Court filing

Sentencing Memorandum and Motion for Downward Departure — Bern Benoit

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“Sentencing Memorandum and Motion for Downward Departure — Bern Benoit.” Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-dixon/2021-09-01-sentencing-memorandum-dkt-378/.

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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 1 of 27

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) CASE NO.: 1:20-CR-00296-JPB-AJB
)
BERN BENOIT, )
)
Defendant. )
)

DEFENDANT BERN BENOIT’S SETENCING MEMORANDUM AND

MOTION FOR DOWNWARD DEPARTURE

TO THE HONORABLE J.P. BOULEE, UNITED STATES DISTRCIT COURT

JUDGE:

By and through his counsel of record, BERN BENOIT a/k/a BURN BENOIT submits

the following sentencing memorandum and Motion for Downward Departure for this Court’s

consideration prior to imposition of sentence herein. Defendant confirms that he received

the Final Presentence Investigative Report (“PSR”) prepared by Maria J. Ridley United States

Probation Officer on or about May 18, 2021 and understands that this Court will consider

said report during sentencing. However, because the PSR includes an advisory guideline

sentencing range together with a recommended sentence, Defendant submits this sentencing

memorandum to assist the Court in determining the most appropriate sentence herein.

INTRODUCTION
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"It is important.to realize that departures are an important part of the sentencing process

because they offer the opportunity to ameliorate, at least in some respects, the rigidity of the

Guidelines themselves. District judges, therefore, need not shrink from utilizing departures

when the opportunity presents itself and when circumstances require such action to bring

about a fair and reasonable sentence." United States v. Gaskill, 991 F.2d 82, 86 (3rd Cir.

1993).

STATEMENT OF THE CASE
THE DEFENDANT BERN BENOIT a/k/a BURN BENOIT IS A VICTIM OF
CIRCUMSTANCES IN THIS MATTER
Defendant was named in a one-count Information in the above-entitled and numbered

case wherein he was charged with Conspiracy to Commit Bank Fraud and Wire Fraud

18 U.S.C. § 1349 / Class B Felony

DEFENDANT WAS NOT A BERNEFICIARY OF THE FRAUD

The Defendant in this case, BERN BENOIT a/k/a BURN BENOIT was

advised by his longtime Friend and Business Consultant) Jerry Baptiste to apply for

a PPP loan.1 The Defendant was hitherto a Limo Driver and successfully established

a transportation company. The Defendant is unsophisticated and has only a High

School education. Defendant met Jerry Baptiste sometime in 2006, where he solicited

defendant to design website for defendant’s transportation business. Jerry Baptiste

and defendant later became friends and defendant relied on him primary for business

1
Jerry Baptiste was later indicted and later arraigned on 08/25/2021 in connection with this matter and now a codefendant.
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advice because of Baptiste sophistication. At offset of the pandemic Jerry Baptiste

advised the Defendant BERN BENOIT a/k/a BURN BENOIT that he has an

Accountant who will put together, the paperwork. Defendant merely provided some

basic information and signed the Loan Application form. Jerry Baptiste and the

Accountant supplied all the supporting documentation. The Defendant had no idea

what information or documentation were put together to back up his loan application.

Other than Jerry Baptiste defendant never met or spoke to any of the

codefendants in this case. After the Defendant noticed over $800,000.00 in his

account, whereas, he had only applied for $100,000.00 he was shocked and called to

find out from Jerry, why such a huge amount was deposited in his account. He was

advised to send $50,000.00 to Jerry and to send $200,000.00 to the accountant. The

Defendant was advised that Jerry and the Accountant would be setting up a business

with the money and from the proceeds, they will facilitate his paying the loan. The

Defendant was worried and concerned but complied with Jerry and the accountant

since they knew better and were more enlightened than him. After all, they helped to

obtain the loan. The Defendant BERN BENOIT a/k/a BURN BENOIT did not touch

nor spend a cent of the loan on himself. The government promptly froze his account,

and the balance of the money has been forfeited to the Government. See Document

No. 125.

The government bugged the Defendant’s telephone line and subpoenaed his e-

mails based on warrant. No loan application documents were found in the
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Defendant’s house. The BERN BENOIT a/k/a BURN BENOIT is an unwitting tool

in this matter. The Defendant BERN BENOIT a/k/a BURN BENOIT is a victim in

this matter and is struggling with depression. Defendant is now a broken, humbled

man in every sense of the word given his current physical, mental, emotional, and

financial condition. Defendant is very embarrassed and humiliated, very remorseful,

and regretful. Over his ignorant conduct herein.

