chadderdon sentencing memorandum

8/10/2019 Chadderdon Sentencing Memorandum

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F O S T E R S W I F T C O L L I N S & S M I T H P C | | A T T O R N E Y S

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

__________________________________________

UNITED STATES OF AMERICA,

Plaintiff Case No. 1:14-cr-151

v U.S. District Judge Janet T. Neff

ALLEN P. CHADDERDON,

Defendant__________________________________________Christopher OConnor

Assistant United States AttorneyU.S. Department of JusticeP.O. Box 208Grand Rapids, MI 49501-0208(616) 456-2404

Frank Harrison Reynolds (P29917)Foster, Swift, Collins & Smith, P.C.Attorneys for Defendant313 S. Washington SquareLansing, Michigan 48933(517) [email protected] __________________________________________

SENTENCING MEMORANDUM

Defendant, Allen P. Chadderdon submits this memorandum to assist the Court in its

determination of a sentence that is sufficient, but not greater than necessary, to promote

the goals Congress established when it enacted 18 U.S.C. 3553(a). Based on the history

and characteristics of this Defendant and the nature and circumstances of the offense

conviction, along with all of the other 3553 factors, it is suggested that a sentence of the

lowest possible term of incarceration, if any, followed by the shortest period of supervised

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 1 of 8 Page ID#169
mailto:[email protected]:[email protected]:[email protected]


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In accordance with the terms of the Plea Agreement the Government agreed to

move and not oppose a two level reduction for acceptance of responsibility by Defendant.

If the Court grants the two level reduction the Government will then move for the Court to

grant an additional one level reduction provided the adjusted offense level is 16 or greater.

The matter was referred to the United States Probation Department for the

preparation of a pre sentence investigation report by Probation Officer Lori Hodel, which

was filed on November 17, 2014.

III.BIOGRAPHICAL INFORMATION AND STATEMENT OF ALLEN CHADDERDON

Biographical data has been set forth in the pre-sentence report prepared by the

Probation Officer in this case. To that end, I will not repeat that information. Mr.

Chadderdon has himself provided more detailed background information and related his

feelings about this case. ( Attachment A ).

IV.STEPS TAKEN BY ALLEN CHADDERDON SINCE HIS ARREST

Mr. Chadderdon took it upon himself to continue to participate in psychological

counselling. This began with David R. LaCharite, LMSW in September of 2009. The therapy

continues at this time. ( Attachment B ).

In addition, Mr. Chadderdon was administered a polygraph examination dealing

with a pertinent issue that may be of concern to this Court. ( Attachment C ).

V.FAMILY, COMMUNITY, AND FRIENDS SUPPORT

Mr. Chadderdon's wife, Alexis Chadderdon has written a letter of support and family

background, along with family pictures. ( Attachment D ).



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Linda McRorie Chadderdon, Mr. Chadderdon's mother, has written a letter and

provided photos to the Court to describe their relationship, his importance in her life, and

additional information about him. ( Attachment E ).

Additionally, other family members, neighbors, members of his community,

business associates, and personal friends have provided letters for this Court's

consideration in imposing an appropriate sentence. ( Attachment F ).

In addition to his work history at a very young age he has also been a supporter and

contributor to Muscular Sclerosis, ASPCA, Williamston Food Bank, ARC, the Human Society,

as well as the Dian Fossey Gorilla Fund. Mr. Chadderdon has been a major help to his

mother through her many medical problems, which are referenced in paragraph 81 of the

Presentence Report prepared by Lori A. Hodel, U.S. Probation Officer. He has been able to

manage working a full time job, helping his mother, who is in severe need of his help at this

time, working on his marital relationship with Alexis, and continued therapy with Mr.

LaCharite.

VI.COLLATERAL CONSEQUENCES OF ALLEN CHADDERDON'S GUILTY PLEA

When Mr. Chadderdon accepted responsibility for his criminal conduct by entering

his guilty plea, he recognized that there would be significant collateral consequences

beyond the sentence imposed upon him. These consequences most likely will include loss

of his professional license. He was terminated by the insurance agency. He immediately

informed his spouse, Alexis Chadderdon. He had to tell his Mother and others in his

extended family. This was the beginning of the humiliation that would follow as more

people found out about his case. The stigma continued to spread.



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Mr. Chadderdon became severely depressed and he experienced extreme shame

that overwhelmed him. He began a period of self imposed isolation and emotional

alienation. He has been coming to grips with his emotional situation through treatment

and by reaching out to his family and close friends. They have expressed their support for

him and written on his behalf. To his credit, Mr. Chadderdon has secured new employment

with Peak Management, LLC.

