Case 3:18-cr-04683-GPC Document 510 Filed 09/26/22 PageID.7491 Page 1 of 16
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`Thomas H. Bienert, Jr., SBN 135311
`James D. Riddet, SBN 39826
`Whitney Z. Bernstein, SBN 304917
`Carlos A. Nevarez, SBN 324407
`BIENERT KATZMAN
`LITTRELL WILLIAMS LLP
`903 Calle Amanecer, Suite 350
`San Clemente, California 92673
`Telephone (949) 369-3700
`Facsimile (949) 369-3701
`Email: tbienert@bienertkatzman.com
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` jriddet@ bienertkatzman.com
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` wbernstein@ bienertkatzman.com
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` cnevarez@bklwlaw.com
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`Attorneys for Mohammed Abdul Qayyum
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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`Plaintiff,
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`UNITED STATES OF AMERICA,
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`v.
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`MOHAMMED ABDUL QAYYUM,
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`
`Defendant.
`
`Case No. 3:18-CR-04683-GPC-3
`Hon. Gonzalo P. Curiel
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`SENTENCING MEMORANDUM ON
`BEHALF OF MOHAMMED ABDUL
`QAYYUM
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`Sentencing Date: October 3, 2022
`Sentencing Time: 10:30 a.m.
`Location:
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`Dept. 2D
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`18-CR-04683-GPC-3
`MOHAMMED ABDUL QAYYUM’S SENTENCING MEMORANDUM
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`Case 3:18-cr-04683-GPC Document 510 Filed 09/26/22 PageID.7492 Page 2 of 16
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`TABLE OF CONTENTS
`INTRODUCTION ..................................................................................................... 1
`I.
`II. MOHAMMED ABDUL QAYYUM ......................................................................... 1
`A.
`Challenging Move to the United States to Pursue a Better Life ..................... 1
`B.
`Eventually Finding Community at His Job ..................................................... 3
`C.
`Stable and Fulfilling Career ............................................................................ 4
`D.
`The Offense ..................................................................................................... 6
`SENTENCING RECOMMENDATION ................................................................... 8
`A.
`The Parties Agree that a Time Served Sentence is Appropriate ..................... 8
`B.
`The Monthly Fine Amount Should Be No More Than $100 .......................... 8
`C.
`The Guidelines Support a Time Served Sentence ......................................... 11
`D.
`The § 3553(a) Factors Supported a Time Served Sentence .......................... 11
`IV. CONCLUSION ........................................................................................................ 12
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`III.
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`i
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`TABLE OF CONTENTS
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`18-CR-04683-GPC-3
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`Case 3:18-cr-04683-GPC Document 510 Filed 09/26/22 PageID.7493 Page 3 of 16
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`I.
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`INTRODUCTION
`After years of litigation by both sides, Mohammed Abdul Qayyum and the
`government entered into a plea agreement (Dkt. 484) and agree as to all material aspects of
`the recommended sentence. The parties, and Probation Department, agree that this Court
`should not impose any custodial sentence and should require Abdul to complete 100 hours
`of community service. Per the plea agreement, entered into before the parties had the
`benefit of the Probation Department having confirmed Abdul’s negative $165,000 net worth
`(PSR ¶ 63) and negative monthly cash flow (PSR ¶¶ 63, 64), the parties also agree that the
`Court should impose the statutory maximum $100,000 fine and determine the monthly
`payment. In light of his verified extreme debts, and to not set him up to violate the Court’s
`order, Abdul respectfully requests that the Court order any fine payable at a monthly rate
`of no more than $100 and waive interest under 18 U.S.C. 3612(f)(3)(A). While Abdul has
`been on supervision without incident for four years and no further supervision is needed,
`Abdul does not object to a term of supervised release for the Court to retain jurisdiction and
`regularly revisit Abdul’s ability to pay a higher monthly amount toward any fine.
`II. MOHAMMED ABDUL QAYYUM
`Mohammed Abdul Qayyum is a hardworking and trusting husband, father, and
`employee whose lack of judgment in this case is a stark aberration to an otherwise positive,
`rule following life. For the past four years, Abdul has lived under this indictment and the
`concomitant uncertainty and immeasurable stress about his and his family’s future and
`ability to remain in the United States. His success on pretrial supervision for four years
`reaffirms the anomaly of his role in a criminal offense, his ability to move on from this case
`and resume a productive life, and his respect for the law. Abdul fully accepts responsibility
`and is eager to put this entire chapter behind him and move forward.