The Defendant absolutely and sincerely accepts responsibility due to his

ignorantly induced conduct and the consequences with which he must now deal. He

recognizes that he will, forever be a convicted felon and will have to live with that

stigma the rest of his life. Certainly, he is not a perfect man, but neither is he a man

upon whom taxpayer monies should be spent unnecessarily to confine him, clothe

him, feed him, and otherwise care for him while he is locked up in a federal prison

for an excessive and unreasonable period.

The Defendant is hopeful that his remaining last years will be lived with

dignity, honor, and productivity.

HISTORY AND CHARACTERISTICS
PERSONAL AND FAMILY DATA
THE DEFENDANT HAS NEVER HAD A RELATIONSHIP WITH HIS
FATHER

As indicated in the PSR, Defendant BERN BENOIT was born on October 4, 1975, in

Boston, Massachusetts, to Ernest Benoit and Marie Parfait. The defendant has never had a

relationship with his father. The defendant’s mother, age 68, resides in Boston,
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Massachusetts, where she is employed as nurse. She and the defendant share a positive

relationship.

The lack of a paternal influence in the life of the defendant is a key factor for

defendant’s struggles. This factor should be considered by the Court to understand the

struggles and mind set of the Defendant. The Defendant is a victim of circumstances.

DEFENDANT’S BROTHER JONES BENOIT (age 36), IS EMPLOYED BY THE
U.S. AIRFORCE AND THEY SHARE A POSITIVE RELATIONSHIP

The defendant has one brother, Jones BENOIT (age 36), who resides in Aurora,

Colorado. He is employed by the U.S. Air Force. Jones and the defendant share a positive

relationship.

The defendant described his childhood as normal and devoid of any physical, sexual,

or emotional abuse. The defendant and his brother were reared by their mother in a

middleclass environment. He reported his basic needs were met.

The defendant has never been married and he does not have any children. His support

system includes his mother, his brother, and Thomas Jackson.

The defendant has lived in Burbank, California, since 2018. The defendant lived in

Los Angeles, California, from 1997 to 2018. Prior to California, the defendant lived in

Boston, Massachusetts.

The defendant has been residing at 211 North Valley Street, Apartment 408, Burbank,

California, since 2018. His future plans include residing in the Central District of California
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and opening a trucking business.

The Defendant’s only brother is employed by the United States Airforce. The

Defendant is from a patriotic background. In this case, the Defendant is a victim of

circumstances.

EDUCATIONAL, VOCATIONAL AND SPECIAL SKILLS

The defendant graduated from Wakefield High School in Wakefield, Massachusetts, in

1993. According to the defendant, he excelled academically in high school and played

football. From 1993 to 1994, the defendant attended several business courses at Middlesex

Community College in Burlington, Massachusetts. According to the defendant, he was

disillusioned with college after his friends were unable to find jobs in their chosen

profession; therefore, he withdrew to obtain immediate employment.

MOTION FOR DOWNWARD DEPARTURE

A ground exist that would support a downward departure in this case. The ground recognized

as supporting a downward departure is the Defendant’s medical condition. Indeed, the United

States Court of Appeals for the Fifth Circuit recognizes that the Sentencing Guidelines do,

in fact, allow for departures where it is found that a defendant is "elderly and infirm" at the

time of sentencing. United States v. Fierro, 38 F.3d 761, 775 (5th Cir. 1995).

Several courts of appeals have granted downward departures based upon physical

infirmities. For example, in United States v. Greenwood, 928 F.2d 645, 646 (4th Cir.

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1991), the defendant was convicted of being a felon in possession of a firearm. The District

Court granted the defendant's motion for a downward departure based upon his severe

medical impairment that was caused by the loss of both of his legs below the knee and

sentenced the defendant to four years of probation without incarceration. Id. The District

Court noted that a sentence of incarceration would jeopardize the defendant's medical

treatment that he had been receiving through the Veterans Administration.

Similarly, in United States v. Long, 977 F.2d 1264, 1277-78 (8th Cir. 1992), the

defendant was convicted for laundering money obtained from drug sales after a jury trial.

