was treated. with sutures to his scalp and prescribed ibuprofen for pain relief.

Mental and Emotional Health

Amaya-Vasquez denied any history of mental or emotional health issues, and denied. ever

being prescribed. psychotropic medications; he has never received mental health

treatment. The defendant advised he felt “depressed” after his arrest for the instant

offense, primarily because he missed his daughter. Amaya-Vasquez advised his

adjustment to incarceration has been “difficult because he misses his daughter and

cannot help his siblings with school. The defendant also indicated his mother needs help.

The defendant advised he maintains jobs in jail to help pass the time.

According to Bureau of Prisons records, the defendant has been identified.as a CARE1-

‘MH inmate due to the absence of mental illness. However, on April 29, 2016, Amaya-

Vasquez was seen by the Psychology Department at FDC-Philadelphia due to “ongoing

stress” related to his concerns over his daughter. The defendant reported ongoing worries

related.to the people his ex-wife allows in the home. The defendant stated. he “just wanted

to talk and let things out.” Amaya-Vasquez is not prescribed any psychotropic

medications at this time. ;

Substance Abuse

The defendant reportedly used. cocaine on six occasions, According to Amaya-Vasquez,

he first “snorted” cocaine in 2008 and last used cocaine on. January 20, 2015. The

defendant denied any other history of illicit substance use. Additionally, the defendant

advised he drinks alcohol only during holidays, and denied any alcohol-related issues.

The defendant never attended drug and alcohol treatment, and denied the need for tlie

same,

U.S. DISTRICT COURT . JOSE AMAYA-VASQUEZ

143,

144.

145,

146,

147.

148,

149,

Educational, Vocational and Special Skills

The defendant withdrew from grade school in the 6" grade and has never pursued. further

education; the defendant attended the Francisco Morazan School, located in the outskirts

of his hometown in Marcala, Honduras. According to Amaya-Vasquez, his parents fotced

him to withdraw from school at a young age because the family had no money and

needed the defendant to work on the coffee plantation. Despite a lack ‘of education,

Amaya-Vasquez can read and write Spanish,

The defendant advised he has received specialized training in construction, painting, and

sheet rock, Amaya-Vasquez denied having any. professional licenses. He speaks the

Spanish language and some English.

Employment Record

The defendant has been incarcefated since May 26, 2015. Prior to-his incarceration,

Amaya-Vasquez reported a steady employment history, consisting mostly as a laborer:

Amaya-Vasquez first held employment at a young age when he worked on his family’s

coffee. plantation in Honduras with his father. Initially, at the age of 6, the defendant

picked coffee with his mother; he also followed his mother around the plantation and

covered the coffee trees that were fertilized. As he got older, the defendant's

responsibilities increased, such as chopping the coffee trees with machetes, raking the

coffee tree weeds, picking coffee beans from the trees, and preparing and measuring out

coffee beans for production. Amaya-Vasquez typically worked from 7 a.m. until 1 p.m.

After work, the defendant was tasked with finding well water and firewood for the

family. The defendant worked on. coffee plantations from the age of 12 until 20.

Upon entering the United States in 2005, Amaya-Vasquez obtained. employment at The

Fox Hollow Country Club in Woodbury, New York. The defendant recalled working

long hours as a busboy, maintenance man, and landscaper, According to: the assistant

controller for The Fox Hollow, Amaya-Vasquéz was employed from December 3, 2005

to October 9, 2006, as a catering waiter and busboy. As verified by the défendant’s W-2

Wage and Tax Statement, he earned $318.50 in 2005. and ‘$4,461.00 in 2006; It is noted _

that the defendant allegedly forged a check on August 19, 2006, while. working at The

Fox Hollow (see Paragraph 106).

After leaving The Fox Hollow country club, Amaya-Vasquez worked. for a landscaping

company ~ Fred Large Landscaping ~ in Northport, New York. The defendant reportedly _

worked for this company for one-year.

In late 2006, the defendant moved from New York to Missouri, and - obtained

employment at Blackburn All-Star Roofing in Kansas City. As verified ‘by ‘the Vice

President of Blackburn All-Star Roofing Company, Amaya-Vasquez was employed at the

company from February 1, 2007 to September 13, 2007, as a roofer; the defendant earned.

$10.00 per hour.

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U.S, DISTRICT COURT JOSE AMAYA-VASQUEZ

150.

151.

152.

153.

154.

155,

In 2008, Amaya-Vasquez left Missouri and returned to New York, where he resumed

work at Fred Large Landscaping in Northport, New York. The defendant continued

working at Fred Large Landscaping until 2010. Simultaneously, the defendant worked as

a stocker for Best Jet supermarket in Northport and as a waiter at Larkfield, a catering

hall located: in East Northport, New York. The defendant worked long hours, often 15

hour days, to support both himself and his family. In fact, the defendant was able to save

enough money to pay for his sister Yasmin’s high school and college education in

Honduras.

