This matter is before the Court for the sentencing of the Defendant Tania J. Siyam. On March 21, 2008, Defendant plead guilty to two counts of violating the Lacey Act by virtue of importing and selling raw ivory and plead guilty to two counts smuggling goods into the United States. The Court ordered and received a pre-sentence investigation and Report.The Defendant has submitted numerous objections to the Report.
The pre-sentence Report indicates that the value of the ivory exceeds USD 120,000, and declines to grant Defendant a deduction for acceptance of responsibility. The Report, therefore, calculates the advisory guideline range on each count under these facts as 41 to 51 months imprisonment, two to three years of supervised release upon completion, a fine, and the appropriate special assessment.
In the Court’s view, Defendant’s convictions present a unique set of circumstances. Bearing in mind the sentences received by those who are in some manner similarly situated, the Court determines that a sentence of 60 months is appropriate. Defendant’s acts are more calculated than those who received lesser sentences. The Court finds that Defendant engaged in smuggling for at least five years. She recruited at least five individuals to assist in her operation. She learned customs laws and put in place methods to reduce her risk of being discovered by the authorities. She displayed pride in the fact that she had eluded detection for such a long period of time. Finally, she remained willfully blind to the effect her actions had on the African ecosystem.
Judgment:
The Defendant is sentenced to a term of imprisonment for 60 months, which is the statutory maximum for Counts 1 and 2, violations of the Lacey Act; and a term of 60 months, which is the statutory maximum for Counts 3 and 4, smuggling. These sentences are to run concurrently. Furthermore, theDefendant is fined USD 100,000, and she must pay to the United States a special assessment of USD 400.