The District Court granted the defendant's motion for a downward departure based upon

extraordinary physical circumstances and departed from the applicable guideline of 46 to 57

months to five years’ probation without incarceration. On appeal, the downward departure

was upheld.

Also, in United States v. Carey, 895 F.2d 318, 324 (7th Cir. 1990), the United

States Court of Appeals for the Seventh Circuit held that the District Court could depart

downward based upon a defendant's age (the defendant in Carey was sixty-two years old)

and poor physical condition where the defendant had several serious operations as a result

of a brain tumor. The Court of Appeals remanded the case with instructions for the District

Court to make particularized findings in support of the downward departure.

Moreover, recent cases from several district courts are particularly instructive given

their similarity to the instant case. In United States v. Baron, 1995 WL 784844 (D. Mass.

Oct. 2. 1995) the District Court for the District of Massachusetts downward departed from a
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sentence of 27-33 months to one-year probation conditioned upon six months home

confinement in the case of a seventy-six-year-old defendant with substantial medical

problems. Similar to the Defendant’s condition, Mr. Baron's medical condition involved

several conditions interrelating and potentially exacerbating each other.

In United States v. Moy, 1995 WL 311441 (N.D. Ill. May 18, 1995) the District

Court for the Northern District of Illinois downward departed in the case of a seventy-eight-

year-old defendant who suffered from coronary artery disease, a recent hernia repair, and a

history of depression. In making its departure, the Moy Court noted that a healthy seventy-

eight-year-old defendant has a life expectancy of only seven to eight years. Id. at *26. In

addition to Moy's physical condition, the Court also based its downward departure upon the

defendant's care of his wife who had serious health problems.

In another similar case, a District Court departed downward where a defendant was

required to undergo dialysis three times a week as a result of a kidney disease. United

States v. Dusenbery, 1993 WL 393323, 1 (6th Cir. October 5, 1993),

In the instant case, the Defendant is without question, infirm." The Defendant is

currently seen by a psychiatrist. Many courts have recognized that it would be

inappropriate to incarcerate an individual with precarious physical condition thereby

jeopardizing the treatment he is receiving from doctors familiar with his interrelated

medical conditions.

GASTRIC SLEEVE SURGERY WAS PERFORMED ON THE DEFENDANT

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U.S.S.G. § 5H1.4 provides that an extraordinary physical impairment may be a reason for

downward departure. 5H1.4 allows a downward departure any time a sentencing court is

presented with sufficient evidence of a serious physical impairment. See United States v.

Slater, 971 F.2d 626, 634-35 (10th Cir. 1992); United States v. Hilton, 946 F.2d 955,

958 (1st Cir. 1991).

In 2008, the Defendant underwent gastric sleeve surgery. The Defendant needs special

care to protect his health, especially as he has previously been subjected to gastric sleeve

surgery.

THE DEFENDANT WAS DIAGNOSED WITH HIGH BLOOD PRESSURE AND
BLOOD CLOT IN HIS LUNGS AND INTESTINES.
According to records from Cedars-Sinai Medical Center in Los Angeles, California,

in January 2020, the defendant was diagnosed with high blood pressure and blood clots in

his lungs and intestines. He is prescribed nadolol to manage his blood pressure, and warfarin

to manage his blood clots. His treatment plan also includes weekly blood testing.

MENTAL AND EMOTIONAL HEALTH
THE DEFENDANT WAS DIAGNOSED WITH MAJOR DEPRESSIVE DISORDER,
GENERALIZED ANXIETY AND PANIC DISORDER

The Defendant reported he suffered from depression in August 2016 and had a mental

health breakdown, which required a 2-day hospitalization at Aurora Las Encinas Hospital in

Pasadena, California. According to records, the defendant was admitted to the hospital after

his ex-girlfriend contacted law enforcement due to his depressive state. He was diagnosed

with major depressive disorder, generalized anxiety disorder, and panic disorder. The
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defendant was discharged with an outpatient therapy referral and prescribed Lexapro 5mg.

THE DEFENDANT IS UNDERGOING TREATMENT WITH DR. GREGORY
MCGOWEN, A PSYCHIATRIST IN BURBANK, CALIFORNIA

In September 2020, the Defendant began treatment with Dr. Gregory McGowen, a

psychiatrist, in Burbank, California. The defendant reported his sessions are going well.

