Case: 5:14-cr JRA Doc #: 83 Filed: 02/07/15 1 of 5. PageID #: 611

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

Case: 1:10-cr SL Doc #: 898 Filed: 06/04/12 1 of 5. PageID #: 18606

Case: 1:12-cr Document #: 133 Filed: 09/11/14 Page 1 of 10 PageID #:733

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SO WHAT S THE DIFFERENCE ANYWAY? THE DIFFERENCE BETWEEN VARIANCES AND DEPARTURES

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

On March 27, 2008, Scott Shields ("Shields" or. pleaded guilty to one count of Conspiracy to Fraudulently Obtain

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION. vs. CASE NO. xxxxx SENTENCING MEMORANDUM

Case: 1:09-cr DAP Doc #: 72 Filed: 05/11/12 1 of 14. PageID #: 608

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION GOVERNMENT S RESPONSE TO DEFENDANT S SENTENCING MEMORANDUM

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION. Plaintiff, : CASE NO. 2:15-CR-280. v.

Follow this and additional works at:

Case: 1:16-cr Document #: 47 Filed: 03/13/18 Page 1 of 6 PageID #:284

USA v. Catherine Bradica

Case 1:10-cr JFK Document 31 Filed 11/23/11 Page 1 of 12 SENTENCING MEMORANDUM

UNITED STATES OF AMERICA, ) ) No CR-W-FIG Plaintiff, ) ) Vs. ) ) MARY LYNN ROSTIE, ) ) Defendant. )

Case 3:18-cr MHL Document 19 Filed 04/18/18 Page 1 of 6 PageID# 74 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

In the SUPREME COURT OF THE UNITED STATES

Case 3:04-cr JAH Document 309 Filed 01/17/13 PageID.1104 Page 1 of 6

Case 3:17-cr RBL Document 8 Filed 07/06/17 Page 1 of 10 FILED. LDOOED,RECEIVED JUL

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 1:14-cr JEM-1.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Case: 3:16-cr Document #: 13 Filed: 06/30/16 Page 1 of 11 PageID #:132 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

USA v. Columna-Romero

Sentencing 101 A beginner s guide to sentencing in Federal Courts. March 23, 2016 Michelle Nahon Moulder, Assistant Federal Public Defender

USA v. Jack Underwood

Federal Marijuana Offenses: Vaporizing the Sentencing Guidelines. By: Joseph A. Bondy, Esq.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D. C. Docket No CR-J-33-MCR.

Follow this and additional works at:

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA. Richmond Division DEFENDANT EDWARD OKUN S POSITION ON SENTENCING

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION UNITED STATES OF AMERICA,

Follow this and additional works at:

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT * After examining the briefs and appellate record, this panel has determined

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION

8:15-cr JFB-FG3 Doc # 7 Filed: 04/10/15 Page 1 of 7 - Page ID # 19

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON. Defendant.

USA v. Jose Cruz-Aleman

Supreme Court of Ohio Clerk of Court - Filed February 11, Case No

Case 2:10-cr MAM Document 178 Filed 08/27/12 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

United States Court of Appeals

ALI-ABA Federal Sentencing Update After Kimbrough vs. The U. S. Presented in cooperation with CLE Options June 13, 2008 Live Video Webcast

Case 3:13-cr KI Document 51 Filed 07/02/14 Page 1 of 8 Page ID#: 141

Case 1:12-cr JTN Doc #220 Filed 04/04/13 Page 1 of 20 Page ID#1769. Plaintiff,

Case 2:16-cr DGC Document 121 Filed 11/09/18 Page 1 of 11

Case 1:18-cr ABJ Document 38 Filed 04/08/19 Page 1 of 10 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA : : : : : : :

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER

Case 0:09-cr JMR-SRN Document 75 Filed 07/13/10 Page 1 of 10. UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Criminal No.

2:13-mj DUTY Doc # 16 Filed 08/13/13 Pg 1 of 13 Pg ID 256 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE SUPREME COURT OF THE UNITED STATES. OCTOBER TERM, 2015 LEVON DEAN, JR., Petitioner. UNITED STATES OF AMERICA, Respondent

NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

P art One of this two-part article explained how the

Case 1:08-cr JLA Document 10 Filed 05/19/2008 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Court of Appeals of Ohio

Case 1:15-cr AWI Document 55 Filed 07/26/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

USA v. Adriano Sotomayer

Follow this and additional works at:

Case: 1:16-cr MRB Doc #: 18 Filed: 02/06/17 Page: 1 of 19 PAGEID #: 98 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HON. JULIAN ABELE COOK, JR SENTENCING MEMORANDUM OF THE UNITED STATES

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION. vs. CASE NO. 5:01cr22-RH

moves this Court for an order for the Disclosure of the Grand Jury Transcripts. This

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Case 1:08-cr RCL Document 24 Filed 07/13/15 Page 1 of 14 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO CR-ZLOCH/ROSENBAUM CASE NO CR-ZLOCH/ROSENBAUM

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

USA v. Luis Felipe Callego

UNITED STATES DISTRICT COURT

Case 1:10-cr LEK Document 425 Filed 08/21/12 Page 1 of 13 PageID #: 1785 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII

DEFENDANT RUDOLPH FRATTO S SENTENCING POSITION PAPER

Case 8:12-cr JLS Document 87 Filed 09/14/17 Page 1 of 9 Page ID #:288

PRELIMINARY STATEMENT

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Case 1:17-cr ABJ Document 525 Filed 02/23/19 Page 1 of 25 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Crim. No.

