USA v. Dixon

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
V.
JUSTIN DIXON,
Defendant.
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WILLIAM F. KUNTZ, II, United States District Judge:
MEMORANDUM & ORDER
23-CR-90 (WFK)
On November 15, 2024, Defendant pied guilty to guilty to Counts Two (2) and Four (4) of a five
count Indictment, charging him with Coercion and Enticement of a Minor in violation of 18 U.S.C.
§ 2422(b), and being a Felon in Possession of a Firearm in violation of 18 U.S.C. § 922(g)(l). Plea
Agreement ,r 1, ECF No. 35. The Court now sentences Defendant and provides a complete
statement of reasons, under 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 sentenced to 180 months'
imprisonment, followed by 5 years' supervised release with both the standard and special
conditions of supervision; forfeiture as set forth in the Order of Forfeiture; and a $200.00
mandatoty special assessment.
I. BACKGROUND
Defendant is responsible for sex trafficking several women and one minor girl near the
Penn Track, a location notorious for prostitution in East New York, Brooklyn. See Sealed
Presentence Investigation Report ("PSR") ,r,r 5, 6, ECF No. 38. Defendant used social media to
form relationships with his potential victims, groomed them, and manipulated them into working
for him as prostitutes. Id ,r 8.
On January 22, 2023, Defendant exchanged messages with Jane Doe, picked her up, and
took her to a house in Staten Island (the "Staten Island House") to force her to work as a
prostitute for his financial benefit. Id. ,r 10. Jane Doe was fourteen years old at the time. Id. ,r 9.
Defendant repeatedly took Jane Doe to the Penn Track and forced her to engage in sex acts with
unknown individuals for money. Id. ,r 10. Defendant collected the payment each time. Id.
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Defendant used force and threats of force to maintain control of the women and minor
victim at the Staten Island House; for example, he once slapped Jane Doe for looking at him in a
way he did not like. Id 1 11. To make Jane Doe appear older, Defendant overfed her and gave
her pills to increase her appetite. Id. Defendant also told Jane Doe he was arranging for her to
have plastic surgery, including breast implants, for the same reason. Id. While at the Staten
Island House, Defendant forced the women and minor victim he was trafficking to cook, clean,
and bathe him. Id. He prohibited his victims from wearing clothes in the house and tracked their
phones. Id.
On January 26, 2023, members of the Federal Bureau ofinvestigation ("FBI") and New
York Police Department ("NYPD") rescued Jane Doe from the Staten Island House. Id. 19.
The officers found Defendant there with several women. Id. Later, officers discovered
Defendant possessed two guns--one of which was an automatic pistol with a defaced serial
number-that he brandished in front of the women and girl at the Staten Island House, including
Jane Doe. Id. 1112-13.
Procedural Histo1y
On Febrnary 3, 2023, the Government brought a Complaint against Defendant for Sex
Trafficking of Children or by Force, Fraud, or Coercion in violation of 18 U.S.C. § 1591.
Comp!., ECF No. I. On February 28, 2023, a grandjmy returned a five-count Indictment
charging Defendant with one count of Sex Trafficking of a Minor, one count of Coercion and
Enticement of a Minor, one count of Sexual Exploitation of a Minor, and two counts of Felon in
Possession of a Firearm. Indictment, ECF No. 8.
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On November 15, 2024, Defendant pied guilty to Counts Two (2) and Four (4) of the
Indictment, charging him with Coercion and Enticement of a Minor in violation of 18 U.S.C.
§ 2422(b), and being a Felon in Possession of a Firearm in violation of 18 U.S.C.§ 922(g)(l ).
II. LEGAL STANDARD
Congress set forth the procedures for imposing a sentence in a criminal case in 18 U.S.C.