`A. Challenging Move to the United States to Pursue a Better Life
`Abdul was born in Hyderabad, India, as the sixth child and first son to his parents.
`Abdul’s childhood was pleasant and unremarkable. Though his childhood home lacked
`running water and he shared a room with all of his siblings, he always had enough food and
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`a roof over his head. He grew up speaking Hindi. While it was difficult to get an education
`in his hometown, especially for his five sisters, Abdul’s father placed a premium on school.
`He saw education as the only path to broaden one’s world and obtain a good living, and he
`instilled this appreciation and respect in Abdul. Abdul attended 15 years of primary
`education in India, specializing in computer science, a field he thought would open doors
`for him and provide a secure livelihood and bright future.
`After obtaining his college equivalent degree in computers from a school in India,
`Abdul got a job working in technical services at a call center. He wanted to progress in his
`career and was told that he could be promoted with a master’s degree from the United States.
`Abdul had never been outside of his hometown in India and was both excited and nervous
`at the prospect. After speaking further to colleagues, he learned of an 18-month-long
`master’s program in information systems management from Coleman College in San Diego
`(a private university that closed in 2018 due to accreditation and financial problems1). He
`began a long application process and applied for a visa. The night before the interview with
`the consulate, feeling as though he was on the precipice of realizing a dream, he recalls
`being so nervous that he stayed up most of the night rearranging all his piles of papers. In
`the morning, he was so excited and on edge that even after all his careful and diligent
`preparation, he forgot a critical document in his hotel room.
`Nonetheless, his visa was approved and after a
`whirlwind of leaving his job, packing up his sparse
`belongings, saying goodbye to Shalu, his girlfriend (now
`wife and mother to their one-year-old son), and parents and
`siblings, Abdul found himself at San Diego International
`Airport. He was 28 years old, and thousands of miles away from anyone and anything he
`knew, speaking broken English, struggling to understand English, and very much a
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`1 See San Diego Union Tribune, San Diego’s Coleman University closing after 55 years
`(Jul. 30, 2018), available at https://www.sandiegouniontribune.com/news/education/sd-
`me-coleman-closing-20180730-story.html (last accessed Sept. 24, 2022).
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`foreigner in a strange land. Though he feels foolish and sheltered admitting it now, at the
`time, Abdul’s only image of the United States was the Hollywood version of New York
`City, and upon landing in San Diego, he was shocked, confused, and wondering if he’d
`made a huge mistake leaving his entire world behind.
`Abdul was picked up by a chaperone of his master’s program and taken to the student
`housing. He quickly learned that San Diego was decidedly not the hustle and bustle and
`packed, overflowing community of New York City. He was lonely and isolated, without a
`car, knowing no one, and struggling to assimilate. His limited and formal English made it
`difficult to authentically communicate and explain himself and his nuanced personality, the
`time zone change and his lack of financial assets made it hard to stay connected to his family
`at home, and it was a very difficult transition.
`Eventually Finding Community at His Job
`B.
`Though his master’s program was intense, Abdul was used to working long hours at
`a fulltime job. He longed to fill his days and distract himself from the loneliness and despair
`that threatened to creep in. He also needed money to offset the daily debt he was accruing,
`having had to take out personal loans, with extortionary interest rates, to pay his tuition,
`room and board, and daily expenses, as he was not eligible for government regulated student
`loans on his immigrant visa. Abdul began applying for jobs. Given his education and
`experience, he was certain he’d be employed in no time. But Abdul’s confidence was
`misplaced, and his self-esteem continued to crumble as the weeks stretched on and he
`continued to hear nothing in response to the dozens of applications he submitted.
`Eventually, in response to an ad he saw on Craigslist, Abdul was invited to interview
`and ultimately hired on as systems technology intern for Frontline Direct (later Adconion
`Direct, later Amobee, see PSR ¶ 60), a role that aligned exactly with his graduate studies.
`He was excited to utilize what he was studying and learn the real-world application of his
`field. At the time, it was a small, closeknit company, with around 20 total employees.
`Coming off a hard and lonely transition to the U.S., Abdul was extremely grateful for the
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`opportunity to work and felt honored to have been chosen to join the team, which soon came
`to feel like a family and provided him with a much-needed community.
`Stable and Fulfilling Career
`C.