Case 1:09-mj JMF Document 3 Filed 01/12/2009 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA PLEA AGREEMENT

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D. C. Docket No CR-LSC-PWG.

Case: 3:18-cv TMR Doc #: 1 Filed: 11/16/18 Page: 1 of 4 PAGEID #: 1

Case 1:18-cr Document 16 Filed 02/27/18 Page 1 of 3 PageID# 150 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA

Case 2:10-cr MHT -WC Document 833 Filed 03/29/11 Page 1 of 9

INTRODUCTION TO THE SENTENCING GUIDELINES

MOTION OF DEFENDANT ROBERT E. STEWART FOR RECONSIDERATION OF DETENTION ORDER, WITH SUGGESTIONS IN SUPPORT

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No

3:09-cr MJP Date Filed 04/15/09 Entry Number 5 Page 1 of 5

Case: 2:17-cr EAS Doc #: 57 Filed: 10/01/18 Page: 1 of 6 PAGEID #: 413 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

IN THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

WRITTEN STATEMENT OF THE UNITED STATES SENTENCING COMMISSION BEFORE THE ANTITRUST MODERNIZATION COMMISSION

Case: 5:15-cr DAP Doc #: 37 Filed: 12/08/16 1 of 9. PageID #: 241 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Case 2:15-cr FMO Document 52 Filed 04/25/16 Page 1 of 17 Page ID #:295

USA v. Blaine Handerhan

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

The Simple Yet Confusing Matter of Sentencing (1 hour) Gary M. Gavenus Materials

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. v. HON. NANCY G. EDMUNDS

Case 2:12-cr AWA-TEM Document 51 Filed 05/09/12 Page 1 of 10 PageID# 147 IN THE UNITED STATES DISTRICT COURT FOR THI

USA v. William Hoffa, Jr.

Case: 1:15-cr Document #: 59 Filed: 01/13/16 Page 1 of 7 PageID #:172

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

United States Court of Appeals for the Sixth Circuit

Transcription:

Case: 5:14-cr-00096-JRA Doc #: 83 Filed: 02/07/15 1 of 5. PageID #: 611 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION UNITED STATES OF AMERICA Plaintiff, vs. CASE NO. 5:14 CR 0096 JUDGE JOHN ADAMS ADOLPH HARPER, Jr. Defendants. DEFENDANT ADOLPH HARPER, JR. SENTENCING MEMORANDUM Defendant Adolph Harper Jr., through undersigned counsel, submits this Sentencing Memorandum for the Court's consideration and requests a sentence, as calculated and reviewed pursuant to Title 18, United States Code 3553(a) and 3661, that is sufficient but not greater than necessary to achieve the statutory goals of sentencing. Respectfully submitted, Eddie M. Sipplen Isl E.M.Sipplen Eddie Sipplen (0076712) Counsel for Defendant Adolph Harper, Jr. 1655 West Market Street, Ste 240 Akron, Ohio 44313 330-374-5600 E-mail esipplen@sipplen.com

