Federal Judiciary

United States v. Ahmad, No. 08-CR-460 (JBW), 2009 WL 700870 (E.D.N.Y. March 16, 2009)

The Court calculated Ahmad's Guidelines offense level to be 10 for Count 1 of a two count indictment (charging possession and use of a United States Permanent Resident Card issued in the name of another, knowing that the document was procured by means of a false statement and fraud).  His advisory Guidelines range was 6-12 months imprisonment.  The Court, however, imposed a non-Guidelines sentence of 1 month imprisonment for the following reasons: (1) Ahmad was well educated, having received a college degree in Pakistan; (2) he "is a hard and conscientious worker, having had success as a car service driver and gas station attendant, among other employment positions" (3) he has "paid taxes while living and working in the United States"; (4) a "substantial amount of his earnings have been sent to his wife, young children, and elderly parents in Pakistan"; and (5) he "suffers significant pain in his arm, the consequence of a serious accident in 2001, which requires ongoing medical attention."

Unfortunately, Ahmad was also convicted of aggravated identity theft, which required a mandatory, consecutive 24 month term of imprisonment.  Thus, in total, he was sentenced to 25 months imprisonment.