§ 3553. Together with 18 U.S.C. § 3553, the United States Federal Sentencing Guidelines
operate as the "starting point and the initial benchmark" for a court evaluating a criminal
sentence. Gall v. United States, 552 U.S. 38, 49 (2007). If and when a district court chooses to
impose a sentence outside of the Sentencing Guidelines range, the court "shall state in open court
the reasons for its imposition of the particular sentence, and ... the specific reason for the
imposition of a sentence different from that described" in the Guidelines. 18 U .S.C.
§ 3553(c)(2). The court must also "state[] with specificity" its reasons for so departing "in a
statement of reasons form." Id. The court's statement of reasons "shall be a simple, fact-specific
statement explaining why the guidelines range did not account for a specific factor or factors
under§ 3553(a)." United States v. Davis, 08-CR-0332, 2010 WL 1221709, at* 1 (E.D.N.Y.
Mar. 29, 2010) (Weinstein, J.) (internal citation omitted).
When determining the appropriate sentence, the court must consider seven different
factors: (1) the nature and circumstances of the offense and the history and characteristics of the
defendant; (2) the need for the sentence imposed; (3) the kinds of sentences available; (4) the
kinds of sentence and the sentence range established by the Guidelines; (5) any pertinent policy
statements issued by the United States Sentencing Commission; (6) the need to avoid
unwarranted sentence disparities among similar defendants found guilty of similar conduct; and
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(7) the need to provide restitution to victims of the offense. See 18 U.S.C. § 3553(a). The Court
now addresses each factor in turn.
III. ANALYSIS
A. The Nature and Circumstances of the Offense and the History and Characteristics
of Defendant
The first§ 3553(a) factor requires the Court to evaluate "the nature and circumstances of
the offense and the history and characteristics of the defendant." 18 U.S.C. § 3553(a)(l).
1. Family and Personal Background
Defendant was born on October 30, 1990, in Brooklyn, New York. PSR ,r 63. His
mother abused crack cocaine during her pregnancy, and Defendant tested positive for the drug at
bitih. Id ,i 65; Def. Sent'g Mem. at 3, ECF No. 48. Defendant never met his father. PSR ,r 63.
Defendant has a maternal half-sibling who resides in Queens, New York; she is not suppotiive of
him because she does not approve of Defendant's lifestyle. Id. ,i 64.
Defendant's childhood was tumultuous and traumatic. Defendant was primarily raised by
his maternal aunt, who abused alcohol, and his maternal grandmother. Id. ,i 65. Defendant and
his sister recall their mother often coming home high. Def. Sent'g Mem. at 3. When Defendant
was six, he and his family were kicked out of his grandmother's residence because his mother
stole his grandmother's wedding ring. PSR ,r 65. Defendant later moved to North Carolina with
his grandmother, where he lived for three years until his grandfather's unexpected death caused
Defendant's grandmother to return to New York. Id.; Def. Sent'g Mem. at 3. After moving back
to New York, Defendant was raised by his aunt, whom he felt "genuine[ly] love[d]" him. PSR
,r 65.
Defendant experienced poverty throughout his childhood, which Defendant reports led
him to selling and using controlled substances. Id. When Defendant's grandmother learned of
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his conduct, she kicked Defendant out of her house. Id. He lived in a motel in New Jersey for
six months, before moving into his friend's roach and rat-infested apartment. Id.; Def. Sent' g
Mem. at 3. By the age of 19, Defendant was in and out of the criminal justice system. Def.
Sent'g Mem. at 3.
Defendant has a one-year-old son from a prior relationship, whom he has never met.
PSR ,i,i 66-68. He is currently single. Id. ,i 66. Prior to his incarceration, Defendant lived with
a former girlfriend who is not his son's mother. Id. ,i 69.
2. Educational and Employment History
Defendant attended John Dewey High School for one semester, dropping out before he
completed the tenth grade due to gang activity. Id. ,i 85. Defendant obtained his high school
diploma on December 25, 2013. Third Addendum to the PSR, ECF No. 47. From March 2014
to August 2017, Defendant attended Kingsborough Community College in Brooklyn. PSR ,i 84.
