Pandemic Darlings The pandemic economy, in original documents
Home Source documents Government's Sentencing Position for Defendant Keith Lawrence Middlebrook (Document 305)

Government's Sentencing Position for Defendant Keith Lawrence Middlebrook (Document 305)

Summary

Government's Sentencing Position for defendant Keith Lawrence Middlebrook, filed November 25, 2024 as Document 305, No. 20-cr-00229-DSF, with a sentencing date of 12/9/2024. It states the jury returned a guilty verdict on all counts on May 10, 2024, for eleven counts of wire fraud under 18 U.S.C. § 1343. Probation calculated a Guidelines range of 70 to 87 months and recommended 70 months and a $25,000 fine. The government asks for a two-level obstruction enhancement based on perjury, for an offense level of 29 and a range of 87-108 months, and recommends 98 months, a $25,000 fine, three years of supervised release and a $100 special assessment.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Government's Sentencing Position for Defendant Keith Lawrence Middlebrook (Document 305).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-c-d-cal-no-2-20-cr-00229-dkt-305-c-d-cal-7dc8d6f872/, SHA-256 12e37129e751f30013dbfd908bf0e29acd2a921ce5e4f1ca2f980c659db5928e.

Full text

     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 1 of 16 Page ID
                                       #:4969


1    E. MARTIN ESTRADA
     United States Attorney
2    MACK E. JENKINS
     Assistant United States Attorney
3    Chief, Criminal Division
     KENNETH R. CARBAJAL (Cal. Bar No. 338079)
4    JOSEPH S. GUZMAN (Cal. Bar No. 310493)
     Assistant United States Attorney
5    Violent and Organized Crime Section
     General Crimes Section
6         1300/1200 United States Courthouse
          312 North Spring Street
7         Los Angeles, California 90012
          Telephone: (213) 894-3172/2438
8         Facsimile: (213) 894-0141
          E-mail:    kenneth.carbajal@usdoj.gov
9                    joseph.guzman2@usdoj.gov
10   Attorneys for Plaintiff
     UNITED STATES OF AMERICA
11
                              UNITED STATES DISTRICT COURT
12
                      FOR THE CENTRAL DISTRICT OF CALIFORNIA
13
     UNITED STATES OF AMERICA,              No. 20-cr-00229-DSF
14
               Plaintiff,                   GOVERNMENT’S SENTENCING POSITION
15                                          FOR DEFENDANT KEITH LAWRENCE
                     v.                     MIDDLEBROOK
16
     KEITH LAWRENCE MIDDLEBROOK,            Sentencing Date:    12/9/2024
17                                          Sentencing Time:    8:30 a.m.
               Defendant.                   Courtroom:    Courtroom of the Hon.
18                                                        Dale S. Fischer

19

20
           Plaintiff United States of America, by and through its counsel
21
     of record, the United States Attorney for the Central District of
22
     California and Assistant United States Attorneys Kenneth R. Carbajal
23
     and Joseph S. Guzman, hereby files its Sentencing Position for
24
     Defendant Keith Lawrence Middlebrook.
25
     ///
26

27

28
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 2 of 16 Page ID
                                       #:4970


1         The government’s Sentencing Position is based upon the attached

2    memorandum of points and authorities, the files and records in this

3    case, and such further evidence and argument as the Court may permit.

4    The government respectfully requests the opportunity to supplement

5    its position or respond to defendant as may become necessary.

6    Dated: November 25, 2024             Respectfully submitted,

7                                         E. MARTIN ESTRADA
                                          United States Attorney
8
                                          MACK E. JENKINS
9                                         Assistant United States Attorney
                                          Chief, Criminal Division
10

11                                              /s/
                                          KENNETH R. CARBAJAL
12                                        JOSEPH S. GUZMAN
                                          Assistant United States Attorney
13
                                          Attorneys for Plaintiff
14                                        UNITED STATES OF AMERICA

15

16

17

18

19

20

21

22

23

24

25

26

27

28

                                             2
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 3 of 16 Page ID
                                       #:4971