`As an intern, Abdul worked closely with Kim Reed Perell, the company’s
`charismatic, impressive, accomplished CEO,2 who became a mentor and friend. Abdul
`found Kim to be honest, ethical, smart, and passionate. He still recalls that at the end of his
`internship, he invited Kim to his master’s program graduation. Kim knew that Abdul had
`come to enjoy his time in San Diego and would have liked to stay but that his visa would
`soon end and that he was eager to return to Shalu who was still in India. So, Kim created a
`permanent, full-time position for Abdul at the company and offered to sponsor not only his
`work visa but also papers for Shalu to join him in San Diego. Abdul gladly accepted this
`great opportunity. While life in San Diego was very expensive, Abdul’s yearly salary of
`$75,000 helped him to afford housing and daily expenses for him and Shalu and send money
`home to his family in India.
`For the next 14 years, Abdul worked for Kim as the company grew exponentially
`through various acquisitions and mergers. This was the only job Abdul ever had in the
`United States and the only work family he’d ever known. He enjoyed and trusted his
`coworkers, and remained constantly impressed by Kim’s leadership, energy, and success.
`As he had done his whole life, he deferred entirely to his coworkers as to issues and topics
`that he understood to be in their fields, stayed in his lane, did not question them, and was
`honored by their trust in him and his expertise when they asked him to handle more
`technical tasks of the business.
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`2 See, e.g., https://money.cnn.com/2016/08/19/news/economy/kim-perell-amobee/index.html
`(“[Kim] remembers going door to door collecting cans and redeeming them at five cents a
`piece for spending money. When she wanted to learn horseback riding she cleaned the
`stables. When she wanted a car at 16, she flipped pizzas and sold suits to buy one. . .
`Eventually she started two of her own companies. Now, at age 39, she is president of a
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`in San Diego called Amobee.”);
`https://en.wikipedia.org/wiki/Kim_Perell (listing more than 15 significant awards), (last
`accessed Sept. 24, 2022).
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`Abdul had strong working relationships with his coworkers and superiors, and was
`friendly and considered them to be close, but rarely socialized with them outside of work.
`When asked why he did not have a more robust relationship with his coworkers outside of
`the office, and if such a relationship might have enabled candid conversations about each
`person’s view of what was happening at work such that the offense may have been avoided,
`Abdul explains that he and Shalu keep to themselves, do not socialize much, and lead a very
`quiet home life, similar to how they were raised in India, where family was the only
`relationship. Over the years, Abdul and Shalu have been working on growing their
`community and have redoubled efforts since welcoming their son last year so he can grow
`up with many loving adults around despite being far from family in India.
`In 2011, Abdul became the “Technical Operations Manager.” The promotion was in
`title only as Abdul’s responsibilities and role did not change, he did not manage anyone,
`and he continued to receive a $75,000 yearly salary. Still, Abdul was very proud of the title
`and recognition of his contributions to the company. He was also proud of the work the
`company was doing, handling email marketing for established, well-known companies such
`as Disney, Groupon, Olive Garden, Subway, GIECO, Match.com, Fidelity, and USAA. He
`fondly recalls taking Shalu on a date using one email marketing campaign the company ran
`for Olive Garden with a “buy one get one free” special. With his new title, Abdul continued
`to earn a $75,000 yearly salary for 2012, earned slightly more income for 2013 ($82,500
`yearly salary), and still slightly more for 2014 ($89,100 yearly salary). To be clear, Abdul
`was proud to be a valued member of the team, be able to work in his chosen field, and to
`earn a respectable income. But he did not achieve considerable wealth at this job, especially
`as compared to the millions of dollars Kim and other executives amassed. See, e.g.,
`https://kimperell.com/about/, last accessed Sept. 24, 2022 (Kim “bec[ame] a multi-
`millionaire by the time she was 30, and s[old] her last company Amobee, [sic] for $235
`million”); Angel Investor Kim Perell Flipping Miami Beach Manse with Rare Floating
`Helipad, available at https://www.dirt.com/gallery/moguls/power-players/kim-perell-
`house-miami-beach-helipad-1203427405/, last accessed Sept. 23, 2022 (describing Kim’s
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`$26.9 million Miami Beach property home and 2021 sales of “at least two oceanfront
`properties in the San Diego [], a 2,700-square foot home in Solana Beach that went for $6.1
`million and a nearly 6,300-square-foot residence on a high ocean-front bluff in Carlsbad
`that traded at exactly $10 million . . .”). In stark contrast, during the years of the offense
`conduct, from 2011 to 2014, Abdul’s total gross income for four years was under
`$325,000, and he lived in a small rental apartment in Oceanside. During those years, and
`since then, Abdul’s debts and daily expenses have continued to outpace his income. He
`still does not own property, and currently resides in a slightly larger rental in Oceanside.
