FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
UNITED STATES OF AMERICA and the
PEOPLE of the VIRGIN ISLANDS,
Plaintiffs,
v.
MALIK OSTALAZA,
Defendant.
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Criminal No. 2008-29
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ATTORNEYS:
Ishmael A. Meyers, Jr., AUSA
St. Thomas, U.S.V.I.
For the plaintiffs. 
Jesse A. Gessin, AFPD
St. Thomas, U.S.V.I.
For the defendant.
SENTENCING MEMORANDUM OPINION
GÓMEZ, C.J.
The defendant, Malik Ostalaza (“Ostalaza”), was indicted in
June, 2008 on three firearms-related counts and one count of
interfering with an officer discharging his duty.  Ostalaza pled
guilty to two of the firearms counts: possession of a firearm
with an obliterated serial number and unauthorized possession of
a firearm.  The Court held a sentencing hearing on November 26,
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United States, et al. v. Ostalaza
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Sentencing Memorandum Opinion
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2008.  At the conclusion of the hearing, the Court sentenced
Ostalaza to a term of imprisonment of eighteen months.  This
Opinion outlines the factors considered by the Court when it
imposed that sentence.
In addition to the United States Sentencing Commission,
Guidelines Manual, and the relevant statutes, the Court is
required to give “meaningful consideration” to the factors set
out in 18 U.S.C. § 3553(a) (“Section 3553(a)”). United States v.
Cooper, 437 F.3d 324, 329 (3d Cir. 2006).  Section 3553(a), in
pertinent part, provides: 
The court shall impose a sentence sufficient, but
not greater than necessary, to comply with the
purposes set forth in paragraph (2) of this
subsection.  The court, in determining the
particular sentence to be imposed, shall consider–
  
(1) the nature and circumstances of the offense
and the history and characteristics of the
defendant;
  
(2) the need for the sentence imposed–
(A) to reflect the seriousness of the
offense, to promote respect for the law,
and to provide just punishment for the
offense;
(B) to afford adequate deterrence to
criminal conduct;
(C) to protect the public from further
crimes of the defendant; and
(D) to provide the defendant with needed
educational or vocational training,
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United States, et al. v. Ostalaza
Criminal No. 2008-29
Sentencing Memorandum Opinion
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medical care, or other correctional
treatment in the most effective manner[.]
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing
range established . . . .
 . . .
(5) any pertinent policy statement--
  . . . 
(6) the need to avoid unwarranted sentence
disparities among defendants with similar
records who have been found guilty of similar
conduct; and
(7) the need to provide restitution to any
victims of the offense.
18 U.S.C. 3553(a).
The Court has carefully considered the several factors
enumerated in Section 3553(a).  In particular, the Court notes
that the crimes to which Ostalaza has pled guilty are serious
firearms offenses, each of which carries a statutory maximum
penalty of five years imprisonment.  The Court also notes that
the circumstances surrounding Ostalaza’s offenses are especially
egregious, in that he possessed a firearm with an obliterated
serial number in the heavily-populated Carnival Village, during
the yearly carnival in St. Thomas.  Additionally, the sentence
imposed ensures parity among similarly situated defendants. 
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United States, et al. v. Ostalaza
Criminal No. 2008-29
Sentencing Memorandum Opinion
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Finally, the Court finds that the sentence imposed on Ostalaza is
necessary to deter future criminal conduct.
   
      S\                   
    CURTIS V. GÓMEZ
       
      Chief Judge
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