1                                  TABLE OF CONTENTS

2                                                                                  PAGE

3    TABLE OF AUTHORITIES...............................................ii

4    MEMORANDUM OF POINTS AND AUTHORITIES................................1

5    I.    INTRODUCTION...................................................1

6    II.   STATEMENT OF FACTS.............................................1

7          A.   Defendant Developed And Engaged In A Scheme To Defraud
                Investors During The COVID-19 Global Pandemic.............1
8
           B.   Defendant Solicited $4,400,000 In Investments From At
9               Least Five Potential Investors............................2
10         C.   Defendant Committed Perjury During Trial..................3

11   III. PROBATION’S SENTENCING GUIDELINES CALCULATIONS.................4

12   IV.   GOVERNMENT’S SENTENCING GUIDELINES CALCULATIONS................5

13         A.   The Court Should Apply An Additional Two-Level
                Enhancement For Obstruction Of Justice Pursuant To
14              U.S.S.G. § 3C1.1..........................................5

15              1.    Defendant Gave False Testimony Regarding Magic
                      Johnson..............................................6
16
                2.    Defendant’s False Testimony Was On A Material
17                    Matter...............................................7

18              3.    Defendant Told The Lies With Willful Intent..........8

19   V.    GOVERNMENT RECOMMENDS A NINETY-EIGHT MONTHS’ SENTENCE..........9

20         A.   Nature and Circumstances of the Offense...................9

21         B.   History and Characteristics of Defendant..................9

22         C.   Need for the Sentence to Reflect the Offenses’
                Seriousness, Promote Respect for the Law, Provide Just
23              Punishment, Afford Adequate Deterrence, and Protect
                the Public...............................................10
24
           D.   The Need to Avoid Unwarranted Disparities................11
25
     VI.   CONCLUSION....................................................12
26

27

28
                                            i
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 4 of 16 Page ID
                                       #:4972


1                                TABLE OF AUTHORITIES

2    FEDERAL CASES:                                                          PAGE(S)

3
     Gall v. United States,
4      552 U.S. 38 (2007) ............................................... 11
5    United States v. Castro-Ponce,
6      770 F.3d 819 (9th Cir. 2014) ...................................... 6

7    United States v. Dunnigan,
       507 U.S. 87 (1993) ................................................ 6
8
     FEDERAL STATUTES:
9
     18 U.S.C. § 1343................................................. 1, 4
10   18 U.S.C. § 3553(a).......................................... 1, 9, 11
11   FEDERAL RULES:
12
     U.S.S.G. § 2B1.1(a)(1).............................................. 4
13
     U.S.S.G. § 2B1.1(b)(1)(A)........................................... 8
14
     U.S.S.G. § 3C1.1........................................... 1, 5, 6, 7
15
     U.S.S.G. § 4C1.1.................................................... 5
16

17

18

19

20

21

22

23

24

25

26

27

28
                                           ii
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 5 of 16 Page ID
                                       #:4973


1                       MEMORANDUM OF POINTS AND AUTHORITIES

2    I.    INTRODUCTION

3          In March 2020, defendant committed eleven counts of wire fraud,

4    in violation of 18 U.S.C. § 1343.       On May 7, 2024, defendant

5    proceeded to trial.      (Dkt. 260.)   After deliberating for less than

6    one day, the jury returned a verdict of guilty on all counts on May

7    10, 2024.   (Dkt. 263.)

8          On October 28, 2024, U.S. Pretrial and Probation Services issued

9    a Presentence Report and a Recommendation Letter.          (Dkts. 303-304.)
10   There, Probation calculated defendant's Sentencing Guidelines range
11   to be 70 to 87 months’ imprisonment, based on an offense level of 27
12   and a criminal history category of I.       (Dkt. 304 at 4.)      Probation
13   recommends a sentence of 70 months’ imprisonment and a fine of
14   $25,000. (Dkt. 303 at 1.)
15         The government agrees with Probation’s calculations but believes
16   the Court should apply an additional two-level enhancement for
17   obstruction of justice based upon perjury, for a total offense level
18   of 29 and a Sentencing Guidelines range of 87-108 months’

19   imprisonment.    Based on those calculations, the government

20   respectfully recommends that the Court sentence defendant to a mid-

21   range Guidelines sentence of 98 months’ imprisonment and a $25,000

22   fine, followed by a three-year term of supervised release.           Such a

23   sentence is sufficient, but not greater than necessary, to achieve

24   the purposes set forth in 18 U.S.C. § 3553(a).

