Rances Amaya Defense Sentencing Memo

7/31/2019 Rances Amaya Defense Sentencing Memo

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

UNITED STATES OF AMERICA ** Criminal no. 1:11CR556

v. *

*

RANCES ULICES AMAYA * Honorable Anthony J. Trenga*

Defendant. * Sentencing: June 1, 2012

___________________________________ *

POSITION ON SENTENCING BY

DEFENDANT RANCES ULICES AMAYA

COMES NOW, the Defendant RANCES ULICES AMAYA, (hereinafter AMAYA),

by and through counsel and hereby represents onto the court as follows:

In accordance with Section 6A1.2 of the United States Sentencing Guidelines and this

Courts policy regarding procedures to be followed in guidelines sentencing, AMAYA hereby

states that he has reviewed with counsel his Presentence Investigation Report (hereinafter PSI)

prepared in this case and he presents the following arguments pertaining to the imposition of

sentence:

ARGUMENT

In reviewing and assessing the PSI, it is abundantly clear that AMAYA was raised by a

dysfunctional family without any familial controls on an adolescent boy.

The evidence presented at trial consisted of gang members (with reasons to testify

untruthfully) and young girls who were clearly intimidated by the judicial process and not

necessarily providing the most objective testimony.

Case 1:11-cr-00556-AJT Document 49 Filed 05/29/12 Page 1 of 7 PageID# 328


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In addition, AMAYA pled not guilty to the charges presented against him and thereby

denied any involvement in the alleged criminal enterprise. AMAYA continues in his steadfast

denial in any involvement in the crimes for which he was tried and convicted.

The Court must weigh a number of factors in fashioning an appropriate sentence in this

matter. The suggested Federal Sentencing Guidelines are but one of the factors to be considered.

The Court also must weigh the factors set out in 18 USA, Section 3553(a).

1.)NATURE AND CIRCUMSTANCES OF THE OFFENSE ANDCHARACTERISTICS OF THE DEFENDANT

As stated above, AMAYA continues to dispute the convictions of conspiracy and sex

trafficking of a child. Without admitting that any conspiracy or prostitution occurred, AMAYA

affirmatively represents that he believed that any person with whom he had any form of sexual

contact was an adult. In addition, AMAYA specifically denies engaging in the actions which

were represented to the court as true. Those alleged activities (as stated in Court) were both

untrue and erroneous.

AMAYA has a horrific criminal record. However, that criminal record must be viewed

for what it is. On the one-hand, the criminal record is a reflection of a complete lack of adult

supervision and/or involvement in his life. Out of a total of 12 criminal actions, 6 were

committed by AMAYA as a juvenile and 6 were committed as an adult over the age of 18. (1 at

19 years of age, 1 at 21 years of age; and 4 at age 22) As AMAYA stated above, this is clearly a

reflection of a young child out-of-control, screaming for attention with no one there or listening.

AMAYA does not claim a pass on these offenses; he merely requests that his criminal record be

viewed in context.

AMAYA was born in the United States and was removed from the United States by his

mother upon the dissolution of her relationship with AMAYAS father. AMAYA was sent to El



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Salvador and lived there with family relatives. While in El Salvador he suffered the loss of an

aunt and an uncle and the kidnapping of a cousin. Clearly this would have been enough trauma

for a young child to bear, but it became worse.

AMAYA was removed by his mother from El Salvador, a place that came to be his home,

and returned to the United States - the place of his birth and citizenship but a foreign land. In the

United States he lived with his mother - a virtual stranger, and her new husband an actual

stranger. Certainly, this was sufficient trauma for a young boy, so the rebellion commenced.

AMAYA adopted his own new family - MS-13. There is little that this Court can be told

of MS-13 that it does not already know. However, for better or worse, it became AMAYAS

substitute family. In fact, despite various attempts by the probation officer and by counsel for

AMAYA and their agents, AMAYAS mother has been unavailable to speak with anyone.

Counsel has attempted to contact other members of AMAYAS biological family with limited

success. The aforementioned clearly indicates a total lack of support for AMAYA despite his

still young age.

AMAYA continues to deny his involvement in the criminal enterprise and further denies

his continuing involvement in MS-13. However, while it is true that upon departing the Court

subsequent to the rendering of the jury verdict AMAYA flashed a gang sign, it is also true that

AMAYA was ill-equipped to express his disappointment. Certainly, this was inappropriate

behavior for which AMAYA has apologized to counsel.

