Defendant's Sentencing Memorandum — United States v. Henderson

Record facts

U.S. District Court for the Western District of Missouri · No. 4:23-cr-00233-BCW · Doc. 138 · 2024-08-29 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT FOR THE 
WESTERN DISTRICT OF MISSOURI 
WESTERN DIVISION 
 
UNITED STATES OF AMERICA, 
) 
 
 
 
 
 
 
) 
 
 
 
Plaintiff, 
 
) 
 
 
 
 
 
 
) 
v. 
 
 
 
 
 
) Case No. 23-CR00233-02-CR-W-BCW 
 
 
 
 
 
 
 
) 
CAMONTE HENDERSON, 
) 
 
 
 
 
 
 
) 
Defendant. 
) 
 
SENTENCING MEMORANDUM  
 
 
Comes now Mr. Henderson, by and through CJA appointed counsel Arimeta DuPree, and 
submits this sentencing memorandum to aid in his sentencing hearing scheduled for August 29, 
2024, at 1:30 p.m.  Mr. Henderson requests this Court sentence Mr. Henderson below the 
advisory guidelines and place Mr. Henderson on a term of probation for two years with a 
restitution amount of $20,832.  In support of this request, Mr. Henderson states the following: 
18 U.S.C. § 3553(a) Factors 
United States v. Booker, found the United States Sentencing Guidelines are to be 
considered advisory and requires that a court consider the guideline range calculation as merely 
one of many factors in determining a sentence no greater than necessary to achieve the goals of 
sentencing set forth in 18 U.S.C. § 3553(a)(2).   United States v. Booker, 125 S. Ct. 738 (2005); 
Gall v. United States, 128 S. Ct. 586, 597 (2007); Kimbrough v. United States, 128 S. Ct. 558, 570 
(2007); Hawk Wing, 433 F. 3d at 631.  The overriding principle and basic mandate of the statute 
requires District Courts to impose a sentence “sufficient, but not greater than necessary,” to 
achieve the four purposes of sentencing set forth in 18 U.S.C. § 3553(a)(2):  
Case 4:23-cr-00233-BCW     Document 138     Filed 08/29/24     Page 1 of 4

(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just 
punishment for the offense; 
(B) to afford adequate deterrence to criminal conduct; 
(C) to protect the public from further crimes of the defendant; and 
(D) to provide the defendant with needed educational or vocational training, medical care, or other 
correctional treatment in the most effective manner. 
In this case, sentencing Mr. Henderson to two years of probation is sufficient punishment, 
but not greater than necessary to achieve the purposes of sentencing.   
(A) Seriousness of the offense 
On April 4, 2024, Mr. Henderson pled guilty to Count 1 - conspiracy to commit wire fraud,  
in violation of 18 U.S.C. §§ 1349, for conduct occurring on or about March 2021 and continuing 
through on or about January 2022.  (PSI ¶ 1).  The maximum penalty for Count 1 is no more than 
20 years imprisonment, no more than a $250,000 fine and no more than 3 years of supervised 
release.   
(B) Afford adequate deterrence to criminal conduct 
The recommended sentence will deter any future criminal conduct by Mr. Henderson.   
Also, the sentence will send a message to individuals who want to engage in wire fraud to rethink 
because of the stern punishment. 
(C) Protect the public from future crimes of the defendant 
The recommended sentence will protect the public from future crimes of the defendant.  
Furthermore, the term of probation will allow Mr. Henderson to continue outpatient counseling 
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and treatment, continue working so that he can pay his restitution, and be continually supervised 
by the United States Probation and Pretrial Services Office.     
(D) Provide defendant with needed training, medical care, or treatment 
Mr. Henderson realizes that marijuana is not a legal substance within the laws of the  
Federal government.  Although Mr. Henderson has had positive urinalysis for marijuana, his 
negative urinalysis are far greater than the positive ones.  Mr. Henderson is working diligently to 
overcome the marijuana use that has been unknowingly placed in food that he’s consumed and 
other items that he’s ingested.  The road to recovery is a marathon and not a sprint.  Mr. Henderson 
believes that with his continued therapy, he will be successful in this race and overcome the 
consumption of marijuana. 
WHEREFORE, considering the above, Mr. Henderson respectfully requests this Court 
sentence Mr. Henderson to 2 years of probation, which will be “sufficient, but not greater than 
necessary,” to achieve the four purposes of sentencing set forth in § 3553(a)(2): (a) retribution; (b) 
deterrence; (c) public safety; and (d) rehabilitation. 
 
 
Case 4:23-cr-00233-BCW     Document 138     Filed 08/29/24     Page 3 of 4

Respectfully Submitted, 
 
 
 
/s/ Arimeta R. DuPree___________ 
ARIMETA R. DUPREE       #56313  
1125 Grand Blvd., Suite 210 
Kansas City, Missouri 64106 
Tel: 
(816) 521-0773 
Fax: 
(816) 474-7013 
Email: dupree@adupreelaw.com 
ATTORNEY FOR DEFENDANT 
 
 
Certificate of Service 
I hereby certify that on August 29, 2024, a copy of the foregoing was electronically filed 
and a “Notice of Electronic Filing” to the CM_ECF system of the United State District for the 
Western District of Missouri for electronic delivery to all counsel of record.  
  
/s/ Arimeta R. DuPree___________  
ARIMETA R. DUPREE      
 
 
Case 4:23-cr-00233-BCW     Document 138     Filed 08/29/24     Page 4 of 4

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