Court filing
Sentencing Memorandum by Shaquille Fielder — USA v. Sanders et al. (Dkt. 154)
Filed October 14, 2024 in Sanders; one of 83 filings from this case.
Record facts
| Court | U.S. District Court records for the Western District of Missouri and Western District of Washington |
|---|---|
| Filed | 2024-10-14 |
U.S. District Court records for the Western District of Missouri and Western District of Washington · No. 4:24-cr-00029-BP · Doc. 154 · 2024-10-14 · Docket on CourtListener
Full text
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MISSOURI
WESTERN DIVISION
UNITED STATES OF AMERICA,
)
)
)
Plaintiff,
)
)
vs.
)
)
Case No. 24-00029-08-CR-W-BP
)
SHAQUILLE FIELDER,
)
)
Defendant,
)
SENTENCING MEMORANDUM
COMES NOW the Defendant, Shaquille Fielder, by and through his attorney, F.A.
White, Jr., and hereby submits this Sentencing Memorandum pursuant to Rule 32 of the
Federal Rules of Criminal Procedure. Sentencing in this cause is presently set for October
24, 2024 @ 1:00 p.m.
Mr. Fielder and undersigned counsel have received and thoroughly reviewed the
Presentence Investigation Report [hereinafter PSR] and have discussed all issues with
respect to sentencing in this cause. It is respectfully filed to assist the Court in determining
what type and length of sentence would be sufficient but not greater than necessary, in
order to comply with the statutory directives set forth in 18 U.S.C. §3553(a).
I. PROCEDURAL BACKGROUND
On February 6, 2024, a federal Grand Jury in the Western District of Missouri
returned a 13-count indictment charging Defendant in two counts with the offenses of
Case 4:24-cr-00029-BP Document 154 Filed 10/14/24 Page 1 of 6
conspiracy to commit wire fraud in violation of18 U.S.C. § 1349 (Count 1); and wire fraud
in violation of 18 U.S.C. § 1343 (Count 9). On June 26, 2024, the Defendant appeared
before this Court and entered his plea of guilty to Count 1 pursuant to a written plea
agreement entered into with the Government. The highlights of the plea agreement are as
follows:
1) The parties agreed that the applicable guidelines’ base offense level in the
Federal Sentencing Guidelines are covered in U.S.S.S.G. § 2K2.1(a)(4) which provide for
Basic Offense Level of 7.
2) The parties agreed that the defendant would be subject to a 4-level
enhancement for a loss amount agreed to be more than $15,000 but less than $40,000
Pursuant to §2B1.1(b)(1)(C) of the Federal Sentencing Guidelines.
3) The parties agreed that the Defendant had entered his plea in a timely
matter and thus that he should be entitled to a 2-level reduction pursuant to § 3E1.1(a) of
the Federal Sentencing Guidelines for a timely acceptance of responsibility.
4) The parties further agreed that the Defendant might also qualify for an
additional 2-level reduction under the sentencing guidelines as a so-called “zero-point
offender pursuant to §4C1.1.
5) While the Government agreed not to seek a sentence above the sentencing
guidelines, the Defendant would be free to seek a downward departure or a sentence
outside of the recommended guidelines range.
6) The Ggovernment agreed to dismiss Count 9 of the indictment at
sentencing.
7) 7he parties acknowledge that the plea agreement was not binding on the
Case 4:24-cr-00029-BP Document 154 Filed 10/14/24 Page 2 of 6
Court and that the Court would make the ultimate determination with respect to the
appropriate base offense level and criminal history category and what adjustments, if any,
should be applied to that base offense level and criminal history score.
On that date this Court accepted the Defendant’s proper plea of guilty and ordered
the preparation of a PSR. Sentencing has been deferred in this matter and is now
presently set for October 24, 2024 @ 1:00 p.m.
II.
UNRESOLVED ISSUES WITH RESPECT TO PSR
Both Mr. Fielder and counsel have received and reviewed the PSR prepared by
the United States Probation Office and there are no objections to the contents of that
report.
III.
SENTENCE TO BE IMPOSED
Mr. Fielder will stand before this Court at sentencing a soon to be 33-year-old
man who, by his own words, made the “dumbest” decision of his life. As noted in the
(which by the way included an excellent portrayal of the underlying facts and
circumstances involved in this case, PSR, Pp. 4-9, ¶¶s 4-22) Mr. Fielder assisted in one
fraudulent PPP (Paycheck Protection Program). Simply stated (and again Mr. Thomas
of the Probation Offices spells it out much more effectively) he allowed a co-conspirator
to dramatically embellish his credit-worthiness to allow him to obtain a loan in the
approximate amount of $21,000 under the program which he would not have otherwise
qualified for. Counsel submits that, as a result of this action, he forever changed the
status of his life! On the other hand, counsel is hopeful that when the Court considers
all of the other facts and circumstances of this young man’s life, as he knows that it will,
that it will consider that a sentence of probation is warranted.
