Request for an Alternative Sentence/Variance — U.S. v. LaRoche

Record facts

U.S. District Court, Middle District of Florida (Fort Myers Division) · No. 2:23-cr-00013-TPB-NPM · Doc. 34 · 2023-05-04 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA  
 
CASE NO.: 2:23-CR-00013-TPB-NPM 
 
UNITED STATES OF AMERICA 
 
 
Plaintiff, 
vs. 
 
 
 
 
 
 
 
 
 
 
AL CLINT LAROCHE,  
Defendant. 
                                     / 
 
REQUEST FOR AN ALTERNATIVE SENTENCE/VARIANCE 
 
The Defendant, AL CLINT LAROCHE, by and through his undersigned 
counsel, and pursuant to U.S.S.G. § 6A1.2-3, p.s., Fed. R. Crim. P. 32 (d), (e)(2) 
and (f), and the Fifth and Sixth Amendments to the United States Constitution, 
respectfully files his Request for an Alternative Sentence/Variance, and as grounds 
thereof, states as follows:  
I. INTRODUCTION: 
Al Clint Laroche has pled guilty to two counts of Bank Fraud, 18 USC § 
1344 and 2, and sentencing is pending.  His acceptance of responsibility, 
cooperation, and profound remorse in this case were immediate.  Mr. Laroche 
waived prosecution by Indictment and consented to an Information rather than an 
Indictment.  He has signed both a written Plea Agreement and Factual Proffer.  
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Mr. Laroche is 43 years old, and currently lives in West Palm Beach with his 
wife and three children.  His criminal history point total is zero which then gives 
him a criminal History Category of 1.  
Pursuant to U.S. v. Booker, 543 U.S. 220 (2005), the federal sentencing 
process has adopted a three step approach.  (See Fed. R. Crim. P. 11(M), amended 
December 1, 2007, U.S. v. Pugh, 515 F. 3d 1179 (11th Cir. 2008) and Amendment 
741 of the Sentencing Guidelines, effective November 1, 2010.  There are 
currently disputed guideline issues that must be determined by the Court which 
will have a substantial effect on Mr. Laroche’s final base offense level. Mr. 
Laroche’s current base offense level is 23.  However, if the Court agrees with the 
pending objections to the PSI, the new base offence level could be 16.    
Second, the Court is to consider if there are any factors that may warrant and 
departure from the advisory guideline range. The Government has not filed a 
substantial assistance motion on behalf of Al Clint Laroche.  However, the 
Defendant would like the Court to take into account the fact that the Defendant did 
willing agree to cooperate with the Government and was actually debriefed during 
the pendency of this case.  The Defendant immediately provided truthful 
information to the Government. 
Lastly, the Court should consider all of the sentencing factors of 18 USC § 
3553(a) and impose a sentence which is reasonable and not greater than necessary 
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to achieve the sentencing objective set forth in 18 USC § 3553(a).  This is 
consistent with the written Plea Agreement, “ if the Government files a motion for 
sentence reduction pursuant to § 5K.1.1, or pursuant to Fed. R. Crim. P. 35, then 
each party can ask the Court to impose any reasonable sentence, based upon the 
factors contained in 18 USC § 3553(a).”  The Defendant is aware that the 
Government did not file a 5K1.1 letter in this case, but the Defendant submits there 
are factors worthy of this Court’s consideration. 
II. SENTENCING SUBMISSION AND  
REQUEST FOR ALTERNATIVE SENTENCE: 
  