Defendant dropped out due to his arrest for a prior conviction. Id.
From 2016 to 2021, Defendant was the sole owner of a luxury rental vehicle business.
Id. ,i 87. He does not report any other employment info1mation. Id. ,i 86.
3. Prior Convictions
Defendant's criminal history includes prior convictions for General Violation of Local
Law, Operating a Motor Vehicle While Impaired by Drugs, Criminal Mischief: Intent to Damage
Property, Aggravated Operation of Motor Vehicle in the Third Degree, and Criminal Possession
of a Firearm (x2). Id. ,i,i 48-53.
While incarcerated at the MDC, Defendant has been involved in several disciplinaiy
incidents, including refusing a work or program assignment, possessing a dangerous weapon,
possessing a hazardous tool, refusing to obey an order, being in an unauthorized area, and
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assaulting without serious injury. Id. ,r 70. On April 19, 2024, Defendant posted a video on his
Instagram account showing himself and other inmates at the MDC using what appear to be
controlled substances. See Gov't Sent'g Mem. at 3 & Ex. A. Defendant also made calls via a
recorded phone line at the Metropolitan Detention Center ("MDC") discussing his interest in
smuggling narcotics or contraband into the prison, and in potentially selling drugs when he gets
out of prison. Gov't Sent' g Mem. at 3 & n. l.
4. Physical and Mental Health
Defendant has acute embolism and thrombosis of his veins. PSR ,r 73. In March 2024,
while incarcerated at the MDC, Defendant suffered injuries to his shoulder and pinky finger.
Id. ,r 74. Defendant is cun-ently awaiting shoulder surgery. Id.
Defendant has been diagnosed with anxiety disorder, major depressive disorder, and post
traumatic stress disorder. Id. ,r 77. Defendant reports he has not experienced suicidal thoughts,
though he has been placed on suicide watch at the MDC. Id. ,r 78.
5. Substance Abuse
Defendant began using marijuana when he was 13 years old, alcohol when he was 16
years old, MDMA when he was 21 years old, and promethazine when he was 28 years old.
Id. ,r,r 79-82. Defendant states he was addicted to promethazine. Id. But Defendant has not
sought treatment for his controlled substance and alcohol use. Id. ,r 83.
6. Nature and Circumstances ofthe Offense
The Court's previous statements address the nature and circumstances surrounding the
instant offense. See supra Pmi I.
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B. The Need for the Sentence Imposed
The second§ 3553(a) factor instructs the Court to consider "the need for the sentence
imposed (A) to reflect the seriousness ofthe 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 ofthe defendant; and (D) to provide the defendant
with needed educational or vocational training, medical care, or other c01Tectional treatment in
the most effective manner." 18 U.S.C. § 3553(a)(2).
The Court's sentence recognizes the seriousness of Defendant's conduct, which involved
sex trafficking multiple women, including coercing a fourteen-year-old girl to work as a
prostitute for his personal enrichment. PSR ,r,r 7�11. Defendant also kept two guns within reach
ofhis minor victim--even knowing he was prohibited from doing so as a convicted felon.
Id ,r 12. The Court's sentence will deter others from engaging in similar conduct and justly
punish Defendant for his crimes. Accordingly, the Court's sentence is "sufficient, but not greater
than necessary" to comply with the purposes set forth in this factor. 18 U.S.C. § 3553(a).
C. The Kinds of Sentences Available
The third§ 3553(a) factor requires the Court to detail "the kinds of sentences available"
for Defendant. 18 U.S.C. § 3553(a)(3).
For Count Two (Coercion and Enticement of a Minor), Defendant faces a statutory
minimum term often years' imprisonment and a maximum term oflife. 18 U.S.C.§ 2422(b).