25   II.   STATEMENT OF FACTS

26         A.    Defendant Developed And Engaged In A Scheme To Defraud
                 Investors During The COVID-19 Global Pandemic
27
           At the onset of the COVID-19 global pandemic, defendant falsely
28
                                            1
     Case 2:20-cr-00229-DSF    Document 305 Filed 11/25/24   Page 6 of 16 Page ID
                                        #:4974


1    claimed that he had developed the cure and treatment for COVID-19.

2    (PSR ¶¶ 10-11.)    Defendant filmed videos of himself holding the fake

3    cure and treatment, posted those videos to his millions of social

4    media followers, and sent those videos to potential investors.               (Id.

5    ¶¶ 12, 50.)    Defendant built an elaborate investment fraud scheme

6    around his fake cure and treatment.         (Id. ¶¶ 13-14.)      Defendant

7    created fake companies, lied about high profile individuals endorsing

8    his product, lied about having a patent pending for his cure and

9    treatment, and lied about how investments in his non-existent
10   companies were risk free and 100% guaranteed.           (Id.)    Defendant
11   pitched his investments through text messages, phone calls, and

12   emails, including by sending a detailed prospectus to prospective

13   investors in which he claimed that QP20 was incorporated on March 15,

14   2020 and that National Basketball Association (“NBA”) Hall of Famer

15   Earvin “Magic” Johnson was a director and officer of the company.

16   (Id. ¶ 52.)    Defendant sent his bank account information to those

17   prospective investors, and he peppered them with requests to send him

18   money, all in an effort to defraud potential investors of millions of

19   dollars.    (Id. ¶ 13.)

20        B.     Defendant Solicited $4,400,000 In Investments From At Least
                 Five Potential Investors
21
          On May 10, 2024, a jury convicted defendant of 11 counts of wire
22
     fraud.    (Dkt. 263.)    In executing his scheme, defendant solicited
23
     investments from at least five potential investors.             In
24
     communications with an undercover Federal Bureau of Investigation
25
     (“FBI”) Special Agent (the “UCE”), the defendant solicited and
26
     arranged a meeting to collect a $400,000 investment in his fictitious
27
     companies and products.      (PSR ¶ 49; Dkt. 294, Trial Exs. 123-125;
28

                                             2
     Case 2:20-cr-00229-DSF    Document 305 Filed 11/25/24    Page 7 of 16 Page ID
                                        #:4975


1    Dkt. 285, Def. Ex. A, May 7, 2024, Trial Tr. at 149:3-13.)

2         Defendant also sent text messages to at least four individuals:

3    1) W.J.; 2) A.F.; 3) R.M.; and 4) E.S. in which he solicited

4    investments of at least $1,000,000 from each of the four individuals.

5    (PSR ¶ 49; Dkt. 294, Trial Exhibits 134-137 (Text Messages to W.J.,

6    A.F., R.M., and E.S.: “Investors who come in at ground level with say

7    $1M will parachute with $200M - $300M. Conservative Minimum. Plus

8    retain Stock Shares.”))

9         C.    Defendant Committed Perjury During Trial
10        Furthermore, defendant testified at trial and gave false

11   testimony on a material matter with willful intent.            To convict

12   defendant of wire fraud, the government was required to prove that

13   defendant participated in a scheme to defraud.           (Dkt. 267 (Jury

14   Instructions) at 18-19.)       One of the false statements that the

15   government alleged the defendant made as part of that scheme was that

16   Magic Johnson was a director and/or officer of QC20.            (Id. at 18.)

17   At trial, the defendant falsely claimed that he had met Magic Johnson

18   hundreds of times.       (Dkt. 285, Def. Ex. B, May 8, 2024, Trial Tr. at

19   197:15-16 (Q: “And did you ever meet Earvin Magic Johnson?” A: “Well

20   over a hundred times in the last 25 years.”)            Defendant falsely

21   claimed that he had extensive conversations with Magic Johnson about

22   business, COVID-19, and defendant’s fake cure and prevention pill.