Al Clint Laroche has pleaded guilty to two counts of Bank Fraud, in 
violation of 18 USC § 1344 and 2.  The total offense level is currently 23, the 
advisory guideline range is 46 to 57 months. The Government will recommend a 
low-end sentence.  
Nature and Circumstances of Offense:  
1. 
Factual Proffer: Both the written Plea Agreement and Factual Proffer 
in this case were signed by the parties on January 30, 2023.  Al Clint Laroche has 
filed objections to the PSI that have not been ruled on by the Court. 
2. 
Speedy Resolution of Criminal Liability: Al Clint Laroche’s 
acceptance of responsibility for his involvement in this case, his cooperation with 
the Government, and his profound remorse were all immediate. He has signed both 
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a written Plea Agreement and Factual Proffer and has pled guilty.  Mr. Laroche has 
done all he can to quickly resolve his criminal liability in this case.  
History and Characteristics of Defendant:  
1. 
Mr. Laroche’s Personal and Family History: Mr. Laroche is a 43-
year-old who has lived with his wife and children in Florida since 2012.  Mr. 
Laroche’s 14-year-old daughter suffers from Tourette’s Syndrome and ADHD. His 
10-year-old son was born with only one kidney. Mr. Laroche provides the main 
support for his family and is also responsible for the maintaining of Health 
Insurance, and for the care of his children.  All three children live at home and are 
both financially and emotionally dependent on their Father. 
Mr. Laroche has been on and off self-employed as a music engineer 
executive.  He produced albums, ran artist’s social media accounts, and has been 
involved in artist development.  Mr. Laroche’s life ambition has been to be 
involved in the music business, and it was this desire to succeed in this line of 
work which led to his involvement in this case.  Mr. Laroche initially approached 
Daniel Tisone because he wanted his credit repaired so he could attempt to get 
loans to make improvements at his music studio. After he was recruited by Mr. 
Tisone to participate in this bank fraud scheme, Mr. Laroche used a large sum of 
this PIP money to make improvements to his music studio, which he has since had 
to surrender back to the landlord.  
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Mr. Laroche has stated that he is addicted to marijuana and uses it to manage 
the pain he suffers from because of knee surgery, diverticulitis, vertigo, and a 
severed left thumb. This Court can take into consideration when determining a fair 
and just sentence in this case, the Defendant’s physical health. The Sentencing 
guidelines, 5H1.4, allow the Court to take into consideration the Defendant’s 
physical condition in determining if a downward departure is warranted.  
2. 
Al Clint Laroche’s Extraordinary Family Ties and 
Responsibilities: Al is the main source of income for the family. He is the only 
parent currently working in the family, while his wife takes care of the home 
schooling and medical needs for two of the three children. His absence would 
cause great harm to the family if he were absent any length of time. 
Effective October 27, 2003, the Sentencing Commission amended § 5H1.6 
to limit the availability of departures for family ties and responsibilities. The new 
application note, §  5H1.6, comment. (n.1(A)(i)-(iii), instructs the court to consider 
the seriousness of the offense, the defendant’s involvement in that offense, and the 
members of the defendant’s family. Further, comment. (n.1(B)(i)-(iv) requires the 
court to consider if “the defendant’s service of a sentence within the guideline 
range will cause a substantial loss of essential care-taking or essential financial 
support to his family,” that “the loss of care-taking or financial support exceeds the 
harm ordinarily incident to incarceration for a similarly situated defendant,” that 
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“the loss of care-taking or financial support is one in which no effective remedial 
or ameliorative programs reasonably are available,” and that “the departure will 
effectively address the loss of care-taking or financial support. Notwithstanding 
this pre-Booker amendment, Mr. Laroche requests that this Court consider his 
family ties and responsibilities as a § 3553 sentencing factor, again consistent with 
the terms of the written Plea Agreement. 
Courts have addressed the issue of incarcerating parents of very young 
children and much has been written on the subject. 
 “Children with fathers who have been incarcerated are significantly 
more likely than other children to be expelled or suspended from 
school (23% compared to 4%).  Pew Charitable Trusts Report 
“Collateral Costs: Incarceration’s Effect on Economic Mobility”  
(2010) at page 5.  “Incarceration also creates economic aftershocks for 
these children and their families disrupted, destabilized, and deprived 
of a wage-earner, families with an incarcerated parent are likely to 
experience a decline in household income as well as an increase likely 
of poverty. The struggle to maintain ties with a family member 
confined in an often-distant prison creates additional financial 
hardship for already fragile families left behind.” Id. At page 18. 
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 “Parental incarceration contributes to higher rates of delinquency, 
mental illness, and drug abuse, and reduces level of school success 
and later employment among children.” Unlocking America, Why and 
How to Reduce America's Prison Population (JFA Institute, 
November 2007) at page 32.  
Courts have responded. 
 U.S. v. Hammond, 37 F. Supp. 2d 204 (E.D.N.Y. 1999), “a sentence 
without a downward departure would contribute to the needless 
suffering of young, innocent children.” 
 U.S. v. DeRoover, 36 F. Supp. 2d 531, 532-33 (E.D.N.Y. 1999), “the 
unique dependence of children on a defendant is a basis for a 
downward departure.” 
 U.S. v. Chambers, 885 F. Supp. 12, 14 (D.D.C. 1995), “causing 
needless suffering of young innocent children does not promote the 
ends of justice.” 
 U.S. v. Johnson, 964 F. 2d 124, 128-130 (2d Cir. 1992), “we are 
reluctant to wreak extraordinary destruction on dependents who rely 
solely on the defendant for their upbringing.” 
As stated above, Mr. Laroche has three minor children who need the 
support, both financially and emotionally of his Father.  Based on his extraordinary 
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family responsibilities this Court should fashion a sentence consistent with the 
agreement between the parties.   
Latest Sentencing Statistics:  
 
