Case 3:10-cr-00158-JCH Document 109 Filed 04/03/11 Page 1 of 6

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA :

v. : Docket No. 3:10cr158(JCH)

DAVID MAZEROLLE : April 3, 2011

GOVERNMENT’S SENTENCING MEMORANDUM

The Government respectfully submits this memorandum in aid of sentencing. The

defendant, David Mazerolle, is scheduled to be sentenced on April 7, 2011.

On December 16, 2010, the defendant pleaded guilty to Count Three of the Indictment,

charging him with Bank Theft, in violation of Title 18, United States Code, Section 2113(b).

The Government respectfully submits that a sentence of 30 months of imprisonment

should be imposed by the Court.

I. THE OFFENSE AND RELEVANT CONDUCT

The defendant’s conviction stems from his involvement in two bank burglaries in

September of 2009 of the Shelton TD Bank and the Waterbury TD Bank, during which

thousands of dollars was stolen by the defendant and his co-defendants.

Specifically, on the late evening of September 6, 2009, the defendant and two of his co-

defendants, Marco Santiago and Roberto Santiago, cut the telephone lines to the TD Bank

located on Huntington Street in Shelton. About an hour later, the defendant and Roberto

Santiago pried open the rear door of the bank and entered the bank wearing hats, masks, and

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gloves. Marco Santiago remained outside of the bank, looking out for police.1 PSR ¶¶ 8-9. The

defendant and his co-defendant ransacked the bank, taking approximately $1,632 in coins from

the teller stations. The bank’s vault had pry marks on it, but fortunately the defendants were not

able to gain access to it. PSR ¶ 8.

Only a week later, on September 14, 2009, Roberto Santiago and Felix Cruz, together

with a still-unidentified third person, broke into the TD Bank on West Main Street in Waterbury

via the rear door. All three individuals wore face masks and gloves. The three ransacked the

teller counter and then proceeded to the ATM room. PSR ¶ 10. The individuals attempted to

break into the ATM for about 20 minutes, and then departed the bank. About 25 minutes later,

the three re-entered the bank and continued their efforts to open the ATM. Surveillance cameras

show that the defendant then arrived at the bank to assist his three co-conspirators. After

successfully prying the ATM loose, the individuals loaded it onto a handtruck, placed it in a

waiting van, and left the bank. PSR ¶ 11. The Connecticut State Police found the ATM the

following day; the ATM had been forced open and its contents (approximately $49,000) had

been removed. PSR ¶ 12.

II. THE PRE-SENTENCE REPORT

The PSR prepared by the United States Probation Office calculate the defendant’s base

offense level at 6, with an additional 6 level increase because the theft involved was in excess of

$30,000, for a adjusted offense level of 12. PSR ¶ 25. With a two-level decrease for acceptance

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The defendant maintains that he did not enter the Shelton Bank, but instead remained
outside as the lookout during the burglary; while the Government disagrees with the defendant’s
assertion, it nonetheless believes that the Court need not reach this issue, as the defendant does
not dispute that he participated in that burglary. See Plea Agreement, Stipulation of Offense
Conduct ¶¶ 1-2.

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of responsibility, the defendant’s total offense level is 10. PSR ¶ 27. With a Criminal History

Category of VI, the defendant’s resulting Guidelines range is 24 to 30 months of imprisonment,

PSR ¶ 102, a supervised release term of two to three years, PSR ¶ 104, and a fine of $2,000 to

$20,000. PSR ¶ 108. The PSR also sets forth that restitution in the total amount of $50,711.10

is owed to the TD Bank, PSR ¶ 110, and recommends that this restitution obligation be joint and

severally imposed on all of the defendants. Id.2

III. DISCUSSION

Based upon the factors set forth in 18 U.S.C. § 3553(a), the Government respectfully

submits that a sentence of 30 months is appropriate.3 The Government believes that the factors

of promotion of respect for the law and specific deterrence play an important role in fashioning a

sentence for this defendant:

Seriousness of the Offense, Promotion of Respect for the Law

The defendant’s offense is obviously a serious one: the defendant conspired with others to

break into two federally-insured banks at night and steal thousands of dollars from within.