In late.2010, the defendant moved back to Kansas City and worked as a roofer. Amaya-

Vasquez explained that he worked for independent contractors for approximately one

year before gaining employment with AR Sutprise, a construction company that cleaned

foreclosed homes. In this capacity, Amaya-Vasquez removed trash and debris from

foreclosed properties. Amaya-Vasquez worked for AR Surprise from 20 2 to 2014,

From 2013 to 2015, Amaya-Vasquez worked for Z Lawn, a business which cleaned:

foreclosed homes as a sub-contractor in the Kansas City, Missouri area. The defendant

worked on and off with Z Lawn from approximately 2013 to 2015; he was paid in cash.

This information was verified by the FBI, who interviewed Amaya-Vasquez’s boss,

Mohd Zaiham Abdullah. Abdullah described the defendant as a good worker who

showed up on time, Amaya-Vasquez worked for Abdullah when Amaya- Vasquez was-in

‘Kansas City, as the defendant would spend months at.a time in New York.

Potential Reentry Needs

The defendant is expected to be deported upon his release from imprisonment.

On May 18, 2017, the defendant completed and signed a Net Worth arid Monthly Cash.

Flow Statement. Amaya-Vasquez reportedly owns six “hectares” of land. in Honduras

(one hectare is equivalent to approximately two-and-a-half acres), as well as an empty-lot

in La Union, Honduras, reportedly worth $12,000. According to defense:counsel, he will

assume Power of Attorney for the defendant and, with the assistance of the defendant’s

family, sell the empty lot and send the money to the defendant’s. daughter, Ashlee.

Amaya-Vasquez also owns a house and lot in Honduras, which was inherited from. his

father. The home and lot are reportedly worth $20,000. Amaya-Vasquez plans. on

residing at this house after deportation; his mother currently occupies this residence. The

defendant denied having any other assets.

The defendant advised he owes child support to Mariela Suazo Diaz for their daughter,

Ashlee Amaya Diaz. Records obtained from the Missouri Department of Social Services

Family Support Division verified a child support order against Amaya-Vasquez for his

daughter, Ashlee Diaz. The defendant was ordered to pay Mariela Suazo Diaz $1.00 per

month starting on November 15, 2016 (Order Number 1616MC17531; Case 81556113).

As of September 27, 2017, Amaya-Vasquez has an outstanding child support. balance of

$10.00. The defendant denied having any other liabilities,

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U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

156.

157.

A credit check conducted through Equifax revealed no credit history for the defendant.

Also, a public records check conducted through Accurint/LexisNexis revealed no record

of the defendant.

Analysis:

Based on the defendant’s financial profile and the fact he is facing a lengthy term of

imprisonment, it appears he does not have the ability to pay a fine within the guideline

range, in addition to mandatory restitution. If the defendant is incarcerated, payment on a

fine or restitution can commence through the Bureau of Prisons. Inmate Financial

Responsibility Program. An inmate participating in this. program. will be able to

contribute half of monthly prison work earnings, for every month of imprisonment

served, toward any immediately due fine or restitution.

PART D. SENTENCING OPTIONS

158.

159,

160.

161.

162.

163.

Custody

Statutory Provisions: Count 1: The maximum term of imprisonment is life. 18 U:S8.C..§

1201(a)(1). Count 2: The maximum term of imprisonment is 10 years, 18 U.S.C, §§

2261{a)(2) and (b)(3). Count 4: The maximum term of imprisonment is 10. years. 8

‘ULS.C. §§ 1326(a) and (b)(1).

Guideline Provisions; Based upon a total offense level of 38. and a ‘criminal. history

category of I, the guideline.imprisonment range is 235 months to 293 months.

Impact of Plea Agreement

There is-no plea agreement in this matter.

Supervised. Release

Statutory Provisions: Count 1: The Court may impose a term of supervised release of:

not. more than five years. 18 U.S.C. § 3583(b)(1), Count 2: The Court may. impose a term

of supervised release of not more than three years. 18 U.S.C. § 3583(b)(2).. Count 4: The

Court.may impose a term. of supervised release of not more than three years. 18 U.S.C..§

3583(b)(2).

Multiple terms of supervised release shall run concurrently. 18 U.S.C. § 3624(e).

Guideline Provisions: Count 1: Since the offense is a Class A Felony, the guideline

range for a term of supervised release is 2 years to 5 years. USSG §5D1.2(a)(1). Count 2:

Since the offense is a Class C Felony, the guideline range for a term of supervised release

is 1 year to 3 years. USSG §5D1.2(a)(2). Count 4: Since the offerise is a Class C Felony, ©

the guideline range for a term of supervised. release is 1 year to 3 years. USSG

§5D1.2(@)@).

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164.

165.

166.

167,

168.

US.C. § 14135(a)(5).

U.S. DISTRICT COURT JOSE AMAYA-VASQUEZ

Probation

Statutory Provisions:. Count 1; The defendant is ineligible for probation because the

offense is a Class A Felony. 18 U.S.C. § 3561(a)(1). Count 2: The defendant is eligible

for not less than one nor more than five years’ probation because the offense is a Class C

Felony. 18 U.S.C. § 3561{c)(1). One of the following must be: imposed. as a-coridition of

probation unless extraordinary circumstances exist: a fine, restitution, ‘or community

service. Count 4: The defendant is eligible for not less than one nor more than five years’

probation because the offense is a Class C Felony. 18 U.S.C. § 3561(c)(1). One of the

following must be imposed as a condition of probation unless extraordinary

circumstances exist: a fine, restitution, or community service.