According to the patient summary from Cedars Sinai Hospital in September 2020, the

defendant is diagnosed with adjustment insomnia and adjustment disorder with mixed

anxiety and depressed mood. He is prescribed mirtazapine, trazadone, and lamotrigine.

A DOWNWARD DEPARTURE IS WARRANTED

Separate from a variance under 18 U.S.C. § 3553(a), a sentencing court may depart

from the guidelines calculation where, like here, “a court finds an atypical case, one to which

a particular guideline linguistically applies but where conduct significantly differs from the

norm…” See U.S.S.G. Ch. 1, Pt. A § 4(b). As set forth above, Reality’s service to her

country, in combination with her youth, employment record, and lack of criminal history,

justifies a downward department. The conduct at issue here is a far cry from traditional

criminal minded individuals. The Defendant was merely a victim of circumstances and

persons that he was not sophisticated to understand. A downward departure from the

recommended sentence is thus warranted under pertinent guideline policy statements. See

U.S.S.G. §§ 5H1 (“Age (including youth) may be relevant in determining whether a

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departure is warranted...”); 5H1.3 (“Mental and emotional conditions may be relevant in

determining whether a departure is warranted...”); 5H1.11 (“Military service may be relevant

in determining whether a departure is warranted...”). The conduct at issue here is a far cry

from traditional espionage (the original intent behind the Espionage Act), and involved a

single disclosure, a single time, to a single news outlet.

Moreover, a fair and just analysis of the seven factors the Court is to consider prior to

imposing a sentence herein supports Defendant’s requested downward variance from the

advisory sentencing guideline range and recommended sentence.

One important policy consideration to take into account in Defendant’s case is the

Commission’s goal of "minimizing the likelihood that the Federal prison population will

exceed the capacity of the Federal prisons.” U.S. SENTENCING COMM’N,

AMENDMENT TO THE SENTENCING GUIDELINES, at 1 (July 18, 2014) (citing 28

U.S.C. § 994(g)). Of course, such policy must be balanced with the need for safety to the

public. Id. Since Defendant has no serious criminal record and poses no danger to the public,

this Court may, and should, grant Defendant’s request for downward variance from the

advisory sentencing guideline range and recommended sentence to maintain prison space for

more serious and dangerous offenders as suggested hereinabove.

The very nature of the nonviolent offense in which he was involved also supports the

request for a downward variance sentence. Statistically speaking, Defendant is absolutely

one of the least likely types of offenders to recidivate, and thus, any prison sentence is

unnecessary to deter future criminal behavior by Defendant. As such, the requested
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downward variance sentence is more than sufficient to protect the public from his potential

to commit future crimes and to otherwise satisfy the deterrence factor.

The hereinbefore described physical, mental, and emotional conditions of Defendant

are also quite relevant and very supportive of his request for a downward variance sentence.

THE DEFENDANT IS RESPONSIBLE AND HAS NO SUBSTANCE ABUSE
PROBLEM

The defendant reported no substance abuse history. The defendant has one conviction

for Driving Under the Influence (Alcohol) in 2017 and completed a three-month treatment

program. According to records from Cedars-Sinai Medical Center, the defendant was

diagnosed with alcohol use in September 2020 when he reported heavy drinking associated

with depression.

GOVERNING LAW

The sentence imposed on the defendant should be driven by the “overarching”

command of 18 U.S.C. § 3553(a), which instructs district courts to “‘impose a sentence

sufficient, but not greater than necessary,’ to accomplish the goals of sentencing.” As the

Court knows, the U.S. Sentencing Guidelines are merely advisory and, while they

generally provide the starting point for sentencing, a sentencing court may not presume

that a within-guidelines sentence is reasonable, or that only “extraordinary

circumstances… justify a sentence outside the Guidelines range.” In every sentencing,

the court “must make an individualized assessment based on the facts presented.” This

individualized assessment is undertaken pursuant to the long-standing principle that

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“the punishment should fit the offender and not merely the crime. As the Supreme Court

has explained, “[i]t has been uniform and constant in the federal judicial tradition for the

sentencing judge to consider every convicted person as an individual and every case as a

unique study in the human failings that sometimes mitigate and sometimes magnify the crime

and the punishment to ensue. the punishment to ensue. Indeed, it is the district court that is

uniquely situated to have greater familiarity with the individual defendant and individual case

than the U.S. Sentencing Commission.