23   (Id. at 197:22-23 (“So we got him on the phone, and we all talked for

24   like 20 minutes. He [Magic Johnson] goes Keith, we gotta hook up,

25   meet up, and I said great.”);       Id. at 202:10-15 (Defendant falsely

26   testified that he and Magic Johnson talked on the phone over an hour

27   and went over the framework of his fake COVID-19 cure and prevention

28   pill.);   Id. at 202:25-203:12 (Defendant falsely testified that Magic

                                             3
     Case 2:20-cr-00229-DSF    Document 305 Filed 11/25/24   Page 8 of 16 Page ID
                                        #:4976


1    Johnson said he was enthusiastic about working with defendant and

2    that they planned on having a meeting.);         Id. at 218:23-25 (Defendant

3    falsely testified that he discussed his fake COVID-19 cure and

4    prevention pill with Magic Johnson.))

5         Meanwhile, Magic Johnson testified at trial regarding

6    defendant’s false claims.       Before doing so, he explained that he

7    cares about his community and seeks to balance making a profit and

8    doing good when evaluating potential investments.           (Id. at 13:11-

9    21:3.)   He also discussed how valuable his endorsement is, which he
10   referred to as a “Q rating” -- a rating that people use to evaluate a
11   celebrities’ appeal -- and how his rating is usually the second
12   highest in California and approximately ninety percent nationwide.
13   (Id. at 20:13-21.)       When questioned about defendant and his fake
14   companies, Magic Johnson testified that he has never supported,

15   invested in, or been an officer or a member of the board of directors

16   of, Quantum Prevention CV, Inc.        (Id. at 21:7-24:12.)     Magic Johnson

17   also testified that he did not know defendant and had never committed

18   to working with him.      (Id.)

19   III. PROBATION’S SENTENCING GUIDELINES CALCULATIONS

20        In October 2024, Probation issued a PSR and calculated a total

21   offense level of 27.      (PSR ¶ 61.)    Specifically, Probation determined

22   that defendant’s base offense level was 7, because the defendant

23   violated 18 U.S.C. § 1343, pursuant to U.S.S.G. § 2B1.1(a)(1).             (Id.

24   ¶ 48; see also Dkt. 303.)       Probation also determined that an 18-level

25   enhancement applied because the total amount of the loss was

26   $4,400,000.   (PSR ¶ 49.)      Probation determined that an additional

27   two-level enhancement applied because the defendant committed the

28   offense through mass marketing, specifically by posting on social

                                             4
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 9 of 16 Page ID
                                       #:4977


1    media about his fake cure and prevention pill.         (Id. ¶ 50.)

2    Probation also determined that a two-level enhancement applied

3    because the offense involved sophisticated means and the defendant

4    intentionally engaged in or caused the conduct constituting the

5    sophisticated means.     (Id. ¶ 51.)

6          Lastly, Probation determined that a two-level reduction applied,

7    pursuant to U.S.S.G. § 4C1.1, because defendant is a zero-point

8    offender.   (Id. ¶¶ 59-60.)     Based on these calculations, Probation

9    determined that the total offense level is 27.         (Id. ¶ 61.)
10         Probation also determined that defendant has a criminal history

11   score of 0.   (Id. ¶ 70.)     Based on this, Probation determined

12   defendant falls within criminal history category I.          (Id.)

13         With a total offense level of 27 and criminal history category

14   I, Probation determined that the advisory Sentencing Guidelines range

15   is 70 to 87 months, a fine between $25,000-$250,000, and a term of

16   supervised release of one to three years.        (Id. ¶¶ 104, 107, 113.)