He also faces a statutory minimum term offive years' supervised release and a maximum te1m of
life. 18 U.S.C. § 3583(k). Ifa condition ofsupervised release is violated, Defendant may be
sentenced to up to five years without credit for pre-release imprisonment or time previously
served on post-release supervision. 18 U.S.C. § 3583(b)(2), (e), (k).
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For Count Four (Felon in Possession of a Firearm), Defendant faces a statutmy maximum
tenn of fifteen years' imprisonment. 18 U.S.C.§§ 922(g)(l), 924(a)(8). He also faces a
statutory maximum term of three years' supervised release. 18 U. S.C. § 3583(b), (e). If a
condition of supervised release is violated, Defendant may be sentenced to up to two years
without credit for pre-release imprisonment or time previously served on post-release
supervision. 18 U.S.C.§ 3583(b)(2), (e). Defendant is ineligible for probation on both counts.
18 U.S.C.§ 356l(a)(2), (3).
Defendant faces numerous other penalties: a maximum fine of $250,000.00; a special
assessment of$5,000.00, pursuant to the Justice for Victims of Trafficking Act; forfeiture in
accordance with the signed Order ofForfeiture; and compliance with sex offender notification
and registration requirements. 18 U.S.C. §§ 924(d)(l), 3014(a), 357l(b), 4042(c); 21 U.S.C.
§ 853(p); Plea Agreement ,r 13. The Court is also required to impose a mandatmy special
assessment of$100.00 per count pursuant to 18 U.S.C. § 3013(a)(2)(A) for a total of$200.00 in
this case.
D. The Kinds of Sentence and the Sentencing Range Established for Defendant's
Offense
The fourth§ 3553(a) factor requires the Court to discuss "the kinds of sentence and the
sentencing range established for ... [t]he applicable categmy ofoffense committed by the
applicable category of defendant as set forth in the guidelines." Id. § 3553(a)(4)(A).
Defendant pied guilty to one count of Coercion and Enticement of a Minor, in violation
of 18 U.S.C. § 2422(b). Plea Agreement ,r I. The applicable Guideline for Coercion and
Enticement of a Minor is U.S.S.G.§2G1.3, which provides a cross-reference to U.S.S.G. §2A3.l
where, as here, the offense involved conduct described in 18 U.S.C.§§ 224l(a) or (b). U.S.S.G.
§2A3.l establishes a base offense level of 30 because Defendant was not convicted under 18
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U.S.C. § 2241(c). Four levels are added because the offense involved conduct described in 18
U.S.C. §§ 2241(a) or (b). U.S.S.G. §§2A3.l(b)(l). Two levels are added because Jane Doe was
fourteen (14) years old at the time ofthe offense. U.S.S.G. §2A3.l(b)(2)(B). Two more levels
are added because Defendant used a computer or interactive computer service to coerce Jane Doe
to engage in prohibited sexual conduct. U.S.S.G. §2A3 .1(b)(6)(B). These enhancements result
in a total adjusted offense level of38.
Defendant also pied guilty to one count ofFelon in Possession ofa Firearm in violation
of18 U.S.C. § 922(g)(l). Plea Agreement 11. The applicable Guideline is U.S.S.G. §2K2.1.
Because Defendant used a firearm in the commission of Count 2, U.S.S.G. §2Xl.l(a) applies.
That provision directs the Court to use the base offense level for the substantive offense
(Coercion and Enticement of a Minor), plus any adjustments for any intended offense conduct
that can be established with reasonable certainty. U.S.S.G. §2Xl.l(a). Consequently, the same
base offense level and enhancements applicable to Count 2 apply to Count 4, resulting in an
adjusted offense level of38.
One unit is assigned to the group with the highest offense level. U.S.S.G. §3Dl.4(a)-(c).
Both counts here have an adjusted offense level of 38, so no additional units are added. Three
levels are reduced for Defendant's timely acceptance ofresponsibility under U.S.S.G. §3El.l(a)
(b). PSR 1143-45. This results in a total adjusted offense level of 35.