Case: 5:14-cr-00096-JRA Doc #: 83 Filed: 02/07/15 2 of 5. PageID #: 612 MEMORANDUM On March 24, 2014, Adolph Harper, Jr., along with three others, were named in a 134-count Indictment. Adolph Harper, Jr. was named in counts 1 83 and 131-134. On October 20, 2014, Adolph Harper, Jr. pled guild to twenty-one counts of the 134-count indictment. Count I charged Conspiracy to Distribute Oxycodone, in violation of 21U.S.C. 846 and 841(a)(1), 21 U.S.C. 841(b)(1)(C); Counts 2 83 charged Drug Trafficking, in violation of 21 U.S.C. 841(a)(1), 21 U.S.C. 841(b)(1)(C); Counts 131 134 charged Healthcare Fraud, in violation of 18 U.S.C. 1347 and 2. Subsequent to his plea, the U.S. Pretrial Services and Probation Office conducted a presentence report on Adolph Harper, Jr., to which he offers no objections. As stated per the U.S. Pretrial Services and Probation Office report, the applicable sentencing range is 108 months to 135 months. This is not greater than necessary based on the facts of the case and Adolph Harper is not asking for a variance. Adolph Harper, Jr. is 64 years old and is in poor health. Mr. Harper currently is diagnosed with hypertension, diabetes (Type II), coronary artery disease, asthma, sleep apnea, hypercholesterolemia, diabetic neuropathy, peripheral arterial disease, osteoarthritis of knees, benign prostatic hypertrophy, allergic rhinitis, obesity, and gastroesophageal reflux disease. Mr. Harper is scheduled to have a total knee replacement of his left knee in March 2015. He uses a cane to assist in walking. Mr. Harper is taking the following medications: Exforge (10/320mg), Metoprolol Succinate (100mg), Ibuprofen (800mg), Mucinex (600mg), Nexium (400mg), over the counter vitamins and supplements, and uses a Bi-PAP machine to assist in breathing while he sleeps. Adolph married Joanne Catledge in 1973 in Mississippi. They have four children together. Adolph Harper III (age 40) lives with his parents and has been diagnosed with Schizophrenia and bipolar Disorder. Angela Harper (age 38) is a principal and lives in Copley, OH. Adria Harper (age 35) also lives with Mr. and Mrs. Harper with her two children. Arista Harper (age 33) lives with the Harpers and has been diagnosed with mental retardation and suffers from seizures and requires full time care. The family takes turns watching and taking

Case: 5:14-cr-00096-JRA Doc #: 83 Filed: 02/07/15 3 of 5. PageID #: 613 care of Arista. The family currently has a negative income and a negative networth. The applicable law affords discretion to the District Court Judge to impose a sentence not greater than necessary to satisfy the statutory purposes of sentencing. District Court Judges have discretion to impose sentences, but sentences should not be greater than necessary to satisfy the statutory purposes of sentencing. See Gall v. United States, 552 US. 38 (2007); Kimbrough v. United States, 552 US. 85 (2007); Rita v. United States, 551 US. 338 (2007); United States v. Booker, 543 US. 220 (2005). Both the Supreme Court and the sentencing statutes instruct District Court Judges to impose the lowest sentence that will meet the four purposes of sentencing: justice; deterrence; incapacitation; and rehabilitation. 18 US.C. 3553(a)(2); Kimbrough, 552 US. at 10l. After properly calculating the advisory range under the sentencing guidelines, a factor which serves as only the "starting point," this Court will then consider the relevant 18 US.C. 3553(a) factors and impose a sentence sufficient, but not greater than necessary, to fulfill the purposes of sentencing. Gall,552 US. at 49. After the Supreme Court's decision in Gall, courts have wide discretion in imposing sentencing. The applicable guideline reads, "No limitation shall be placed on the information concerning the background, character, and conduct of the person convicted of an offense," this Court may "consider for the purposes of imposing an appropriate sentence." 18 U.S.C. 3661. In imposing the sentence here, this Court must consider the factors set forth in 18 U.S.C. 3553(a), which include: (1) The nature and circumstances of the offense and the history and characteristics of the defendant;(2)the need for the sentence imposed -to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; to afford adequate deterrence to criminal conduct; to protect the public from further crimes of the defendant; and to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;(3)the kinds of sentences available;(4)the advisory guidelines;(5)any pertinent policy statements issued by the Sentencing Commission;(6)the need to avoid unwarranted sentence disparities; and (7)the need to provide restitution to

Case: 5:14-cr-00096-JRA Doc #: 83 Filed: 02/07/15 4 of 5. PageID #: 614 any victims of the offense. 18.S.c. 3553(a). Application of 18 U.S.C. 3553(a)'s Sentencing Factors Adolph Harper, Jr. has no prior history of criminal conduct. He has never been charged with nor arrested in connection with any crime. Aside from the instant offense, Adolph Harper, Jr. has always been a law-abiding citizen. He has remained on bond the entire case and has reported to pretrial release as directed. Adolph Harper, Jr. has accepted fully the responsibility for his actions and the actions of the those in his employ. Conclusion For the above reasons, Adolph Harper, Jr. respectfully requests a sentence at the lower end of the range and not the maximum as argued by the government. Mr. Harper s suggested sentence is within the applicable advisory guideline range, which is "sufficient but not greater than necessary" to achieve the statutory purposes of punishment, as required by 18 US.C. 3553(a). Respectfully submitted, Eddie M. Sipplen Isl E.M.Sipplen Eddie Sipplen (0076712) Counsel for Defendant Adolph Harper, Jr. 1655 West Market Street, Ste 240 Akron, Ohio 44313 330-374-5600 E-mail esipplen@sipplen.com

Case: 5:14-cr-00096-JRA Doc #: 83 Filed: 02/07/15 5 of 5. PageID #: 615 CERTIFICATE OF SERVICE I hereby certify that on February 7, 2015 a copy of the foregoing Defendant Adolph Harper, Jr. Sentencing Memorandum was filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic receipt. 10