17   Probation recommends the Court sentence defendant to a low-end term

18   of 70 months imprisonment and a fine of $25,000, followed by a three-

19   year term of supervised release.       (Dkt. 303 at 1-2.)

20   IV.   GOVERNMENT’S SENTENCING GUIDELINES CALCULATIONS

21         The government agrees with Probation that the total offense

22   level is at least 27, however, the government believes the Court

23   should apply an additional two-level enhancement for obstruction of

24   justice based upon perjury, for a total offense level of 29.

25         A.    The Court Should Apply An Additional Two-Level Enhancement
                 For Obstruction Of Justice Pursuant To U.S.S.G. § 3C1.1
26
           Defendant obstructed and impeded the administration of justice
27
     during the trial.    He repeatedly attempted to obstruct justice during
28

                                            5
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24     Page 10 of 16 Page ID
                                        #:4978


1    his testimony in order to conceal his crimes and to convince the jury

2    that his lies, namely that Magic Johnson was on his board of

3    directors, were true.      In doing so, he repeatedly lied under oath

4    during his testimony surrounding his scheme to defraud and the role

5    that Magic Johnson played in that scheme.        This is sufficient to

6    trigger the §3C1.1 obstruction enhancement.            See U.S.S.G. §3C1.1,

7    Application Note 4(B) (obstruction of justice includes “committing,

8    suborning, or attempting to suborn perjury”)

9         If the Court imposes an obstruction of justice enhancement based
10   upon perjury, it must make express findings that (1) the defendant
11   gave false testimony, (2) on a material matter, (3) with willful
12   intent.   The Supreme Court has instructed that a defendant may
13   receive a § 3C1.1 enhancement based upon perjury at trial, but
14   district courts must be careful to avoid chilling the right to
15   testify—after all, “an accused may give inaccurate testimony due to
16   confusion, mistake, or faulty memory.”        United States v. Dunnigan,
17   507 U.S. 87, 94-95 (1993).      In light of those concerns, the Ninth

18   Circuit has held that a district court must make “express findings on

19   all three prongs necessary for perjury to amount to obstruction of

20   justice” under § 3C1.1.      United States v. Castro-Ponce, 770 F.3d 819,

21   822 (9th Cir. 2014) (emphasis added).

22        Here, defendant’s testimony constitutes perjury and satisfies

23   all three prongs.

24              1.    Defendant Gave False Testimony Regarding Magic Johnson

25        Magic Johnson testified that he never supported, invested in, or

26   had been an officer or a member of the board of directors of, Quantum

27   Prevention CV, Inc.      See supra at II.C.    Magic Johnson also testified

28   that he did not know defendant and had never committed to working

                                             6
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24     Page 11 of 16 Page ID
                                        #:4979


1    with him.    (Id.)

2           Defendant testified at trial and directly contradicted Mr.

3    Johnson’s testimony.      During his sworn testimony, defendant falsely

4    claimed that he had met Magic Johnson hundreds of times, that he had

5    extensive conversations with Magic Johnson about business, COVID-19,

6    and defendant’s fake cure and prevention pill, and that they planned

7    on having a meeting to continue their business discussions.              (Id.)

8           Because Magic Johnson’s testimony was true, defendant’s

9    testimony must be false.      It cannot be the case that Mr. Johnson did
10   not know defendant, did not commit to working with him, and had never
11   had a role in Quantum Prevention CV, Inc., as Mr. Johnson testified,
12   but also had met defendant hundreds of times, had extensive
13   conversations with defendant about defendant’s COVID-19 cure and
14   prevention pill and planned to meet with defendant, as defendant
15   testified, because those statements directly contradict each other.
16   Mr. Johnson testified truthfully and reliably.            Defendant’s testimony
17   was deliberate, there was no indication that defendant’s inaccurate
18   testimony was due to confusion, mistake, or faulty memory.              Defendant

19   was confident in his answers and appeared to have little trouble

20   recalling details throughout his testimony.            Therefore, defendant’s

21   testimony was false.