Accordingly, after calculating the applicable guideline range, the sentencing court

should then consider all the factors set forth in 18 U.S.C. § 3553(a) to determine whether

the requested sentence is “sufficient, but not greater than necessary” to accomplish the

goals of sentencing or whether a variance is warranted.

TITLE 18 U.S.C. § 3553(a) ANALYSIS AND ARGUMENT

A Presentence Investigation Report (“PSR”) was ordered, prepared, and filed for record

herein. The United States Sentencing Commission (the “Commission”) sets forth the

following seven factors, all of which a court must consider prior to imposing a criminal

sentence:

(1) The nature and circumstances of the offense and the history and characteristics of the

Defendant.

(2) The need for the sentence imposed to reflect the four primary purposes of sentencing,

i.e., retribution, deterrence, incapacitation, and rehabilitation.

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(3) The kinds of sentences available (e.g., whether probation is prohibited or whether a

mandatory minimum term of imprisonment is required by statute).

(4) The sentencing range established through application of the sentencing guidelines and

the types of sentences available under the guidelines.

(5) Any relevant policy statements promulgated by the Commission.

(6) The need to avoid unwarranted sentencing disparities among defendants with similar

records who have been found guilty of similar conduct; and

(7) The need to provide restitution to any victims of the offense. U.S. FED. SENT.

COMM’N, FED. SENTENCING: THE BASICS, at 2, 12 (Aug. 2015) (citing 18

U.S.C. §3553(a)). Analysis of these seven factors supports the sentence requested by

Defendant hereinbelow.

This sentencing memorandum addresses the equitable 18 U.S.C. §3553(a)).

factors. These factors require a sentencing court in federal criminal cases to evaluate the

defendant’s history and characteristics, among other wholistic factors. These factors ensure

that federal sentencing addresses the individual, not just the crime for which they are

convicted. Sentencing under these provisions should accomplish the goals of sentencing,

including punishment, rehabilitation, and deterrence to both the defendant and members of

the public at large with the goal of promoting respect for the law. To accomplish this

individualized assessment, effective defense presentation of the defendant’s background and

history is required.

THE DEFENDANT HAS PROVIDED LETTERS OF SUPPORT FROM FAMILY
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MEMBERS, FRIENDS AND OTHER MEMBERS OF THE COMMUNITY TO
DEMONSTRATE HIS MORAL CHARACTER AND REPUTATION

Letters of support from family members, friends, and other members of the community

are required to demonstrate the defendant’s moral character and reputation. To supplement

the defense’s sentencing memorandum, letters are usually addressed to the judge in support

of a lenient sentence. These letters are typically submitted to the defense lawyer who will

submit include them in the memorandum. In this case, the Defendant BERN BENOIT

a/k/a BURN BENOIT has provided the following Character letters

“I want to start off by saying, I thank you for your time to take a minute to read this

letter. My name is JAMES NOLAN SMITH SR. I started my car business in NORTH

HOLLYWOOD, CA called EXTREME WHEELS AND TIRES. THE CAR GUY, in October of

2005. I met BERN's in 2006 as he was referred from another client. From our 1st encounter

of me working on his car, I knew that this was a person that I could see myself being good

friends with. He conducted himself with professionalism and class. At the time BERN 'S

already had an established limousine and car service company here in L.A. so shortly after,

we started sending each other clients. I Would send him my clients that needed a car service,

and he would send me clients that needed Autobody work or car customization work which

included me working on his fleet of cars also. To this day I'm his CAR GUY like I am for so

many of my clients here in the LOS ANGELES AREA. My good friend BERN BENOIT has

always been a man of class and integrity. I've always been able to count on Bern’s since we

started our friendship 15 years ago. He's been to countless Birthday parties for my kids and

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several other close events that I've had for family and close friends. YOUR HONOR, BERN

BENOIT is not a criminal by any means and from me knowing his background he comes from

good soil. I can say this without batting an eye, Bern Benoit is not a criminal by any means.

I do understand YOUR HONOR that he made a mistake as we all have made our fair share

of mistakes in life. I would appreciate you taking BERN BENOIT'S character and background

into account prior to sentencing YOUR HONOR. Thank you again YOUR HONOR for your

time and consideration,” See a copy of the Character Attestation Letter of JAMES

NOLAN SMITH SR hereby attached

Reproduced below is a Character Attestation from LaWanda Jackson

“I am a published author of the book Breakthrough to Vision's Destiny, which can be

found on Amazon.com. I have an online product store, Encourages Queen Enterprises

(http://bit.ly/EncourageQueen I can also be seen on my YouTube channel Encourage Queen.