`See PSR ¶ 64 (verifying Abdul’s “negative net worth and negative monthly cash flow” and
`noting that “it appears [Abdul] is unable to pay a fine”).
`D. The Offense
`Abdul fully accepts responsibility for his actions. After four years of litigation, days
`of trial, and pleas, the Court is familiar with the background, players, and offense. In short,
`and as relevant here, between 2011 and 2014, Daniel Dye, who pled guilty in 18-CR-00822-
`GPC and is awaiting sentencing, sold the netblocks at issue to the company, at which point
`Abdul was tasked with, and did, configure email accounts to allow his employer to use the
`netblocks in the names of individuals listed on the American Registry of Internet Number’s
`directory, which were then used and controlled by his coworkers, and coordinated his
`employer’s connectivity and use of these IP addresses intending for them to be used for the
`employer’s clients’ email marketing campaigns, though the employer was not the registrant
`or legitimate successor in interest of these netblocks. See Dkt. 464 at 4-5, ¶¶ 2, 5.
`Abdul has no justification for his actions, and never intended to risk the life he’s
`created in the United States for his wife and young son through years of blood, sweat, and
`tears over 11 netblocks, for which he received no monetary compensation or profit. He is
`dismayed that despite years of hard work building a career and good name, the headline of
`his tenure and his enduring reputation and record have been reduced to a mere 11 netblocks,
`a tiny fraction of the work he performed throughout his 14-year career with the company.
`Abdul appreciates that the things that comforted him between 2011 and 2014—his blind
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`faith and trust in his coworkers, in Kim (the person Abdul revered who initiated and blessed
`the relationship with Daniel Dye) and in the company and its stellar reputation and
`impressive client roster—do not justify or absolve him of his involvement in criminal
`conduct. From the first interrogation by the FBI in 2016, through the indictment in 2018,
`through his upcoming sentencing in 2022, Abdul has had to live with his staggering
`disappointment and shame, and crippling fear and uncertainty, for his involvement in this.
`Those who know him know both how deeply he regrets his lack of judgment here and that
`he can and will improve for himself, his family, and his son and provide a positive life free
`of criminal justice involvement forevermore. See Exhibit A,
`Letter from Brian Baumgart.
`Abdul wants to make things right. He pled guilty and
`accepted responsibility for his actions. That there was litigation
`over the legal and technical aspects of this prosecution of first
`impression should not detract from Abdul’s acceptance of
`responsibility, and indeed, he has agreed to waive his right to
`appeal all of the issues he would otherwise appeal in this
`prosecution of first impression. As any alleged victim was able
`to “recoup any prior loss”—in fact, some of the netblock registrants, once alerted by the
`FBI about its investigation, either donated their legacy IP addresses or sold them for
`significant profit—there has never been any “loss” by any alleged victim to rectify; indeed,
`in many instances, the alleged victims experienced notable gain. See PSR ¶ 20. Though
`restitution is thus unavailable, Abdul is nonetheless willing to spend 100 hours away from
`his wife, young son, and new job to give back to and make amends with the San Diego
`community that has given so much to him. He hopes to complete these hours through
`volunteer work with Feeding San Diego, an organization he has always admired.
`As Abdul’s actions since 2014 have shown, he can and will move on from this to
`again lead a positive, contributing life. While being laid off by Amobee in July 2022 and
`the following soul-crushing, finance-straining job search brought back all the familiar
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`feelings of insecurity and inadequacy that he felt when he first came to this country, like he
`did then, Abdul preserved and obtained new employment and a fresh start. He will never
`again find himself involved in the criminal justice system.
`III. SENTENCING RECOMMENDATION
`As this Court knows, it has considerable discretion in choosing an appropriate
`sentencing for Abdul. “It has been uniform and constant in the federal judicial tradition for
`the sentencing judge to consider every convicted person as an individual and every case as
`a unique study in the human failings that sometimes mitigate, sometimes magnify, the crime
`and the punishment to ensue.” Gall v. United States, 552 U.S. 38, 52 (2007) (quoting Koon
`v. United States, 518 U.S. 81, 113 (1996)).
