Motion for Downward Variance and Sentencing Memorandum — United States v. Ernest Bernard Gonder, Jr. (S.D. Fla.)

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IN THE UNITED STATES DISTRICT COURT  
SOUTHERN DISTRICT OF FLORIDA 
CASE NO. 24-CR-60003-Williams/Hunt 
 
UNITED STATES OF AMERICA 
 
v.  
 
ERNEST BERNARD GONDER JR., 
 
 
 
 
Defendant.  
__________________________________ /  
 
MOTION FOR DOWNWARD VARIANCE AND SENTENCING MEMORANDUM 
Mr. Gonder is to be sentenced following his plea of guilty to two counts of wire fraud in 
violation of 18 U.S.C. 1343. We respectfully request, the Court sentence Mr. Gonder to a term of 
probation for two years. In the PSR, The U.S. Probation Office finds that Mr. Gonder’s 
sentencing range 10-16 months (see paragraph 94 PSR). We respectfully submit that a sentence 
below Mr. Gonder’s advisory sentencing range would be sufficient but not greater than necessary 
to accomplish all the purposes of sentencing in light of Mr. Gonder’s personal history and 
characteristics, including the fact that Mr. Gonder has no criminal history and is the “glue” that 
holds his extended family together.  
PERSONAL BACKGROUND 
Mr. Gonder’s personal and family data is set forth on pages 11 through 14 of the PSR 
(see paragraphs 44-52 PSR). Suffice it to say that Mr. Gonder’s background has demonstrated 
that he is a family man who not only support his wife and four children but also the two children 
of his deceased sister.  
 
 
 

THE OFFENSE 
Mr. Gonder pled guilty to the two counts described above. The facts surrounding this 
misconduct are set forth in paragraphs 12 through 23 of the PSR. It is evident that this criminal 
conduct was aberrational.  
  
THE PRE-SENTENCE REPORT (PSR) 
The US Probation Office found that Mr. Gonder’s Guidelines imprisonment range was 
10-16 months, based upon a total offense level of 12 and a criminal History Category of I (see 
paragraph 94 PSR). For reasons that will be explained at sentencing and in this Motion the 
Defendant’s guideline range is overstated.  
LETTERS 
The defense will submit letter(s) received from Mr. Gonder’s family members, which we 
ask the Court to review in order to gain a more complete understanding of Mr. Gonder’s history 
and characteristics. 
SENTENCING UNDER SECTION 3553 
The Court is required to impose a sentence that is "sufficient but not greater than 
necessary" to achieve, the purposes of sentencing set forth in Title 18, USC§ 3553 (a) (2). 
Thus, a Sentencing Court is to impose the shortest sentence that achieves the purposes of 
sentencing. 
In determining a sentence, the Court shall consider the factors set forth in section 3553 
(a) including:  
1. The nature and circumstances of the offense and the history and characteristics 
of the defendant. 
2. The need for the sentence imposed: 

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 a n d  vocational 
training, medical care, or other correctional treatment in the most 
effective manner. 
We respectfully   submit that a sentence of two years’ probation and a $5,000 
fine will accomplish all of these above factors, based upon Mr. Gonder’s personal history 
and characteristics, including the facts of this case.  
THE NATURE AND THE CIRCUMSTANCES OF THE OFFENSE 
We do not mean to minimize the seriousness of the offenses to which Mr. Gonder pled 
guilty. However, a term of incarceration in this case is too severe in view of the facts of this case 
and also in view of Mr. Gonder’s devotion to his family and in view of his good deeds in the 
community.   
THE HISTORY AND CHARACTERISTICS OF THE DEFENDANT 
Mr. Gonder’s offender characteristics are set forth in paragraphs 45 through 74 of the 
PSR. 
 
 
 
 

THE NEED FOR  THE  SENTENCE    IMPOSED   TO  REFLECT    THE  
SERIOUSNESS    OF THE  OFFENSE,   TO  PROMOTE    RESPECT    FOR  THE  
LAW,  TO  PROVIDE   JUST PUNISHMENT     FOR  THE  OFFENSE,   TO  AFFORD   
ADAOUATE   DEFERENCE     TO CRIMINAL    CONDUCT   AND TO  PROTECT    
THE  PUBLIC   FROM   FURTHER    CRIMES OF  THE  DEFENDANT 
 
A sentence of a two year probation and a $5,000.00 fine would be sufficient but not 
greater than necessary to punish the defendant based upon the facts of this case.1  
CONCLUSION 
For the foregoing reasons we respectfully   submit that a downward variance, as 
requested would result in a sentence that is "sufficient but not greater than necessary" to 
accomplish the statutory purpose of sentencing. 
Dated: April 29, 2024.  
 
Respectfully submitted, 
 
Michael B. Cohen 
Michael B. Cohen, Esq. 
Florida Bar No:  210196 
6400 North Andrews Ave., Ste 505 
Fort Lauderdale, Florida 33309 
Ph (954) 928-0059 
 
 
 
 
 
 
   Email: micheal@mcohenlaw.com  
   Email: eservice@mcohenlaw.com  
 
 
 
1 The U.S. Probation officer in this case has made this recommendation to the Court. We agree 
with this recommendation in view of the Defendant’s stellar family community and personal 
history as set forth in the PSR.

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