I have known Bern Benoit for more than 19 years. I first met him as a work associate of my

husband Thomas. Over the years they have remained friends. Bern is very kind and

respectful. I have had many interactions with him over the years. He is a real cool guy. He

has even supported a couple of our Church's fundraisers for the boys mentoring program,

Sword Warriors. Since I have known Bern, have known him to make regular travels to visit

his mother. When he goes to visit, he always takes fresh baked goods to her that I bake. Over

the last few years, Bern has had an intense desire to get closer to the Lord. Just recently he

was even baptized. Overall, Bern is an upstanding individual.” See a copy of the Character

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Attestation Letter of LaWanda Jackson hereby attached

Reproduced below is a Character Attestation from Mario Prendergast

“My name is Mario Prendergast. I have known Bern Benoit professionally for over 10

years. I met Mr. Benoit while working executive protection for various clients in Los Angeles.

While working Mr. Benoit presented himself as a professional, respectful, trustworthy, and

hardworking person. I was new to California during the time we worked, and Mr. Benoit and

I became friends. Throughout the years he has never displayed a negative trait. I have known

Mr. Benoit to be a church going individual who avoids trouble. Based on my interactions and

knowledge of Mr. Benoit and his lifestyle, he has only displayed a good character.” See a

copy of the Character Attestation Letter of Mario Prendergast hereby attached

Reproduced below is a Character Attestation from Mark Stennett

“I have known and shared a friendship with Bern for over 15 years. We met during a

highlight of my life when we both worked as chauffeurs for celebrities such as Justin

Timberlake. We then continued to build a friendship while working as drivers for many A-

list celebrities. I admired his ability to use the resources around him to develop and open his

own limousine company. Today, I continue to know Bern as a family man, a man with

integrity, a man with a good heart, a believer in God, and a hard-working entrepreneur.”

see a copy of the Character Attestation Letter of Mark Stennett hereby attached

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Reproduced below is a Character Attestation from Rebecca Khammar

“I am writing this letter to you to provide a character reference for Bern Benoit, who

I have known since 2005. I am currently a General Manger at the Bay Club Company which

I've worked for 8 years and worked in the fitness industry for over 15 years which is how I

met Bern in one of my gyms I was working at. Over the last 16 years I have witnessed Bern

overcome trials and tribulations, support his family who depends on him a great deal and

give from his heart to his friends and loved ones. Bern and I share a Goddaughter and it has

been my honor to witness his faith in action over the years. He has endured more than anyone

should have to since he was a child, yet he is always full of hope and faith. It is his faith that

makes it difficult for him to do anything bad without feeling intense remorse. Overwhelming

remorse and sadness are what he's feeling right now. I know that he would do anything to

make amends without having to be taken away from his family. The idea of not being able to

support and help his mother is what is affecting him the most. I know that he has learned his

lesson. This transgression has shaken him to the core. Given the opportunity, he would make

better decisions. It is my sincere hope that the court gives Bern leniency and a chance to

rectify his mistakes without having to sacrifice precious time with his mother, niece, and

nephew. I would be happy to speak to the court and elaborate on why I feel that Bern Benoit,

a man of faith, amazing son, brother, uncle, Godfather, friend and a pillar of the community,

deserves a second chance at living an upstanding life with his family. Thank you for your

time”. See a copy of the Character Attestation Letter of Rebecca Khammar hereby

attached

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Reproduced below is a Character Attestation from Ronnie L. Breaux, Jr

“My name is Ronnie L. Breaux, Jr, I am a professional musician from Los Angeles

California. I have been in the music business for over 20 years writing and playing music. I

started playing drums at the age of 5; I was born and raised in church. 'I have had the

opportunity to travel the world playing with various world-renowned artists such as Robin

Thicke, Backstreet Boys and Jennifer Lopez to name a few. Often there are down times in my

industry, and I am able to work other jobs, like transportation assignments. It is on one of

those transportation assignments 5 years ago I met Bern. I was new to the field, and he took

me under his wing and made sure that I understand everything about that job to the best of

my ability. For that I am extremely grateful. Failure was not an option on Bern's watch. From

that point on Bern and I have become great friends, more like family! Bern is one of the most

dependable people I know, his loyalty is second to none and I am truly blessed to consider

him a friend. There's nothing that Bern wouldn't do for people, he gets extreme joy when the

people around him succeed. He will push you to the finish line by any means necessary, that

is his character, that's who he is. I strongly stand behind this statement of character for Bern