`A. The Parties Agree that a Time Served Sentence is Appropriate
`The parties agree that Abdul should receive a time served sentence and imposition of
`community service from this Court. Further supervision beyond the past four years that
`Abdul has been on pretrial supervision is unnecessary to achieve deterrence, public
`protection, or offender rehabilitation. See, e.g., United States v. Sales, 476 F.3d 732, 735
`(9th Cir. 2007). However, if the Court desires, Abdul has no objection to a term of
`supervised release for the Court to retain jurisdiction and regularly revisit Abdul’s ability
`to pay a higher monthly amount toward any fine.
`The Monthly Fine Amount Should Be No More Than $100
`B.
`Per the plea agreement entered before the parties had the benefit of Abdul’s verified
`negative $165,000 net worth (PSR ¶¶ 63, 64)) and negative monthly cash flow (id.), the
`parties also agree that the Court should impose the statutory maximum fine of $100,000.
`This should be imposed at a monthly rate of no more than $100, commensurate with Abdul’s
`liabilities. Further, under 18 U.S.C. § 3612(f)(3)(A), this Court should waive interest. A
`higher monthly amount or permitting interest to accrue would effectively impose a more
`severe sentence than is just or necessary and set Abdul up to violate the Court’s order.
`Abdul has an overwhelming amount of debt, more than $165,000, see PSR ¶ 63,
`initially accrued during his graduate studies and exacerbated by interest and the cost of life
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`outpacing his modest salary. Because he funded his graduate studies and early life in the
`U.S. with personal loans, there is no loan forgiveness program available to him. Still, he
`has worked hard to consolidate debt and adhere to payment plans, and he makes monthly
`payments, albeit small, toward the various balances each month to do what he can to reduce
`these liabilities. But recently, his financial picture got worse. With the birth of his son last
`year, his wife left the workforce. She now lacks work authorization to legally seek
`employment, and in any event, is unlikely to earn more income than the cost of daycare.
`Abdul acutely feels the pressure of being the sole provider for his family and the
`simultaneous responsibility of remaining calm and reassuring exacerbate that pressure.
`Being laid off from his job this summer and unemployed for six weeks while he looked for
`a new one forced Abdul to shift expenses to credit and also exacerbated his financial
`situation. While he owns a motorcycle free and clear whose Blue Blook value is
`approximately $13,000, Abdul has been trying to sell it for months and has not received
`any viable offer. Even the dealership told him they wouldn’t pay more than a few thousand
`dollars at most for it. If and when it comes to that, Abdul is willing to accept a low offer to
`get money in his pocket, but he is hoping to find a buyer willing to pay what he thinks the
`bike is worth.
`In the PSR, Probation recognized that, based on Abdul’s “negative net worth and
`negative monthly cash flow, it appears that [Abdul] is unable to pay a fine.” PSR ¶ 64.
`While this is true, per the plea agreement, Abdul agreed to join in the government’s request
`of the Court that he pay $100,000, the statutory maximum. Despite his inability to pay a
`fine, Probation suggested that Abdul utilize “some assets” and “look at other ways in which
`his household could increase its income (e.g. increase his income and/or the number of
`wage-earners in the household) or reduce its expenses.” PSR ¶ 64. To be very clear, Abdul
`is not complaining about and is proud of his lot in life, but he explains the below so the
`Court has context for why Probation’s suggestions and recommended $500 per month fine
`payment are impossible.
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`18-CR-04683-GPC-3
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`MOHAMMED ABDUL QAYYUM’S SENTENCING MEMORANDUM
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`Case 3:18-cr-04683-GPC Document 510 Filed 09/26/22 PageID.7502 Page 12 of 16
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`Regarding selling his assets, Abdul is attempting to sell his motorcycle and has
`looked into selling his cars and getting different vehicles. However, Abdul does not have
`much equity in the cars, and given the current market, if he sold them and paid off the
`principal and interest on each loan, he would not be able to afford repurchasing vehicles
`and would then have a higher added expense of transportation costs via rentals, car shares,
`etc. As he no longer has the employer-sponsored life insurance policy (see Dkt. 500 at 1),
`or any other asset (PSR ¶ 63), Abdul has no other assets to utilize for a fine. Regarding the
`suggestion that Abdul “increase his income” (PSR ¶ 64), though he very much desires to
`do so, he has been unable. After being laid off from Amobee, and saddled with this criminal
`conviction, Abdul applied to approximately 200 jobs before finally getting his current
`position, at the identical salary he was earning at Amobee. Abdul is uniquely well
`positioned to say that he has tried and failed to “increase his income.” Id. Finally, regarding
`the suggestion that he increase “the number of wage-earners in the household” (id.),
`currently there is no legal way to do this. Abdul’s wife does not have work authorization.