2) THE KINDS OF SENTENCES AVAILABLE, THE

ADVISORY GUIDELINE RANGE AND THE NEED TO AVOID

SENTENCING DISPARITIES

Sadly, the Court has limited sentencing options available to it due to the nature of the

offenses for which AMAYA was convicted. As AMAYA continues to maintain his innocence



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there can be no expressions of acceptance of responsibility for these crimes, and the only

remorse is that of one person for another persons misfortune.

The Court, whether utilizing only the Federal Sentencing Guidelines or utilizing other

factors, the only option for the Court is a period of incarceration. The question then obviously

becomes the length of sentence. The advisory guideline range is 360 months to life.

AMAYA has reviewed both the PSI and the governments position on sentencing and

argues that life imprisonment is not the appropriate sentence. Life in prison takes none of the

personal factors of AMAYAS life into consideration. While the Court is free to discount all of

those factors, especially in light of the underlying criminal conviction, AMAYA encourages the

Court not to turn a blind eye to his circumstances. A sentence of less than life, actually less than

the 360 months suggested as the lower range of the guidelines, would be appropriate. In fact, a

sentence in line with the co-defendants/related defendants would more than satisfy the need for

punishment. As the PSI noted those persons were sentenced respectively to 292 months, 120

months (2 concurrent sentences of 120 months), and 25 years (on state rape charge) as such

AMAYA argues that a sentence of 237 months would be sufficient. (That figure is arrived at by

adding all the sentences and dividing by number of persons.)

3) THE NEED FOR RESTITUTION

AMAYA is unaware of any claims of restitution. However, AMAYA, through counsel is

aware of other minors that have been sexually exploited and thereafter have sued for damages.

However, there has been no indication of such an event having occurred or any that are or may

be pending.



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4) THE NEED FOR THE SENTENCE TO REFLECT THE SERIOUSNESS

OF THE OFFENSE, PROMOTE RESPECT FOR THE LAW,

JUST PUNISHMENT FOR THE OFFENSE, ADEQUATE DETERRENCE,

PROTECTION OF THE PUBLIC AND PROVIDING

NEEDED EDUCATIONAL, VOCATIONAL TRAINING,

MEDICAL CARE OR OTHER CORRECTIONAL TREATMENT

Clearly, the crimes AMAYA was convicted of are serious, and there must be a penalty.

Despite AMAYAS continued claims of innocence a penalty must be imposed, and said penalty

should remain in effect until such time as the conviction is overturned. That having been said,

the previously discussed sentence should be sufficient to reflect the seriousness of the criminal

activity. A lengthy sentence as represented above of almost 20 years would clearly satisfy all the

penal requirements aforesaid.

AMAYA represents that he secured his GED while at the Culpepper, Virginia Juvenile

Correctional Center. In order to succeed in a modern society, AMAYA will need additional

training and education. A high school diploma without more is not sufficient to pave a road to

success. Clearly, more is required. An institution wherein AMAYA can gain access to higher

education is formally requested.

AMAYA does not suffer from any medical issues that would require any special

institutional placement.

AMAYA asserts that he has no assets or financial means by which to pay fines, the costs

of incarceration, the costs of any post incarceration release

AMAYA requests that he be placed at an institution close to the Washington

Metropolitan area so that he could be accessible to whatever family and whichever friends he has

remaining.



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CONCLUSION

AMAYA stands before the Court a broken young man. A young man facing a

penitentiary sentence that is greater than the entirety of his entire life. He faces a sentence which

is beyond his imagination. AMAYA faces long term separation from his fractured family and

the mother of his twin children and the twin children themselves. A prison sentence in excess of

the defense suggestion serves no purpose beyond acting as mere punishment. It leaves no hope

or possibility of rehabilitation. It is respectfully suggested that accepting the governments

sentencing posture would be inappropriate.

Respectfully submitted,

____________________________________

RANCES ULICES AMAYA

By counsel

___________________________________

ARIF & ASSOCIATES, P.C.Michael S. Arif,

VSB # 20999

Melissa Sanchez,VSB # 77280

8001 Braddock Road

Suite # 100Springfield, VA 22151

703-323-1200

Fax 703-978-1040

[email protected]@ariflegal.com



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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 29th day of MAY 2012, I electronically filed the

foregoing with the Clerk of Court using the CM/ECF system, which will send notification ofsuch filing (NEF) to all counsel of record:

Zachery Terwilliger, Esq.Assistant United States Attorney

Michael J. Frank

Special Assistant United States Attorney

Attorneys for the United StatesUnited States Attorneys Office

2100 Jamieson Avenue

Alexandria, VA 22314

______________________________

Michael S. Arif


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Rances Amaya Defense Sentencing Memo