MEMORANDUM AND ORDER On April 30, 2021, Jeremy Trapp (“Defendant”) pleaded guilty to the top counts of two Indictments, charging him with Destruction of a Motor Vehicle, in violation of 18 U.S.C. §33(a), and Wire Fraud, in violation of 18 U.S.C. §1343. The Court now sentences him and provides a complete statement of reasons pursuant to 18 U.S.C. §3553(c)(2) of those factors set forth by Congress in 18 U.S.C. §3553(a). For the reasons discussed below, Defendant is sentenced to 18 months of custody, to run concurrently on both counts; 2 years of supervised release, to run concurrently on both counts; restitution in the amount of $9,722.88; and a $200.00 special assessment. BACKGROUND On August 13, 2020, a grand jury returned a two-count Indictment in United States v. Trapp, Case No. 20-CR-308 (“Trapp I”), charging Defendant with Destruction of a Motor Vehicle, in violation of 18 U.S.C. §33(a), and Civil Disorder, in violation of 18 U.S.C. §231(a)(3). While investigating Defendant for these crimes, the Government uncovered evidence suggesting Defendant defrauded the Small Business Administration (“SBA”) by fraudulently obtaining loans through its Economic Injury Disaster Loan (“EIDL”) Program. See Presentence Investigation Report (“PSR”) 13, ECF No. 42 (Dkt. No. 20-CR-308). The Government presented this evidence to a grand jury, which returned a second, three-count Indictment in United States v. Trapp, Case No. 20-CR-454 (“Trapp II”), charging Defendant with Wire Fraud, in violation of 18 U.S.C. §1343, Theft of Government Property, in violation of 18 U.S.C. §641, and Making a False Statement to the Small Business Administration, in violation of 18 U.S.C. §1014. On April 30, 2021, Defendant pleaded guilty before Chief Magistrate Judge Cheryl L. Pollak to Count One of the Indictment in Trapp I (Destruction of a Motor Vehicle) and Count One of the Indictment in Trapp II (Wire Fraud), pursuant to a plea agreement. On June 24, 2021, District Judge Sterling Johnson, Jr. accepted the plea. Both cases were reassigned to this Court on July 14, 2022. The Court hereby sentences Defendant and sets forth its reasons for Defendant’s sentence using the rubric of the 18 U.S.C. §3553(a) factors pursuant to 18 U.S.C. §3553(c)(2). DISCUSSION I. Legal Standard 18 U.S.C. §3553 outlines the procedures for imposing sentence in a criminal case. The “starting point and the initial benchmark” in evaluating a criminal sentence is the Guidelines sentencing range. Gall v. United States, 552 U.S. 38, 49 (2007). If and when a district court chooses to impose a sentence outside of the Sentencing Guidelines range, the court “shall state in open court the reasons for its imposition of the particular sentence, and…the specific reason for the imposition of a sentence different from that described” in the Guidelines. 18 U.S.C. §3553(c)(2). The court must also “state[] with specificity” its reasons for so departing or varying “in a statement of reasons form.” Id. “The sentencing court’s written statement of reasons shall be a simple, fact-specific statement explaining why the guidelines range did not account for a specific factor or factors under §3553(a).” United States v. Davis, No. 08-CR-332, 2010 WL 1221709, at *1 (E.D.N.Y. Mar. 29, 2010) (Weinstein, J.). Section 3553(a) provides a set of seven factors for the Court to consider in determining what sentence to impose on a criminal defendant. The Court addresses each in turn. II. Analysis A. The History and Characteristics of the Defendant and the Nature and Circumstances of the Offense The first §3553(a) factor requires the Court to evaluate “the nature and circumstances of the offense and the history and characteristics of the defendant.” 18 U.S.C. §3553(a)(1). 