Man Who Took $1500 to Assault a US Postman Gets 82 Months But Questions and Appealed Teed Up

Man Who Took $1500 to Assault a US Postman Gets 82 Months But Questions and Appealed Teed Up by Matthew Russell Lee, Patreon Book Substack SDNY COURTHOUSE, Oct 29 – A man who was paid $1500 to assault someone, and ended up beating a U.S. postman with his fists and a sharp object, was up for sentencing for that, and violation of supervised release for a previous case, on October 29 before U.S. District Court for the Southern District of New York Judge Margaret M. Garnett. Inner City Press was there and live tweeted, here (and extra on X for Subscribers here and Substack here) All rise! Judge Garnett: Has the US notified the victim? AUSA: The victim is not here in person but submitted a letter. Federal Defender: Para 37 of the PSR, we'd like it to add that he could not attend the funeral of a relative, US called it irrelevant Judge Garnett: It's Para 78 on page 34, and I do find it relevant to assessing the totality of the circumstances about Mr. Garcia. I find criminal history category six [the highest], so guideline is 70 to 87 months, with 24 months for the VOSR. AUSA: We are requesting consecutive sentences of 70 months, plus 12 months on the VOSR. This was violent conduct. The victim describes this was an attack on a stranger, he said "you got the wrong guy, revenge on the wrong guy," a Federal mail carrier AUSA: The victim says the defendant put a hand in his shirt and said, You want me to shoot you? He says, I could only think about my kids. He's required therapy, he was afraid of leaving his house. He's not here today. Substantial and just punishment is required. AUSA: There is some mitigation: he has a very difficult childhood, he has been a drug addict for decades. If not, I would have argued for the top of the guideline [87 months plus 24 more on VOSR]. He has 10 or more prior convictions AUSA: The defense argues a guideline sentence here will not reduce violence in The Bronx, and asks for 60 months. We disagree. Federal Defender: John Garcia is the stuff of nightmares. He was born to a young drug addicted mother who brought him to a crack house Federal Defender: His mother's remains were found, but not identified until 2016. He committed a dangerous offense. But the law requires the court to balance it with his history. 5 years would be 12 months more than his last sentence. Federal Defender: He was addicted to drugs when he asked a dealer for drugs and the dealer offered him $1500 to assault someone. He agreed and assaulted the wrong person, while high. He has been punished. There is no mandatory minimum for this offense Defendant: I'm not trying to justify what I did, I [sob] Sorry Judge Garnett: Don't feel a need to apologize to me for your emotions... It is apparent to me from Mr. Garcia's record that he has struggled with drug addiction and crime. Here, he assaulted with knife Judge Garnett: Previously he robbed cell phone stores with threats of violence. He has refused drug treatment, offered at public expense. In 2023 before he had to go back to prison to serve the balance, Judge Crotty gave him many chances. Yes, you were failed Judge Garnett: Please rise. I sentence you to 70 months on the instant offense, and an additional 12 months on the VOSR, for a total of 82 months, then 3 years of supervised release. I intended to go higher, but was persuaded by advocacy and the US' position   Extra on X for Subscriber here and Substack here The new case is USA v. Garcia, 1:25-cr-375 (Garnett) *** Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron. Feedback: Editorial [at] innercitypress.com Mail: Box 130222, Chinatown Station, NY NY 10013 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2026 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com