Multiple terms of probation shall run concurrently. 18 U.S.C. § 3564(b). :

Guideline Provisions: Since the applicable guideline range is in Zone D of the

Sentencing Table, the defendant is ineligible for probation. USSG §5B1.1,

comment.(n.2).

Possible Special Conditions

Pursuant to the provisions of 18 U.S.C. §§ 3563 and 3583, and USSG §§ 5B1.3 and

5D1.3, with regard to the special conditions of probation and supervised release,

respectively, the Court. has the discretion to impose special conditions of supervision to

the extent that such conditions are reasonably related to the factors set forth in 18 U.S.C.

§§ 3553(a)(1) and (a)(2) and to the extent that such conditions involve only such -

deprivations of liberty or property as are reasonably necessary for the purposes indicated

in 18 U.S.C. § 3553(a)(2). The special conditions that may be imposed at sentencing are .

listed in Appendix A of this report.

DNA Collection

Prior legislation in 2000 and 2001 (Public Law Nos. 106-546 and 107-56) amended. 18

U.S.C. 8§ 3563(a), 3583(d), and 4209 to require persons convicted of certain current or oa

prior federal offenses to cooperate in the collection of.a DNA sample. Public Law No,”

108-405. (October 30, 2004) amended 42 ULS.C, § 14135a(d)(1) to. expand. the list of

qualifying federal offenses to include any felony, any offense. under Chapter 109A of

Title 18, any crime of violence (as defined in 18 U.S.C. § 16), and any attempt or

conspiracy to commit any of the above offenses. The law amended 10 U.S.C. § 1565(d)

to expand the list of qualifying military offenses to include any offense under the

Uniform Code of Military Justice for which a sentence of confinement of more.than one

year can be imposed, and any other offense under the Uniform Code of Military Justice

that is compar able to a qualifying federal offense. Cooperation i in the. collection‘ofa DNA |

sample is a mandatory condition of community supervision unless. a. sample ‘has been

secured by the U.S. Bureau of Prisons during a term of imprisonment. Failure to

cooperate in the collection of a DNA sample is a Class A whisdemeanor, pursuant to 42

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U.S. DISTRICT COURT , JOSE AMAYA-VASQUEZ

169,

170:

171,

172,

173.

174.

Fines

Statutory Provisions: Counts 1, 2, and 4: The maximum fine is $250,000 per count. 18

U.S.C. 8 3571(b).

Counts 1, 2, and 4: A special assessment of $100 is mandatory per count. 18 U.S.C. §

3013.

Guideline Provisions: The fine range for this offense is from $25,000. to $250,000.

USSG §§5E1.2(¢)(3) and 5E1.2()(1).

Costs of prosecution shall be imposed on the defendant as required by. statute. USSG

§5E1.5, In determining whether to impose a fine and the amount of such fine, the. Court

shall consider, among other factors, the expected costs to the government of any term of

probation, or term of imprisonment and. term of supervised release imposed. USSG

§5E1.2(d)(7) and 18 U.S.C. § 3572(a)(6). These costs may include drug and alcohol

treatment, electronic monitoring, and/or contract. confinement costs. The most recent

advisory from the Administrative Office of the United States Courts; dated July 13, 2017,

provides the following monthly cost data:

Bureau of Community Supervision by

Prisons Facilities Correction Centers Probation Officer

Daily $95.00 $80.00 $12.00

Monthly ; $2,898.00 $2,440.00 $366.00

Annually $34,770.00 $29,280.00 $4,392.00

The Criminal Fine Improvement Act of 1987 is applicable. Any fine exceeding $2,500,

not satisfied within 15 days, will be charged interest at a rate determined by the U.S:

Treasury auctions. If a defendant is unable to pay interest, the Court may waive the

interest, limit the total interést to a specific dollar amount, or limit the time of interest

accrual. See 18 U.S.C. § 3612(f). The liability to pay a fine terminates the later of 20

years from the entry of judgment or 20 years after release from imprisonment. See 18-

U.S.C. § 3613(b). Fine payments, as well as the special assessment, should be made

payable to the U.S. Treasury and forwarded to the Clerk of the Court.

Restitution

Statutory Provisions: The Antiterrorism and. Effective Death Penalty Act of 1996

requires the Court to enter a restitution order if the instant offense is a crime of violence

(see 18 U.S.C. § 16), an offense against property, or a crime related te product tampering

(see 18 U.S.C. § 1365) and when an identified. victim suffers a physical injury ‘or

pecuniary loss, regardless of the defendant's ability to pay. This mandatory restitution

provision.(18 U.S.C. § 3663A) pertains to offenses committed after April 24, 1996, and

can only be waived if the Court finds that the sheer number-of identifiable victims makes

a restitution order impracticable or the complexity of fashioning an order outweighs the

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