Sentencing Memorandum — United States v. Chapman (Dkt. 32, E.D. Ky.)

Summary

A defense sentencing memorandum for Christopher Chapman in United States of America v. Christopher Chapman, Criminal Action No. 7:24-CR-0004-KKC, in the U.S. District Court for the Eastern District of Kentucky, Pikeville Division, filed February 21, 2025 as Doc. 32. The memorandum describes Chapman as a 36-year-old who has lived his whole life in the South Williamson area of Pike County, Kentucky, and has a high school diploma. It states that he worked for most of his adult life in public safety and first responder jobs, including as a 911 dispatcher for Mingo County, West Virginia, and that he kept working during the case. It argues for a sentence consistent with that of similarly situated defendants. It is signed by attorney Andy Markelonis.

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Case: 7:24-cr-00004-KKC-EBA             Doc #: 32 Filed: 02/21/25           Page: 1 of 4 - Page
                                            ID#: 105



                             UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF KENTUCKY
                                  PIKEVILLE DIVISION


CRIMINAL ACTION NO. 7:24-CR-0004-KKC



UNITED STATES OF AMERICA                                                      PLAINTIFF


VS.


CHRISTOPHER CHAPMAN                                                           DEFENDANT


                               SENTENCING MEMORANDUM

       Comes now the Defendant, CHRISTOPHER CHAPMAN, by counsel, and hereby

submits the following Sentencing Memorandum in the above-styled action.

       Chris Chapman is a 36-year-old young man who has lived his entire life in the South

Williamson area in Pike County, Kentucky. Chris has a high school diploma and has two

siblings who also live in the Pike County, Kentucky area along with his mother. His family

tragically suffered the loss of Chris’ brother due to an accidental firearm accident which took his

brother’s life in 2022. Chris has been employed virtually all of his adult life in the fields of

public safety and first responder occupations, including work as a 911 dispatcher for Mingo

County, West Virginia and as a seasonal employee for the West Virginia Division of Forestry,

among others as found in Paragraph 46 of the Presentence Report (PSR). He has maintained

employment during the pendency of this case as well at AutoZone in South Williamson,

Kentucky. During a brief period of unemployment, Chris asked undersigned counsel to file a

Motion with this Court to request that he be allowed to travel within the Southern District of

 Case: 7:24-cr-00004-KKC-EBA            Doc #: 32 Filed: 02/21/25           Page: 2 of 4 - Page
                                           ID#: 106



West Virginia to improve his chances of obtaining employment while his current case was

pending before the Court; the Court sustained Mr. Chapman’s Motion and he has continued to

work and travel within the two adjoining Districts without incident.

       Chris has accepted responsibility for his conduct in this case, having entered a guilty plea

before the Court on August 20, 2024 to One Count of Theft of Public Funds under 18 U.S.C.

Sec. 666(a)(1)(A), while working as Fire Chief of the Blackberry (KY) Volunteer Fire

Department. Counsel and Mr. Chapman do not dispute the factual basis of the offense contained

in Paragraphs 7-15 of the PSR.

       Counsel and Mr. Chapman agree with the U.S. Probation Office’s calculation of his

sentencing guidelines contained in Paragraphs 20-28, 32-33, and 51-53 (inclusive). Chris has

absolutely no criminal history, including minor traffic violations. In addition, he has no history

of alcohol or drug use or misuse in his background. As a result, Chris lands at nearly the very

lowest range of the sentencing guidelines for this particular offense, i.e., Zone B with a Criminal

History Category of I (One), resulting in a guideline range of 6 to 12 months. Counsel also

advises the Court that Chris has received an adjustment under USSG Sec. 4C1.1 as a “Zero Point

Offender.

       Counsel believes that the Zero Point Offender status in Chris’ case is especially

noteworthy insofar as the Sentencing Commission contemplates that offenders in Chris’ situation

are generally appropriate for a sentence other than imprisonment (emphasis added). USSG Sec.

5C1.1(b) or (c)(3). The undersigned believes that Chris is exactly the type of offender

contemplated under the foregoing. He has no criminal history whatsoever. His criminal offense

did not involve acts of violence, nor did they cause any type of physical injury. And, obviously,

no weapons or dangerous drugs were involved in the offense.

  Case: 7:24-cr-00004-KKC-EBA             Doc #: 32 Filed: 02/21/25           Page: 3 of 4 - Page
                                             ID#: 107



       Application Note No. 10 of the Sentencing Guidelines entitled “Imposition of a Term of

Imprisonment” appears to demonstrate that the Commission wanted to take special pains to point

out that it was generally appropriate for Zero Point Offenders like Chris Chapman to receive a

sentence other than active imprisonment. Counsel and Mr. Chapman would ask the Court to

impose a sentence in his case that is satisfied either by a sentence of probation that includes a

period of home detention that also includes electronic monitoring and supervision by United

States Probation. Obviously, as mentioned in Paragraph 65 of the PSR, there is a statutorily

mandated amount of restitution in this case in the amount of $76,854.50. Chris has demonstrated

a lifelong work ethic which will allow him to make restitution in this case; counsel believes that

a sentence of incarceration will only further delay restitution to the victim(s) in this case.

       Chris will, of course, suffer numerous disabilities as the result of the felony conviction he

receives in this case. He will be a convicted felon who is barred from many types of

employment. He will lose his rights to vote, run for public office or possess a firearm. Many

types of housing and living arrangements will be closed to him as well. Counsel respectfully

believes that a term of imprisonment is not necessary given the “history and characteristics” of

Chris Chapman. Counsel and Mr. Chapman are mindful that a punishment component is a part

of sentencing in federal court, of course. However, counsel respectfully maintains that the

punitive and deterrence factors of sentencing in this case can be achieved via home detention for

a period of 6-12 months, followed by the maximum period of probation to follow, as well as the

maximum term of supervised release. Such a sentence, counsel believes, would more justly

achieve the sentencing goals in Mr. Chapman’s case.

       Chris Chapman is not a dangerous offender who needs to be separated from society in a

penal facility. Counsel respectfully urges the Court to impose a proportionate sentence not

  Case: 7:24-cr-00004-KKC-EBA           Doc #: 32 Filed: 02/21/25          Page: 4 of 4 - Page
                                           ID#: 108



unlike the type suggested in Commentary Note 10 to USSG Sec. 5C1.1. A hybrid sentence of

this type will promote deterrence for Mr. Chapman. It will also be a sentence commensurate

with the nature and seriousness of the offense herein, while, at the same time, avoid an

unwarranted disparity in sentencing between Chris Chapman and other defendants who are

similarly situated.



                                             /s/Andy Markelonis_______________________
                                             ANDY MARKELONIS
                                             P.O. Box 464, 2708 Louisa Street
                                             Catlettsburg, Kentucky 41129
                                             (606) 739-8616; (606) 615-6711
                                             Attorney for Defendant




                                 CERTIFICATE OF SERVICE

     I hereby certify that a true copy of the foregoing was served upon the parties via the
CM/ECF filing system on this the 21st day of February, 2025.



/s/Andy Markelonis____________________
ANDY MARKELONIS

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