The United States Sentencing Commission’s “Sourcebook” of Federal 
Sentencing Statistics for fiscal year 2017 provides statistics for 66,873 cases 
sentenced that year.  Specifically, as to 2,282 cases sentenced in the Southern 
District of Florida last year, 42.9% received sentences below the advisory 
guideline range: 8.7% because of substantial assistance motions and 29.7% almost 
four times the number of Government sponsored motions, because of the 
sentencing factors of 18 USC § 3553. Nationally, the nature and circumstances of 
the offense and/or history and characteristics of the defendant were cited as reasons 
for downward variance in 6,930 cases. Indeed, district courts continue to exercise 
discretion, post-Booker, and impose sentences below advisory guideline range. 
 
In the case at bar, Mr. Laroche is requesting that this Court grant a variance 
and sentence the Defendant to either a short term of incarceration or a term of 
probation with the added condition of a term of Home Detention. 
Conclusion: 
 
Based upon the facts and factors set forth in this filing, Al Clint Laroche 
respectfully requests this Court to impose a sentence below the advisory guideline 
range, consistent with the agreement of the parties. 
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Mr. Laroche and counsel thank this Court for considering our Request for an 
Alternative Sentence. Counsel will have further remarks at the time of sentencing. 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
GLENN H. MITCHELL, ESQ. 
 
 
 
 
 
The Barristers Building  
 
 
 
 
 
 
 
 
1615 Forum Place, Suite 4B 
 
 
 
 
 
West Palm Beach, FL 33401 
 
 
 
 
 
ghmitchelllaw@aol.com  
 
 
 
 
 
 
 
 
Pleadings: ghmitchellfiling@aol.com 
 
 
 
 
 
(561) 478-7777 
 
 
 
 
 
 
/s/ Glenn H. Mitchell 
 
 
 
 
 
By: 
                                                     
  
 
 
 
 
 
 
GLENN H. MITCHELL, ESQ. 
 
 
                                  
Florida Bar No. 239267 
 
CERTIFICATE OF SERVICE 
I hereby certify that on May 4, 2023, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF. I also certify that the 
foregoing document is being served this day on all counsel of record via 
transmission of Notices of Electronic Filing generated by CM/ECF or in some 
other authorized manner for those counsel or parties who are not authorized to 
receive electronically Notices of Electronic Filing. 
 
 
 
 
 
 
 
/s/ Glenn H. Mitchell 
 
 
 
 
 
By: 
                                                     
  
 
 
 
 
 
 
GLENN H. MITCHELL, ESQ. 
 
 
                                  
Florida Bar No. 239267 
Case 2:23-cr-00013-TPB-NPM     Document 34     Filed 05/04/23     Page 9 of 9 PageID 158

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