2
The Government agrees that liability should be joint and several for the entire amount.
Under the provisions of the Mandatory Victims Restitution Act, restitution in this case is
mandatory because an identifiable victim, TD Bank, suffered a pecuniary loss. See 18 U.S.C.
§3663A(c)(1)(B). Because more than one defendant contributed to TD Bank’s losses, the Court
“may make each defendant liable for payment of the full amount of restitution or may apportion
liability among the defendants to reflect the level of contribution to the victim’s loss . . . of each
defendant.” 18 U.S.C. §3664(h). Here, where all of the defendants contributed jointly to the
victim’s loss, it is appropriate to make each defendant responsible for that entire loss. See United
States v. Lucien, 347 F.3d 45, 54 (2d Cir. 2003). Moreover, there is simply no way to confirm
the defendant’s assertion that he only received $2,000 for his role in the burglaries.
3
The Government notes that the defendant concurs that a 30-month term of imprisonment
is appropriate so as to maximize his opportunity to participate in the Federal Bureua of Prison’s
500 hour drug treatment program.

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The crimes show a relative amount of sophistication, as the defendant and his co-

defendants were able to overcome the banks’ security systems and remove a heavy, cumbersome

ATM machine from one of the banks. In the Waterbury bank burglary, surveillance cameras

show that the defendant and his co-conspirators were inside of the bank for several hours,

working methodically to ransack the bank and take as much money as possible.4

More troubling, however, is the potential for violence created by the defendant’s actions.

The defendant and his co-defendants broke into the banks at night, wearing hats, masks and

gloves. If law enforcement, bank security, or a bank customer seeking to use the ATM had

happened upon the defendants, there was a real risk that a physical confrontation could have

ensued.

Thus, a significant term of imprisonment is warranted to reflect the seriousness of the

offense.

Deterrence

It is clear from the defendant’s prior criminal history that a significant and substantial

sentence is needed to deter the defendant from engaging in illegal activities. The defendant has

over two dozen felony and misdemeanor convictions, including several for burglary, larceny, and

identity theft, as well as a narcotics and an assault conviction. PSR ¶¶ 29-53. That criminal

history reflects a disturbing pattern of breaking into businesses and vehicles, and stealing cash,

4
In his sentencing memorandum, the defendant characterizes his role as a “minimal
participant,” Def. Br. 1-2, yet the defendant conceded to probation that he had accompanied a co-
defendant on trip to stake out potential banks before the burglaries occurred and that he had
brought the handtruck that was used to carry the ATM out of the Waterbury bank. See PSR ¶¶
16-17. The defendant’s actions show that his involvement was not a spur of the moment
decision, but instead a commitment by the defendant to engage in bank burglaries with his co-
defendants.

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credit cards, and expensive items from other people. Despite several lengthy terms of

imprisonment, the defendant has not been deterred, but instead continues to commit crime--

indeed, escalating those crimes to financial institutions. While the defendant’s drug dependency

certainly explains some of his past behavior, it does not excuse the fact that the defendant has

chosen to break the law, time and time again.

Educational and Vocational Training, and Medical Care and Treatment

Finally, the Government agrees with the defendant that he would benefit from the

substance abuse treatment programs available through the Bureau of Prisons.

IV. CONCLUSION

Thus, for the reasons set forth above, the Government respectfully requests that this Court

impose a Guidelines sentence of 30 months.

Respectfully submitted,

DAVID B. FEIN
UNITED STATES ATTORNEY

/s/

Sarah P. Karwan
ASSISTANT U.S. ATTORNEY
Federal Bar No. CT 22911
157 Church Street, 23rd Floor
New Haven, CT 06510
Tel.: (203) 821-3700
Fax: (203) 773-5376
sarah.p.karwan@usdoj.gov

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CERTIFICATE OF SERVICE

I hereby certify that on April 3, 2011, a copy of foregoing was filed electronically and

served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by

e-mail to all parties by operation of the Court’s electronic filing system or by mail to anyone

unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may

access this filing through the Court’s CM/ECF System.

/s/

SARAH P. KARWAN
ASSISTANT UNITED STATES ATTORNEY