Sentencing Rec
Sentencing Rec
1
2
3
4
5
6
7
8
9
10
EILEEN M. DECKER
United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
KIMBERLY D. JAIMEZ (Cal. Bar No. 271235)
EDDIE A. JAUREGUI (Cal. Bar No. 297986)
Assistant United States Attorney
General Crimes Section
1200 United States Courthouse
312 North Spring Street
Los Angeles, California 90012
Telephone: (213) 894-4849
Facsimile: (213) 894-0141
E-mail:
[email protected]
Attorneys for Plaintiff
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
11
12
13
14
Plaintiff,
15
16
17
v.
TEOFIL BRANK,
aka Jarec Wentworth,
aka @JarecWentworth,
18
CR No. 15-131(A)-JFW
GOVERNMENTS SENTENCING POSITION
Hearing Date: October 26, 2015
Hearing Time: 9:00 a.m.
Location:
Courtroom of the
Honorable John F.
Walter
Defendant.
19
20
21
22
23
24
25
//
26
//
27
//
28
case, and such further evidence and argument as the Court may permit.
5
6
7
8
9
10
11
12
Respectfully submitted,
EILEEN M. DECKER
United States Attorney
LAWRENCE S. MIDDLETON
Assistant United States Attorney
Chief, Criminal Division
/s/
EDDIE A. JAUREGUI
KIMBERLY D. JAIMEZ
Assistant United States Attorneys
Attorneys for Plaintiff
UNITED STATES OF AMERICA
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
1
2
INTRODUCTION
extortion of victim D.B. for over $1.5 million in cash and real
property.
10
11
violation of 18 U.S.C. 880 (counts three and four); and (iv) use of
12
13
14
well aware from the pre-trial litigation in this case and the trial
15
16
D.B.s private, sexual life via Twitter if D.B. did not meet
17
18
was overwhelming and at the conclusion of the case, the jury quickly
19
20
As the Court is
21
22
and Recommendation (Dkt. Nos. 309, 310), and on September 14, 2015,
23
24
25
26
27
28
promote respect for the law and provide just punishment, warrant a
10
11
Moreover, defendant has failed to show any remorse for his actions
12
13
14
15
16
17
in prison.
18
II.
19
Considering the
STATEMENT OF FACTS
The victim in this case met the defendant, a former pornographic
20
(RT,
21
22
23
24
25
26
27
28
D.B. continued
paid defendant for sex about four times and for sex referrals about
In each instance,
early 2015, when defendant refused to pay back a referral fee for a
The
10
that he did not think they could have a working relationship any
11
longer.
12
13
14
15
16
that lies can be made and truths told through that medium.
17
296-2, 85:20-22.)
18
19
20
21
22
More
(RT
23
24
25
26
27
28
You promised me you would Let me drive the r8. Cars are my
life you know that. Show Im Nothing to you. Promises
broken. I'm feeling evil right now. Disappointed. (Items
358-355.)
Check my twitter, the conversation will grown and questions
will be asked. You lied to me and treated me like Shit. I
asked again and you put it behind you. Now it's biting
your ass. I think by the time I'm out of the gym you will
3
3
4
5
6
10
11
12
13
14
15
(See Excerpt of Trial Ex. 108, redacted for victims name and
16
17
18
19
20
followers: Do any porn stars know a guy named [D.], yes [D.].
21
296-2, 96:2-6.)
22
stomach upon learning this and started shaking, and he was scared to
23
24
105:3-9.)
25
defendants demands.
(RT,
26
27
28
believed defendant would go through with his threat and expose his
secret: that he was paying gay porn stars and prostitutes for sex,
The government will not repeat the entire trial testimony here,
but as the Court knows, defendant tried to extort D.B. for another
time.
10
11
12
16.)
13
14
15
16
17
18
19
should show up, for example defendant was prepared to use force.
20
21
(PSR
Defendant told the victim over the phone that he was not
(Id.)
Moreover, defendants
(RT,
22
23
24
criminal acts.
25
He also falsely
26
27
28
suggested that D.B. had sexual contact with minors, as the Court
infra.)
(Dkt. 61)
At the
(See discussion
The PSR
10
groups the offenses for which defendant was convicted into two groups
11
one for the extortion-related counts (Group A) and the other for
12
13
14
15
30, 37.)
16
17
level of 25.
18
19
(PSR 25-46.)
Each
(PSR
(PSR 42.)
As to criminal history:
20
domestic violence, and served 120 days in jail for abusing his then-
21
22
23
another two points for convictions in 2008 and 2010 for driving under
24
(PSR 51.)
Defendant earned
25
26
27
28
(PSR 52-53.)
the Probation Office that, given the total offense level and
applicable is 70 to 87 months.
IV.
(PSR
57-58.)
The
(PSR 102.)
10
11
12
13
14
to address the offenses at issue, taking into account all the factors
15
16
17
A.
18
19
prison sentence.
20
1.
21
22
23
24
25
26
27
28
followers.
10
11
Audi r8.
12
procured a gun and brought it with him to the scene of the attempted
13
14
15
16
17
greed.
Defendants conduct
18
19
6
20
21
22
23
24
25
26
27
28
1
2
2.
defendant was well positioned to exploit D.B., given his own status
10
11
12
13
14
minors.
15
16
17
18
today, defendant has not shown any remorse for his actions.
19
20
21
22
23
24
25
email.
26
As
(Ex. 5.)
And still
Although
(Ex. 6 (redacted).)
27
28
B.
there are few published federal cases addressing Hobbs Act extortion
10
11
be the last.
12
13
14
committing such crimes via social media and promote respect for the
15
law.
16
The
17
18
expose the most intimate details of the victims life to the public
19
20
21
22
the amount of money defendant obtained and demanded from D.B. was
23
significant.
24
from the victim, before coming back to D.B. and demanding another
25
million.
26
27
commensurately.
Moreover,
28
10
He
law.
sentence of 80 months would send a message that the law will not
V.
10
This is a
CONCLUSION
For all of the foregoing reasons, the government respectfully
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
11