22               2.   Defendant’s False Testimony Was On A Material Matter

23          To convict defendant of wire fraud, the government was required

24   to prove that defendant participated in a scheme to defraud.              (Dkt.

25   267 (Jury Instructions) at 18-19.)          One of the false statements that

26   the government alleged the defendant made as part of that scheme was

27   that Magic Johnson was a director and/or officer of QC20.              (Id. at

28   18.)    U.S.S.G. §3C1.1, Application Note 6 defines material evidence

                                             7
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 12 of 16 Page ID
                                        #:4980


1    as “evidence, fact, statement, or information that, if believed,

2    would tend to influence or affect the issue under determination.”

3         Defendant’s false testimony regarding his relationship with

4    Magic Johnson and Mr. Johnson’s interest in working with defendant on

5    his COVID-19 cure and prevention pill constitutes material evidence

6    under U.S.S.G. §3C1.1.      The issue under determination affected by

7    this specific testimony is whether Magic Johnson was a director

8    and/or officer of QC20.      If the trial jury believed defendant’s

9    story, it would tend to influence or affect the jury’s determination
10   of whether Magic Johnson was a director and/or officer of QC20, as a
11   rational juror would be more likely to believe Magic Johnson was a
12   director and/or officer if it was true that defendant and Magic
13   Johnson had long conversations, had met hundreds of times, and Mr.
14   Johnson had expressed an interest in working with defendant – as
15   defendant stated in his sworn testimony.        See supra at II.C.
16   Therefore, defendant’s false testimony was on a material matter.

17              3.    Defendant Told The Lies With Willful Intent

18        The reasons for defendant’s perjury was clear: the jury would

19   not believe that Magic Johnson was a director and/or officer of QC20

20   after Mr. Johnson’s testimony.       Defendant’s testimony regarding his

21   conversations and relationship with Mr. Johnson was thus intended to

22   deceive the jury, sway them from believing Magic Johnson, and instead

23   convince them that defendant and Mr. Johnson had a relationship in an

24   effort to convince the jury that Magic Johnson was actually a

25   director and/or officer of QC20.       Thus, defendant lied during his

26   testimony with willful intent.

27

28

                                             8
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 13 of 16 Page ID
                                        #:4981


1         With a total offense level of 29 and a criminal history category

2    I, the advisory Sentencing Guidelines range is 87-108 months’

3    imprisonment.

4    V.   GOVERNMENT RECOMMENDS A NINETY-EIGHT MONTHS’ SENTENCE

5         The government recommends a mid-level Guidelines sentence of 98

6    months’ imprisonment and a fine of $25,000, followed by a three-year

7    period of supervised release.       Such a sentence is sufficient, but not

8    greater than necessary, to achieve the purposes set forth in 18

9    U.S.C. § 3553(a).
10        A.      Nature and Circumstances of the Offense
11        The nature and circumstances of defendant’s offense supports a

12   sentence of 98 months’ imprisonment.         In mitigation, no investor lost

13   money because nobody transferred funds to one of defendant’s bank

14   accounts.     (PSR ¶¶ 39-43.)   However, the Sentencing Guidelines

15   calculate loss by considering the greater of actual loss or intended

16   loss.     (U.S.S.G. § 2B1.1(b)(1)(A).)      Here, the greater of the two

17   loss amounts is intended loss for a total of $4,400,000, which is a

18   significant amount.      (PSR ¶ 49.)   In aggravation, defendant’s crime

19   was serious, defendant engaged in an elaborate scheme to defraud

20   investors of millions of dollars during the beginning of the COVID-19

21   pandemic, a particularly vulnerable time in our nation’s history.

22   (Id. ¶¶ 10-11.)

23        For that reason, a mid-range sentence should be imposed as it

24   appropriately balances the aggravating and mitigating circumstances

25   in this case.