Benoit. Please feel free to contact me if there are any additional questions.” See a copy of

the Character Attestation Letter of Ronnie L. Breaux, Jr hereby attached

Reproduced below is a Character Attestation from Maurine Lopes

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“My name is Maurine Lopes. I have been a paralegal for over 20 years. For the last

couple of years have been the sole caretaker for my 82-year-old mother. I have personally

known Bern Benoit for over 10 years. I met Bern through a mutual friend, and we quickly

became close friend

Bern came to California with nothing to start a business and make it on his own, and

I have watched him build that business and successfully run it on his own. This is all because

he is an extremely hard worker and will do whatever it takes to succeed. That carries over

into his personal relationships as well. He is an extremely generous person when it comes to

his friends and treats them like they are his family. I recently have had to deal with some

health and family issues, and he has been there to help any way he could. It is m sincere hope

that the court will take all of this into consideration when making its decision, and I would

be happy to speak to all of these examples if called upon to do so. See a copy of the

Character Attestation Letter of Maurine Lopes hereby attached

Reproduced below is a Character Attestation from David Howard

“I first met Bern 20yrs ago in my Business as I serviced him with a Haircut. Over the

ears we've built a friendship as we helped other business owners build their brands to help

them attract more clients by cross-marketing each other's services. I'm an Ordained Minister,

Spiritual Leader, a d Barber/Salon Owner for 30 years serving my immediate community.

One of the main reasons I've associated myself with Bern, was his impeccable Integrity I

gravitated towards. He is a Man of his word, always do ng what he'd says he'll do. I Have

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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 21 of 27

witnessed Bern Build a Single Car Transportation Company to a Multi-Car Fleet

Transportation Company, while employing Individuals and showing them that they could

duplicate him by starting their own Transportation Company as well. If I could make a

request; I would Ask, That Bern Is allowed to Continue His Vision of Building a d Instilling

Belief in Individuals, that with positive Intentions, they can achieve great things in Life to

BERNefit Society.” See a copy of the Character Attestation Letter of David Howard

hereby attached

Reproduced below is a Character Attestation from Devon Fairley

“I met Ber Benoit at least 16 years ago thru my friend Thomas. Over the years we l e

been in contact and have worked together providing quality driving services to many clients.

He has been a standup guy, and I appreciate that he doesn't say things that he cannot do.

I’ve known him to be a man of his word. In being a chauffeur, it takes a certain mentality and

personality to do the job at a hi h level, and he has done it successfully. We’ve discussed how

other companies and drivers do the minimum effort, and in turn how we strive to provide

upgraded and high-level service points.

Bern used to be a physically heavier man. But one day I saw him, and you could tell he was

slimming down. He told me about his commitment to be eating better, working out on a

regular basis, and continuing his journey. That was ears ago, and to this day he hasn't seemed

to waiver in his decision. I’m proud to see that he achieves what he sets his mind to. It is

good to see someone that not only talks the talk, but he walks out what he says. Although we

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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 22 of 27

haven't hung out as friends socially, I am glad that we met, and were able to work together.

He has been understanding and responsive when I needed him to be. He has addressed any

issues that occurred during work in a timely manner. It has been a good experience, and I

have grown better in providing service because of him. See a copy of the Character

Attestation Letter of Devon Fairley hereby attached

Reproduced below is a Character Attestation from Tracey Graham

I'm writing regarding Bern Benoit, who is appearing before your court. Bern asked

me to write a character reference letter, but the truth is I was already planning on doing so

before the request. I feel strongly about Mr. Benoit, and about his future, and I want to try to

make you feel the same way. Mr. Benoit is a person of good moral character. I realize that

might seem hard to believe, given the circumstances, but it's true, nonetheless. I have known

Mr. Benoit for eighteen years, and in that time, I have seen him go through ups and downs,

but all that time I have been convinced that he is a good pe son at the core. Mr. Benoit has

made mistakes, and he is incredibly remorseful, and is willing to do whatever it takes to make

reparations, financially and emotionally if possible. But to that, he needs you to give him an

opportunity to get a second chance. I just hope you will recognize the power you wield

regarding the future of this man and make a fair decision.