1. Family and Personal Background Defendant was born on April 24, 1996, in Brooklyn, New York. PSR 48. His father, Acinto Trapp, is age 58 and does not have a presence in Defendant’s life. Id. His mother, Loyda Miranda, age 55, is unemployed and in good health. Id. When Defendant was a young child, his mother became involved with Noberto Casiano, age 63, who delivers car parts and is also in good health. Id. Defendant reports he does not have a great relationship with his mother and stepfather. Id. They are aware of his arrest and remain supportive of him to an extent. Id. Defendant has three maternal half-siblings — Eddie Rivera, age 35, Amanda Miranda, age 34, and Jose Miranda, age 23 — all of whom are in good health, are aware of Defendant’s arrest and remain supportive of him. Id. 49. Defendant also has one full sibling, Jonathan Trapp, age 27, who also is supportive of Defendant. Id. When Defendant was one year old, his mother gave full custody of Defendant to her parents because of her challenges with drug addiction. Id. 50. Defendant reports he had a “good” childhood but states his grandparents struggled to provide for him financially. Id. He resided with his maternal grandparents in Brooklyn, New York, until 2004, when he and his grandmother moved to Staten Island after his grandfather passed away. Id. In 2004, when Defendant was 12 years old, his grandmother moved with him to Pennsylvania. Id. Defendant ultimately moved back to Brooklyn at the age of 15 to reside with his mother and stepfather, with whom he has resided since his arrest, because his grandmother was diagnosed with cancer and could no longer take care of him. Id.
50, 52. Defendant’s grandmother passed away in 2011. Id. 50. Defendant had difficulty coping with the death of his grandparents. Id. Since moving back with his mother, Defendant states his mother and stepfather have been aggressive and verbally abusive towards him. Id. He reports they threatened to kick him out of the home on various occasions and that his mother struggles with drug addiction and his stepfather has issues with alcohol. Id. Defendant’s mother reported that Defendant does not listen or contribute to household expenses and responsibilities, and the circumstances of his arrest have caused her significant stress. Id. 53. She states she does not wish for Defendant to continue residing in her home and that an incident involving Defendant and her landlord caused her to be concerned about losing her apartment. Id. Defendant does not have his own room and sleeps in the living room. Id. 52. 2. Educational and Employment History Defendant graduated from Thomas Jefferson High School in Brooklyn, New York, in 2015. Id. 63. He reported being suspended several times for fighting. Id. Defendant stated he was taking courses, including the Freedom Prep Class, at City University of New York’s LaGuardia Community College in Queens, New York. Id. 62. Records from the college indicate Defendant attended courses from September 12, 2018 until December 19, 2019 and that Defendant had no disciplinary incidents while in school. Id. On July 29, 2021, Defendant completed the Hope Program in Brooklyn, New York, which provides training, adult basic education, industry certifications, work wellness services, internships, and job placement assistance. Id. 64. Defendant also reported involvement with Brooklyn Job Corps, which provides on-the-job training to help participants find a future career path. Id. At the time of the writing of the PSR, Defendant reported he was unemployed but was actively searching for a job. Id. 65. According to defense counsel, Defendant began working as a participant of the Doe Fund’s Ready, Willing and Able program in May of 2022, where he works 5 days a week sweeping and cleaning the streets of New York City, earning $400.00 per week. Def’s Sentencing Mem. at 16, ECF No. 56. Prior to this, Probation Department (“Probation”) notes the only employment Defendant reported was from April 2018 to April 2019, when he worked as a door-to-door salesman for Gatson’s Electric in Queens, New York. Id. In this capacity, Defendant earned his salary based on commission, typically amounting to $500.00 to $600.00 every two weeks, but this job ended when the company closed. Id. According to the president of Gatson’s Electric, there is no record of Defendant having worked there. Id. Defendant’s mother also advised she is unaware of Defendant having any employment history. Id. During periods of unemployment, Defendant states he has supported himself by selling water bottles on the streets and collecting recycled cans for deposit refunds. Id. He has also been financially supported by his mother and stepfather. Id. 3. Prior Convictions Defendant does not have any criminal convictions. See id.