Case 4:24-cr-00029-BP Document 154 Filed 10/14/24 Page 3 of 6
For starters, a review of the PSR with regard to its Offense level Computation,
the guidelines themselves, provide for low offense level of 7 (even considering a
recommended 4-level increase to the “amount of loss range of $5,000 to $40,000
dollars when Mr. Fielder’s recommended loss was to be at the lowest end of that
range.) PSR. P.9-10, ¶¶s 24-32). Beyond that, Mr. Fielder appears before this Court
with absolutely no criminal history points whatsoever. Applying both of these factors,
led the Probation Office to state that a sentence other than one for imprisonment, since
the guideline range is Zone A, the lowest zone or a sentence of 0-6 months. (PSR, P.
16, ¶¶s 68-69). Thus, counsel hopes that the Court even just considering these factors,
along with the fact that Mr. Fielder committed a “single act and impose the absolute
minimum sentence along with the lowest period of supervised release or probation term.
However, there are other factors with regard to Mr. Fielder which would hopefully
make the Court’s sentencing decision in this regard even a much easier one to make.
One of the things that counsel tries to do, and which he certainly tried to do in Mr.
Fielder’s case, is to try to get to know his client. Counsel must confess that when he
first met Mr. Fielder, he found him to be not only fully cooperative with counsel, but a
man who at the earliest possible stage of this admitted his wrongdoing and his
culpability. He clearly indicated at our first meeting that he just had had financial
problems and this looked like a way to make a little money (very little as it turned out
when compared to its cost). He did the same thing, Your Honor, when he appeared
before you on June 26, 2024 and entered his plea of guilty for this charge.
For anyone considering punishment, and what is enough, the effect of even a
federal felony conviction, which will likely last forever, is too often overlooked. Mr.
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Fielder, had a serious accident in 2022 after the event leading to the charge in this case
and from which he is still feeling the effects. (PSR, P. 14, ¶53). That situation has, in
the past, caused him problems with regard to successfully seeking and successfully
being able to maintain employment, (PSR, P. 14, ¶ 59). However, he, fortunately, has
recently been able to find a good job as a ramp agent for an airline at the Kansas City,
Mo. Airport. He has been able to continue working there although at times in great pain,
(PSR, P. 14, ¶58), Although he is hopeful that he can keep that job, he runs the risk that
this felony conviction may make that prospect questionable. He has people there who
like his work, and who will support his efforts to keep that job notwithstanding this
conviction. So, in reality, his “punishment” has already started. One also needs to
consider the restitution requirement which has been explained to Mr. Fielder both prior
to the plea and also in the PSR which has also been reviewed with him by counsel.
(PSR, P. 18, ¶ 80). Although terms will be set, this will still be an ongoing problem for
man who has already had financial problems. Certainly, that too, would be a part of his
“punishment.”
Finally, counsel wishes to advise the Court (because he knows that it will be
concerned) regarding his discussions with his client regarding the issue of his frequent
marijuana usage. (PSR, P.14, ¶55). Mr. Fielder has been made aware (a “not too
difficult task by the way) that just because marijuana usage may now be legalized by
the state of Missouri, this does not been it will be legal with regard to any federal
supervision. The first discussion came at the time we reviewed the terms of his pretrial
release which were impose by the Magistrate Court prior to counsel’s being appointed
to represent him. Of particular concern to counsel, was the fact that he feared that
Case 4:24-cr-00029-BP Document 154 Filed 10/14/24 Page 5 of 6
since Mr. Fielder was in frequent pain, that he might tend to utilize marijuana as a
“medication.” In any event, Mr. Filder must have listened because we have had no
problems with regard to that during the months since he was placed on pretrial release.
The point is, that that too, is something that can be added to the list of “problems” that
Mr. Fielder realizes that his actions have brought into his life.
CONCLUSION
Based on the foregoing, Defendant, Shaquille Fielder, hereby requests that this
Honorable Court impose a sentence in this case consistent with the suggestions
contained in this Memorandum and for any other relief as shall be deemed proper by
the Court.
Respectfully Submitted,
/s/ F.A. White Jr.
F. A. White, Jr. #22565
7924 N. Cherry St.
Kansas City, Missouri 64118
(816) 454-5300
(816) 455-3443- FAX
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that on October 24, 2024, the foregoing was filed in the Court’s
electronic filing system and a copy electronically served on all parties.
/s/ F.A. White Jr.
F. A. White, Jr.
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