Thank you” See a copy of the Character Attestation Letter of Tracey Graham hereby

attached

This defendant’s sentencing memorandum tries to explain who he is and his conduct

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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 23 of 27

and is asking for leniency. This sentencing memorandum is a walk on a fine line between

accepting responsibility and seeking leniency on the one hand and pushing back against

unfair characterizations of the defendant’s conduct and potentially overly aggressive requests

by the government for excessive punishment on the other hand.

CONCLUSION

When considering the totality of the § 3553(a) factors together with Defendant’s

substantial cooperation and assistance with federal government authorities, it is indisputable

that Defendant’s request for a downward variance from the advisory sentencing guideline

range and recommended sentence is clearly within this Court’s authority and discretion.

Moreover, such a downward variance sentence is just and reasonable, fair, and appropriate,

based upon such considerations that include the nature and circumstances of Defendant’s

offense, coupled with his overall history and specific personal characteristics.

As this Court is keenly aware, its sentencing obligation since the decisions in United

States vs. Booker, 125 S. Ct. 738 (2005) and Gall vs. United States, 552 U.S. 38 (2007), and

their progeny is to impose “a sentence sufficient, but not greater than necessary” to comply

with all the factors set forth in § 3553(a). And a fair and full analysis of the § 3553(a) factors

absolutely confer upon the Court the authority to exercise great latitude and sound discretion

to vary downward from the imprisonment recommended by the advisory guideline range.

This is particularly true where, such as in the instant case, the recommended guideline

sentence of Defendant is clearly excessive, inappropriate and fails to consider the § 3553(a)
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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 24 of 27

factors and Defendant’s cooperation with and assistance to government authorities. Having

accepted responsibility and assumed accountability for his criminal conduct herein,

Defendant is respectfully requesting the Court to exercise its great and sound latitude in this

case by imposing a sentence that includes the combination of conditions that will, indeed, be

reflective of a reasonable and just sentence in this case. Such a sentence will certainly provide

just punishment for the crime committed by Defendant, but will also give due consideration

to Defendant’s lack of any criminal history, Defendant’s serious physical and emotional and

mental health problems with which he suffers, and Defendant’s substantial assistance to and

cooperation with government authorities. Moreover, such a sentence will protect the public

by serving as a deterrent to others for criminal conduct of this nature, while affording

Defendant with the opportunity to receive necessary medical care for his physical and

emotional and mental health problems and continue a redemptive path of being a productive,

law-abiding citizen.

Dated this 1ST day of September, 2021.

Respectfully submitted,

s/ Anthony O. Egbase
ANTHONY O. EGBASE
California Bar No. 181721
Attorney for Defendant Bern Benoit

A.O.E LAW & ASSOCIATES, INC
350 S. Figueroa Street
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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 25 of 27

Suite 189
Los Angeles, California 90071
(213) 620-7070 (Telephone)
(213) 620-1200 (Facsimile)
info@aoelaw.om
C:\AOE\Client\B\Benoit\MotionForAdditionalTime

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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 26 of 27

CERTIFICATE OF COMPLIANCE

This is to certify that to the best of my knowledge this document has been prepared

with one of the font and point selections approved by the Court in LR 5.1B, pursuant to LR

7. Specifically, the above-mentioned document has been prepared using Times New

Roman font, 14 point.

Dated this 1ST day of September, 2021.

s/ Anthony O. Egbase
ANTHONY O. EGBASE
California Bar No. 181721
Attorney for Defendant Bern Benoit

A.O.E LAW & ASSOCIATES, INC
350 S. Figueroa Street
Suite 189
Los Angeles, California 90071
(213) 620-7070 (Telephone)
(213) 620-1200 (Facsimile)
info@aoelaw.om
C:\AOE\Client\B\Benoit\MotionForAdditionalTime

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Case 1:20-cr-00296-JPB-CMS Document 378 Filed 09/01/21 Page 27 of 27

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) CASE NO.: 1:20-CR-00296-JPB-AJB
)
BERN BENOIT, )
)
Defendant. )
)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the above date, I electronically filed this document

using the CM/ECF system which will automatically send email notification of such filing

to all attorneys of record.

Respectfully submitted,

s/ Anthony O. Egbase
ANTHONY O. EGBASE
California Bar No. 181721
Attorney for Defendant Bern Benoit

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