Probation recommends a bottom-of-the-Guidelines sentence of210 months'
imprisonment; five (5) years' supervised release with special conditions; and a $200.00
mandatory special assessment. Revised Prob. Sent' g Rec. at I. The Government recommends a
sentence of 180-210 months' imprisonment. Gov't Sent'g Mem. at 1. Defense counsel
recommends a below-Guidelines sentence of 180 months' imprisonment. Def. Sent' g Mem. at 1.
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The Court appreciates the sentencing arguments raised by all parties and has carefully considered
each in turn.
E. Pertinent Policy Statement(s) of the Sentencing Commission
The fifth§ 3553(a) factor requires the Court to evaluate "any pertinent policy
statement ... issued by the Sentencing Commission." 18 U.S.C.§ 3553(a)(5).
Probation directs the Court to the policy considerations in U.S.S.G. §5K2.21, stating
Defendant's participation in additional conduct not captured in the Guidelines calculations for
the instant offense-possessing a second gun-could constitute grounds for an upward
departure. PSR 118; see U.S.S.G.§5K2.21. The Court takes this into consideration, and finding
no other policy statements on its own, the Court proceeds to the next§ 3553(a) factor.
F. The Need to Avoid Unwarranted Sentence Disparities
The sixth§ 3553(a) factor requires the Comt to consider "the need to avoid unwarranted
sentence disparities among defendants with similar records who have been found guilty of
similar conduct." 18 U.S.C.§ 3553(a)(6). Defense counsel argues a "wide range of comparable
cases in the Southern and Eastern Districts of New York suppo1t [Defendant's] request for a
fifteen-year sentence; indeed, his conduct compares favorably to these cases." Def. Sent'g Mem.
at 7-8. Defense counsel cites cases involving defendants who sex trafficked multiple minor
victims and, in some cases, raped their minor victims. Id; see, e.g., United States v. Miller, 16-
CR-536 (E.D.N.Y.) (Matsumoto, J.), ECF No. 68 (defendant who "orchestrated the prostitution
of at least 12 minors" and "had sex with at least two of the known minor victims" sentenced to
180 months' imprisonment). The Comt considers the sentences imposed on other defendants
found guilty of sex-trafficking crimes, including the seriousness of their offenses, their own
criminal histories, and the relevant specifics of their own cases. For the reasons stated in this
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Memorandum and Order, and considering the other six§ 3553(a) factors, the Court's sentence
avoids unwarranted sentence disparities.
G. The Need to Provide Restitution
Finally, the seventh§ 3553(a) factor requires the Court to touch upon "the need to
provide restitution to any victims of the offense." 18 U.S.C. § 3553(a)(7). As previously stated,
restitution is mandatory with regard to Count Two. 18 U.S.C. § 3663(A). The victim's specific
losses are unknown at this time. PSR � 104. The Corut reserves its right pursuant to 18 U.S.C.
§ 3664(d)(5) to hold an evidentiary hearing within ninety (90) days after this sentencing to
determine the specific amounts owed to Defendant's victim.
IV. CONCLUSION
For the reasons set forth above, Defendant is sentenced to 180 months' imprisonment,
followed by 5 years' supervised release with both the standard and special conditions of
supervision; forfeiture, as set forth in the Order of Forfeiture; and a $200.00 mandatory special
assessment. This sentence is sufficient but not greater than necessary to accomplish the purposes
of§ 3553(a)(2). The Court does not impose a fine given Defendant's inability to pay.
The Corut expressly adopts the factual findings of the Sealed Presentence Investigation
Report and Addenda thereto, as corrected herein, to the extent those findings are not inconsistent
with this opinion.
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Dated: November 24, 2025
Brooklyn, New York
SO ORDERED.
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\ .Af6N. WILLIAM F. K�
UNITED STATES DisTRlc�
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