Mr. Chadderdon has already been significantly punished for his crime, and

regardless of the Courts sentence, Mr. Chadderdon will be continuously punished for the

rest of his life. He will be a convicted felon and have to carry all of the disabilities

associated with this adjudication. Additional restrictions will most likely function as

punishment: regular reporting to a probation officer, submitting to unannounced home

visits, limitations on persons he can associate with, and not leaving the judicial district

without Court approval or changing jobs without advance permission. Mr. Chadderdon has

not only had to deal with the stress associated with his crime, but also had to endure the

consequences of his actions on his family.

VII.DISCUSSION

In compliance with United States v Booker , 543 U.S. 220, 125 S.Ct. 738 (2005), as

clarified by Gall v United States , 552 U.S. 38, 128 S.Ct. 586 (2007), and Kimbrough v United

States , 552 U.S. 85, 128 S.Ct. 558 (2007), this Court is directed to consider a number of

factors in determining a defendants sentence. After correctly calculating a defendants

advisory sentence guideline range, the Court is to listen to arguments by the parties as to

the appropriate sentence to be imposed. The Court is then to look to the sentence statute

18 U.S.C. 3553(a) to find support for the sentences advocated by the parties. Based upon



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the consideration of the advisory range, the positions of the parties, and the 3553(a)

factors, the Court is to impose a sentence that is sufficient, but not greater than necessary,

to achieve the purposes of sentencing.

VIII.REQUEST FOR A DOWNWARD VARIANCE/DEPARTURE

18 U.S.C. 3553(a) Imposition of a sentence provides as follows:

(a) Factors to be considered in imposing a sentence . The Court shallimpose a sentence sufficient, but not greater than necessary, to comply withthe purposes set forth in paragraph (2) of this subsection. The court, indetermining the particular sentence to be imposed, shall consider :

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

(2) the need for the sentence imposed -

(A) to reflect the seriousness of the offense, topromote respect for the law, and toprovide just punishment for the offense;

(B) to afford adequate deterrence to criminalconduct;

(C) to protect the public from further crimesof the defendants; and

(D) to provide the defendant with needededucational or vocational training,medical care, or other correctionaltreatment in the most effective manner.

(3) the kinds of sentences available;

(A) to reflect the seriousness of the offense, to promoterespect for the law, and to provide just punishment forthe offense;

(B) to afford adequate deterrence to criminal conduct;



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(C) to protect the public from further crimes of thedefendant; and

(D) to provide the defendant with needed educational orvocational training, medical care, or other correctional

treatment in the most effective manner.

Mr. Chadderdon exhibits several of the characteristics that the Sentencing

Commission has identified as indicators of reduced risk of recidivism. Mr. Chadderdon is

33 years old with no prior juvenile nor adult criminal convictions.

After he was terminated from his insurance agency employment he secured stable

employment with Peak Management, LLC where he has been recognized for his good work

by being promoted. He has maintained employment throughout his lifetime, starting at a

young age. He has a long history of personal responsibility and he is a homeowner. Mr.

Chadderdon has exhibited personal responsibility by admitting his guilt and pleading guilty

to the instant offense. He further continues counselling.

Mr. Chadderdon is a High School Graduate with some community college

attendance. It is his plan to return to college and earn a degree. He also holds several

professional designations and licenses related to his work in the insurance industry. Prior

to this conviction by guilty plea, Mr. Chadderdon had no criminal record and no juvenile

record. Additionally, Mr. Chadderdon has never been incarcerated before and has been

compliant throughout his pre-trial release.

Mr. Chadderdon is married to Alexis Chadderdon who has written a letter to this

Court. Family photographs are attached to this memorandum. ( Attachment E ).



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IX.CONCLUSION

All of this information is being provided to the Court to demonstrate Mr.

Chadderdon's background and commitment to his family and his community. The situation

is unfortunate and very sad. It is important for the Court to realize the purpose of this

Memorandum and attachments is not to offer excuses for Mr. Chadderdon's actions or to

request undue leniency, but rather, to assimilate information pertaining to him, his

background and motivations, in order to allow the Court to understand Mr. Chadderdon as

an individual.

Mr. Chadderdon respectfully requests this Honorable Court render a sentence

"sufficient" but not greater than necessary to accomplish the goals of sentencing.

Defendant requests that the Court grant a downward variance/departure and sentence him

to the least restrictive sentence to allow him to maintain his employment, work on his

marriage and continue to assist his Mother. He also requests the lowest fine permitted by

law in order to achieve the goals of sentencing.

With this in mind, Mr. Chadderdon prays this Honorable Court determine a method

of discipline that is not counter productive to Mr. Chadderdon's individual needs and one

that adequately serves the requirements of justice.

Respectfully submitted,

FOSTER, SWIFT, COLLINS & SMITH, P.C.

Dated: November 24, 2014 /s/Frank Harrison Reynolds_________Frank Harrison Reynolds (P29917)Attorney for Defendant Allen P. Chadderdon

31403:00001:2018300-1



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chadderdon sentencing memorandum

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