`While they have applied to adjust their statuses, the applications are still pending and likely
`to be slowed down if not denied due to Abdul’s conviction in this criminal case.
`Thus, Abdul respectfully requests that the Court fashion the imposition of the fine
`and monthly payments considering Abdul’s verified negative net worth and negative
`monthly cash flow. While no more than $100 per month may not seem like much, it
`represents an extreme amount to Abdul and his family, who live paycheck to paycheck and
`do not see their way out of crushing debt. A monthly payment of any amount will require
`Abdul to literally reassign monthly income away from his young son and to stop paying
`and trying to get on top of his other crushing debt for decades to come. But he understands
`this is a consequence of his involvement in this offense, and will figure out how to support
`his family, as he always has. Given the realities of his finances, Abdul asks the Court to
`impose no more than $100 per month and waive interest under 18 U.S.C. § 3612(f)(3)(A).
`Anything else merely sets Abdul up to fail. As discussed, Abdul has no objection if the
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`18-CR-04683-GPC-3
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`MOHAMMED ABDUL QAYYUM’S SENTENCING MEMORANDUM
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`Case 3:18-cr-04683-GPC Document 510 Filed 09/26/22 PageID.7503 Page 13 of 16
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`Court imposes a term of supervised release to continue to monitor Abdul’s ability to
`increase his monthly payments.
`C. The Guidelines Support a Time Served Sentence
`The parties agree as to the Guidelines calculations:
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`Base Offense Level [18 U.S.C. § 1037(a)(5); U.S.S.G § 2B1.1(a)(2)]
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`Specific Offense Characteristics [$9,700 “loss;” § 2B1.1(b)(1)(B)]
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`Acceptance of Responsibility [U.S.S.G. § 3E1.1(a)]
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`0-6 months
`The parties also agree that the Court should impose the low-end, time served (per
`Dkt. 496, PSR, at 2 “release status,” credit for one day in custody when fingerprinted,
`released, and placed on pretrial supervision the same day) .
`D. The § 3553(a) Factors Supported a Time Served Sentence
`The requested sentence is appropriate given Abdul’s overwhelmingly positive history
`and characteristics and the indisputably unaggravated nature and circumstances of this
`offense. Time served, supervised release if the Court deems it necessary, 100 community
`service hours, and imposition of a fine at a monthly rate of no more than $100, accounting
`for Abdul’s negative net worth and negative monthly cash flow, would also promote respect
`for the law and provide just punishment. Promoting respect for the law means meting out
`a commensurate punishment. As the Supreme Court has recognized, an overly harsh
`sentence “may work to promote not respect, but derision, of the law if the law is viewed as
`merely a means to dispense harsh punishment without taking into account the real conduct
`and circumstances involved in sentencing.” Gall, 552 U.S. at 54 (citations omitted).
`Abdul’s case epitomizes a situation where imposing an overly harsh sentence would run
`counter to the goals of promoting respect for the law. Abdul, who spent most of his life
`romanticizing the United States and its opportunities and equities, has been marred in the
`legal system for years and has already pled guilty for his lapse in judgment. He is now
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`18-CR-04683-GPC-3
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`MOHAMMED ABDUL QAYYUM’S SENTENCING MEMORANDUM
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`Case 3:18-cr-04683-GPC Document 510 Filed 09/26/22 PageID.7504 Page 14 of 16
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`branded as a convicted criminal, and his future, and that of his family’s, in this country is
`in jeopardy. The instant offense is an isolated, regrettable lack of judgment in an otherwise
`law-abiding, rule-following existence.
`Regarding deterrence, there are two types of deterrence for the Court to consider—
`general deterrence, i.e., deterrence of others, and specific deterrence, i.e., deterrence of
`Abdul. As to general deterrence, studies have found that it is the fact of a sentence, not the
`severity of it, that has a deterrent impact.3 As to specific deterrence, a custodial sentence
`or a fine payment greater than $100 per month would be counterproductive. Abdul should
`be encouraged to work, provide for his family, continue getting on top of his debts, and give
`back to and make amends with the community through community service. The reality is
`that Abdul’s conviction in this case, four years of supervision, eight years of uncertainty
`from the time of the FBI’s interrogation to now, and the collateral consequences this
`conviction may have on his and his family’s ability to remain in and adjust to becoming
`citizens of this country are themselves very significant and real consequences. See, e.g.,
`Exhibit B, Letter from Shalu (“It has been more than five years and we have struggled
`through