Government’s Sentencing Memorandum — United States v. Devol (Dkt. 17, S.D. Ohio)

Summary

The government's sentencing memorandum in United States v. Jon Devol, a/k/a John Atkins, Case No. 3:21-cr-00049-TMR, in the U.S. District Court for the Southern District of Ohio, filed September 2, 2021 as Doc 17. The government states that the defendant impersonated his elderly mother to steal $58,782 from the Social Security Administration and recommends a sentence of 15 months of imprisonment. It says the advisory guideline range is 15 to 21 months and that the low-end recommendation is what the government agreed to in paragraph 8 of the plea agreement. The memorandum cites the defendant's dozens of prior criminal convictions as a reason the sentence would protect the public, and it is signed by Special Assistant U.S. Attorney Timothy Landry.

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Case: 3:21-cr-00049-TMR Doc #: 17 Filed: 09/02/21 Page: 1 of 3 PAGEID #: 184




                             UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF OHIO
                                  WESTERN DIVISION


 UNITED STATES OF AMERICA,
                                                          CASE NO. 3:21-cr-00049-TMR
                Plaintiff,
                                                          JUDGE ROSE
         vs.

 JON DEVOL,                                               GOVERNMENT’S SENTENCING
 a/k/a JOHN ATKINS,                                       MEMORANDUM

                Defendant.



       The Defendant has dozens of prior criminal convictions and he impersonated his elderly

mother in order to steal $58,782 from the Social Security Administration. The United States

recommends a sentence of 15 months of imprisonment.

                                        The Guideline Range

       The government’s recommended sentence conforms with the advisory guideline

sentencing range. See 18 U.S.C. § 3553(a)(4). In this case, the range is 15 to 21 months.

(Presentence report (PSR) ¶ 152). The government is recommending a sentence at the low end

of this range, which is what the government agreed to recommend in paragraph 8 of the plea

agreement.

                             The Defendant’s Lengthy Criminal Record

       A 15-month prison sentence would help to protect the public from further crimes of the

defendant. See 18 U.S.C. § 3553(a)(2)(C). This defendant has dozens of prior criminal

convictions spanning his entire adult life, including cocaine distribution, theft, assault with a

deadly weapon, robbery with use of force, breaking and entering, forgery, and domestic violence,
                                               1

      Case: 3:21-cr-00049-TMR Doc #: 17 Filed: 09/02/21 Page: 2 of 3 PAGEID #: 185




to name a few. (PSR ¶¶ 40-74). He committed the instant offense while he was already on

probation in two other criminal cases. (PSR ¶ 76). He violated his bond in this case by, among

other things, testing positive for cocaine on August 9, 2021. (PSR ¶ 17). A 15-month prison

sentence is well justified.

                        The Nature, Circumstances, and Seriousness of the Offense

           The nature, circumstances, and seriousness of the offense justify the government’s

recommended sentence. See 18 U.S.C. § 3553(a)(1), (a)(2)(A). The Defendant stole $58,782

from the Social Security Administration by impersonating his elderly mother in order to keep

collecting his deceased father’s benefits. (PSR ¶¶ 18-21). He even went so far as to call the

Social Security Administration, impersonate his elderly mother, and falsely state that his father

was still alive. (PSR ¶ 21). This fraudulent conduct justifies a 15-month prison sentence.

                                                   Deterrence

           The need to promote respect for the law, to provide just punishment for the offense, and

to afford adequate deterrence to criminal conduct justify the government’s recommended

sentence. See 18 U.S.C. § 3553(a)(2)(A)-(B). The Social Security Administration pays Old-

Age, Survivors, Disability benefits to more than 64 million recipients. 1 With so many

beneficiaries, opportunities for fraud are numerous. Although the Social Security

Administration’s Office of Inspector General actively detects and investigates these cases, the

Courts also have a role to play. By imposing meaningful punishments for those who steal from

Social Security, the Court can deter others from stealing. For these reasons, a term of

imprisonment is appropriate in this case.



1
    See Social Security Beneficiary Statistics, https://www.ssa.gov/oact/STATS/OASDIbenies.html.
                                                         2

   Case: 3:21-cr-00049-TMR Doc #: 17 Filed: 09/02/21 Page: 3 of 3 PAGEID #: 186




                                           Conclusion

       In light of the defendant’s substantial criminal record and the extent of his fraudulent

conduct, the Court should impose the government’s recommended sentence.

                                             Respectfully submitted,

                                             VIPAL J. PATEL
                                             ACTING UNITED STATES ATTORNEY


                                             s/ Timothy Landry
                                             TIMOTHY LANDRY (MA 669554)
                                             Special Assistant United States Attorney
                                             221 East 4th Street, Suite 400
                                             Cincinnati, OH 45202
                                             Phone No.: (513) 684-3711
                                             Email: Timothy.Landry@usdoj.gov



                                    CERTIFICATE OF SERVICE

       I hereby certify that a copy of the foregoing document was served on September 2, 2021

on all counsel of record with the CM/ECF system.

                                             s/ Timothy Landry
                                             TIMOTHY LANDRY (MA 669554)
                                             Special Assistant U.S. Attorney




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