Sentencing Memorandum as to Charles Hill, IV filed by Charles Hill, IV — USA v. Thomas et al. (Dkt. 408, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00296-JPB-CMS · Doc. 408 · 2022-01-10 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA 
 
 
V.                                                     CASE NO. 1:20-CR-296-JPB-CMS 
 
 
CHARLES HILL, IV 
 
SENTENCING MEMORANDUM 
The Defendant, Charles Hill, IV, by and through undersigned counsel, 
submits this Sentencing Memorandum in support of a reasonable sentence under 
18 U.S.C. §3553(a).  Mr. Hill has filed no objections to the PSR or the guideline 
range.  Mr. Hill respectfully asks this Court to impose the sentence agreed upon by 
the parties.  In support thereof, Mr. Hill shows the court the following:  
PROCEDURAL POSTURE 
Mr. Hill was named in a Sixty-One (61) count superseding indictment 
returned by the grand jury on July 13, 2021.  Mr. Hill is charged in counts Twenty-
Five (25), Twenty-Six (26), Fifty-Five (55) and Fifty-Six (56) of the indictment. 
Pursuant to the above charges, Mr. Hill surrendered himself for arrest on 
July 19th, 2021. The defendant was released on a Ten Thousand Dollar unsecured 
bond.  
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Mr. Hill entered a plea pursuant to an agreement with the government to 
Count Twenty-Five, Conspiracy to Commit Wire Fraud.  
The Defendant raises no issues related to the facts or sentencing guidelines 
in this case.  The Defendant simply states that the facts and circumstances of the 
case and of the life of the Defendant supports the recommended sentence agreed to 
by the parties.   
 
THE §3553 FACTORS SUPPORT A LESSER SENTENCE BASED ON 
THE HISTORY OF THE DEFENDANT AND THE FACTS OF THE CASE  
 
 Federal law requires Courts to impose a sentence that is “sufficient, but not 
greater than necessary.” 18 U.S.C. §3553(a). (Emphasis added).   Particularly, in 
instances such as this case, when imposing the sentencing guidelines will lead to 
an unreasonable sentence, the court has the authority to impose a sentence outside 
the guidelines, as long as it is reasonable.  The sentencing guidelines, according to 
the Supreme Court, are merely “advisory,” and thus any calculation based upon 
those guidelines is not mandatory for the courts.  United States v. Booker, 543 U.S. 
220 (2005).  While district courts must still consult the guidelines, they are only 
required to “take account of the guidelines together with other sentencing goals.” 
Id. at 261. (Emphasis added).  The other sentencing goals, each of which must be 
evaluated individually in the sentencing analysis, are outlined in 18 U.S.C. 3553 
(a) as follows:  
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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 sentencing range established by the 
Sentencing guidelines;  
5. Any pertinent policy statement  
6. The need to avoid unwarranted sentence disparities among defendants 
with similar records who have been found guilty of similar conduct; 
and 
7. The need to provide restitution of any victims of the offense.  See 18 
U.S.C. §3553(a).   
 
 
The sentencing guidelines and its commentary are only two of those seven 
factors, roughly 28% of the total analysis. 18 U.S.C. § 3553(a)(4), (5).  In the 
present case, the suggested guideline range is greater than necessary.   A 
comprehensive analysis of Mr. Hill’s case, whereby other factors are considered, 
should result in a reasonable sentence which is less than the guidelines suggest.   
 
The Defendant Charles Hill, IV is 46 years old and a resident of the 
Northern District of Georgia.  The defendant was reared in a stable family 
environment and has significant contacts with his family and they are supportive of 
him in the unfortunate chapter of his life. 
 
He is currently married with three children, one of which tragically killed in 
a motorcycle accident in May of 2021, while attending the University of 
Tennessee.  Two of his daughters are minors and lives with the defendant and his 
wife.   He also has a stepson who lives in North Carolina.   
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Mr. Hill is a graduate of Morehouse College with a degree in Marketing.  He 
has also attained a master’s degree in Special Education from Grand Canyon 
University.    He is employed full time with the Dekalb County School System.  
 
Mr. Hill has a very rare autoimmune disease.  Anti-Synthethase Syndrome 
causes the immune system to erroneously attack and destroy normal lung, muscle, 
joint and skin tissue.  The disease in incurable and life-long.  For Mr. Hill the 
disease has resulted in autoimmune Interstitial Lung Disease with permanent lung 
scarring and decreased lung function. 
 
Mr. Hill is being treated at the Emory University School of Medicine for his 
disease.  Dr. Prateek Gandiga has stated that it is his opinion “that even a limited 
period of time incarcerated in a prison environment would pose significant risk of 
permanent and potentially organ/life-threatening damage to Mr. Hill’s health”.  Dr. 
Gandiga considers it essential that Mr. Hill continue to receive the treatments with 
his current subspecialty physicians to keep his disease under control.   
 
It is also important to note that Mr. Hill has cooperated with the government 
prior to the indictment.  Mr. Hill has been truthful and transparent with the 
government’s inquiry and has provide all information requested.  The defendant is 
remorseful and wants the opportunity to right his wrong.  
 
  
 
 
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CONCLUSION 
 
 
Mr. accepts full responsibility for his actions in this case and will accepts the 
courts sentence.  He ask this court to accept the sentence agreed upon by the 
parties in the plea agreement. 
 
This 10th   day of January 2022.  
Respectfully submitted, 
 
/s/Akil K. Secret___ 
Akil K. Secret 
 
 
 
 
 
 
 
Georgia Bar No.  634075 
THE SECRET FIRM, P.C. 
Post Office Box 91028 
Atlanta, GA  30364 
Telephone:(404) 524-5300 
Facsimile:(404) 524-5306 
asecret@thesecretfirm.com  
 
 
 
 
 
 
 
 
 
 
 
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CERTIFICATE OF SERVICE 
I hereby certify that I have this day electronically filed the foregoing 
SENTENCING MEMORANDUM with the Clerk of Court for filing and 
uploading to the CM/ECF system, which will automatically send email notification 
of such filing to the following attorney of record:  
Tal Chaiken, AUSA 
United States Attorney’s Office 
75 Ted Turner Drive 
Suite 600 
Atlanta, GA 30303 
 
 
This 10th   day of December 2022. 
Respectfully submitted,  
/s/Akil K. Secret  
Akil K. Secret 
 
 
 
 
Georgia Bar No. 634075  
 
 
THE SECRET FIRM, P.C.  
Post Office Box 91028 
Atlanta, GA 30364 
Telephone:(404) 524-5300  
Facsimile:(404) 524-5306  
asecret@thesecretfirm.com  
 
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