U.S. v. Lima

108-Month Sentence Justly Punishes Crimes, Deters Others From Similar Conduct

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MEMORANDUM & ORDER On September 19, 2022, Defendant McKoy Lima (“Defendant”) entered a plea of guilty to Count 19 of a 20-count Superseding Indictment, charging Defendant with assault in-aid-of racketeering, in violation of New York Penal Law (“NYPL”) §§120.05(2) and 20.00 and 18 U.S.C. §§1959(a)(3) and 2. Plea Agreement 1, ECF No. 351. The Court now sentences Defendant 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 set forth below, Defendant is hereby sentenced to 108 months of imprisonment, to be followed by three years of supervised release with special conditions. Defendant is required to pay a mandatory special assessment of $100.00. I. Background The Federal Bureau of Investigation (“FBI”) and the New York City Police Department (“NYPD”) led the investigation into Defendant and other gang members for the instant offense. Presentence Investigation Report (“PSR”) 4, ECF No. 583. Defendant was an associate of Folk Nation Gangster Disciples (“GD”), a violent street gang operating out of Brooklyn, New York. Id.

4, 37. Central to GD’s tenets is the use of violence to retaliate against perceived slights to the gang or to enhance the status of members within the gang. Id. 4. On November 9, 2020, Defendant participated in a carefully orchestrated drive-by shooting in Brooklyn, New York. Id. 22. Two cars were used in the shooting — one car to carry the shooters and another to act as a decoy. Id. Both cars drove to the Brownsville neighborhood of Brooklyn, where occupants of the shooter car began shooting into a crowd, striking one woman in the shoulder and grazing her back. Id. The two cars then returned to GD territory. Id. Defendant drove the decoy car in this shooting. Id. On August 10, 2021, FBI agents arrested Defendant without incident. Id. 36. On August 4, 2021, a grand jury returned a 20-count Superseding Indictment, which alleges Defendant was an associate of GD. ECF No. 51

U.S. v. Lima

108-Month Sentence Justly Punishes Crimes, Deters Others From Similar Conduct

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