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Home Court filings U.S. v. Gregory Keough Objections to Presentence Investigation Report — United States v. Gregory Scott Keough

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Objections to Presentence Investigation Report — United States v. Gregory Scott Keough

No. 9:23-cr-80154-DMM · Doc. 51 · Docket on CourtListener

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Case 9:23-cr-80154-DMM Document 51 Entered on FLSD Docket 01/25/2024 Page 1 of 3




                                UNITED STATES DISTRICT COURT
                                SOUTHERN DISTRICT OF FLORIDA

                                        CASE NO.: 23CR80154

  UNITED STATES OF AMERICA,

         Plaintiff,

  vs.

  GREGORY SCOTT KEOUGH,

        Defendant.
  ______________________________/

                OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT

         COMES NOW the Defendant,                    GREGORY SCOTT KEOUGH, (hereinafter

  “KEOUGH”), by and through undersigned counsel, David J. Joffe and Patrick R. McKamey,

  pursuant to the Local Rules for the Southern District of Florida and the Federal Rules of Criminal

  Procedure, and would hereby file these KEOUGH’S Objections to Presentence Investigation

  Report, in which it is requested that this District Court impose a sentence “sufficient, but not greater

  than necessary” in order to achieve individual accountability and just punishment. See generally,

  United States v. Irey, 612 F.3d 1160 (11th Cir. 2010). The objections are a result of detailed

  discussions with KEOUGH and as such, KEOUGH has provided relevant input into said objection.

  As a threshold matter, KEOUGH continues to fully and completely accept responsibility for his

  offense conduct. KEOUGH’S objections are as follows:

         1.      Undersigned counsel would object to paragraph 34 at page 11, of the Presentence

  Investigation Report; more particularly, KEOUGH would argue that said paragraph should be

  stricken as it deals with It deals with the NFH bankruptcy and has no relevancy to the charges that

  KEOUGH pled to.



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Case 9:23-cr-80154-DMM Document 51 Entered on FLSD Docket 01/25/2024 Page 2 of 3




         2.       Undersigned counsel would object to paragraph 55 at page 15, of the Presentence

  Investigation Report; more particularly, KEOUGH would argue that he has provided a statement

  for acceptance of responsibility.

         3.       Undersigned counsel would object to paragraph 65 at page 16, of the Presentence

  Investigation Report; more particularly KEOUGH argues that KEOUGH is entitled to a three level

  reduction for acceptance of responsibility pursuant to U.S.S.G. §3E1.1.

         4.       Undersigned counsel would object to paragraph 66 at page 16, of the Presentence

  Investigation Report; more particularly KEOUGH argues that KEOUGH’S Total Offense Level

  should be 19.

         5.       Undersigned counsel would object to paragraph 109 at page 25, of the Presentence

  Investigation Report; more particularly KEOUGH argues that KEOUGH’S total offense level

  should be 19 and that his guideline imprisonment range is 30 to 37 months.

         6.       Undersigned counsel would object to paragraph 115 at page 26, of the Presentence

  Investigation Report; more particularly KEOUGH argues that KEOUGH does not have the ability

  to pay a fine. (PSI:107).

         7.       Undersigned counsel would object to paragraph 117 at page 26, of the Presentence

  Investigation Report; more particularly KEOUGH argues that KEOUGH does not have the ability

  to pay a fine. (PSI:107).

         8.       Undersigned counsel would object to paragraph 121, at page 26, of the Presentence

  Investigation Report; more particularly, KEOUGH does have factors that may warrant a variance

  or downward departure.




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Case 9:23-cr-80154-DMM Document 51 Entered on FLSD Docket 01/25/2024 Page 3 of 3




                                          CONCLUSION

         The Presentence Investigation Report’s advisory guideline range of 41 to 51 months of

  imprisonment is both inequitable and unreasonable given the facts in the case sub judice. Taking

  into account KEOUGH’S objections. Furthermore, the Court should also consider KEOUGH’S

  arguments that support his request for a variance before making a final decision as to KEOUGH’S

  sentence.     This embodies the sum and substance of undersigned counsel’s Objections to

  Presentence Investigation Report.

                                 CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that on January 25, 2024, I electronically filed the foregoing

  document with the Clerk of the Court.

                                              Respectfully submitted,
                                              JOFFE LAW, P.A.
                                              Co-Counsel for KEOUGH
                                              110 E. 6th Street 17th Floor
                                              Suite 1700
                                              Fort Lauderdale, Florida 33301
                                              Telephone:      (954) 723-0007
                                              Facsimile:      (954) 723-0033
                                              davidjjoffe@aol.com

                                              By         David J. Joffe
                                                       DAVID J. JOFFE, ESQUIRE
                                                       FLORIDA BAR NO. 0814164

                                              Respectfully submitted,
                                              Law Office of Patrick R. McKamey
                                              Co-Attorney for KEOUGH
                                              515 North Flagler Drive, Suite P300
                                              West Palm Beach, Florida
                                              (561) 370-7424
                                              patrick@mckameydefenselaw.com

                                                       Patrick  R. McKamey
                                              By_________________________________
                                                        PATRICK R. MCKAMEY, ESQUIRE
                                                        FLORIDA BAR NO. 103624



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