26        B.      History and Characteristics of Defendant

27        Defendant’s history and characteristics also warrant the

28   government’s recommended sentence.          In mitigation, defendant has no

                                             9
     Case 2:20-cr-00229-DSF    Document 305 Filed 11/25/24     Page 14 of 16 Page ID
                                         #:4982


1    criminal history points, although he has sustained four driving-

2    related convictions.       (Id. ¶¶ 66-70.)    In aggravation, however,

3    defendant has a history of engaging in elaborate schemes to defraud

4    potential clients.       (Id. ¶ 77.)   According to an indictment that was

5    dismissed in October 2016, between August 2013 and October 2014

6    defendant devised a scheme to defraud clients by promising to raise

7    their credit scores even though he could not legally accept money for

8    his services before completing them.         (Id.)      Defendant also created

9    fraudulent documents and used forged seals from government agencies
10   as part of his scheme.       (Id.)
11        Thus, on balance, defendant’s history and characteristics

12   support the government’s recommended mid-range Guidelines sentence.

13        C.    Need for the Sentence to Reflect the Offenses’ Seriousness,
                Promote Respect for the Law, Provide Just Punishment,
14              Afford Adequate Deterrence, and Protect the Public
15        The sentence must satisfy the need to punish defendant, as well
16   as society’s need to reflect the seriousness of the offense; promote
17   respect for the law; provide just punishment; afford adequate
18   deterrence; and protect the public.
19        Defendant has shown disdain for the criminal justice system, a
20   lack of remorse for his actions, and a lack of respect for the law,
21   as evidenced by a video defendant posted to his Instagram account,
22   “keithmiddlebrook1,” on May 10, 2024 1 – the same day the jury
23   returned a guilty verdict on all 11 counts of wire fraud.               (See
24   Exhibit A (Video posted to Instagram of defendant discussing the jury
25

26
          1 Although defendant states the date as March 10, 2024, in the
27   video, the date stamp on the video is May 10. Furthermore, in the
     caption defendant wrote “I meant May in the Video,” indicating that
28   he misspoke when he stated it was March 10, 2024, and that it was
     actually May 10, 2024.
                                       10
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 15 of 16 Page ID
                                        #:4983


1    verdict).)    In the video, defendant states:

2         “Anyway, a group of people convinced a brain dead dumb stupid
          idiot liberal group of people of things that weren’t true about
3         a company that never received or accepted a dollar. In fact,
          they declined all funds as they were building the company. This
4
          group of people convinced these dumb stupid liberal idiots of
5         lies. It was - to anybody it would be shocking. So, to let
          everybody know, don’t believe the lies in the articles on the
6         internet. Everything is being taken care of at the Trump level,
          the higher level, the Trump level. To have it taken care of.”
7         (Id.)
8         Here the defendant is referring to the government presenting its
9    case to the trial jury and the trial jury finding the defendant
10   guilty.   By referring to the trial jury as “brain dead,” “dumb,”
11   “stupid,” and “idiot[s]” the defendant is showing a lack of respect
12   for the law, for the jurors that served on this trial, and for the
13   long history of a trial by jury that has served as the bedrock of our
14   nation’s criminal justice system.
15        The government’s recommended fine and sentence at the mid-range
16   of the applicable Guidelines range will deter defendant specifically
17   and others generally who might be inclined to perpetrate a similar
18   crime.    Finally, a three-year term of supervised release will provide
19   an additional layer of deterrence and protection to the community,
20   and will help defendant transition back into society upon release.
21        D.    The Need to Avoid Unwarranted Disparities
22        Section 3553(a)(6) requires the Court to minimize sentencing
23   disparities among similarly situated defendants.          One way of doing so
24   is to correctly calculate the Guidelines range and then sentence
25   defendants within that range.       See Gall v. United States, 552 U.S.
26   38, 54 (2007) (“[A]voidance of unwarranted disparities was clearly
27   considered by the Sentencing Commission when setting the Guidelines
28   ranges.”).    Here, under the correctly calculated Guidelines range,
                                            11
     Case 2:20-cr-00229-DSF   Document 305 Filed 11/25/24   Page 16 of 16 Page ID
                                        #:4984


1    other defendants “with similar records who have been found guilty of

2    similar conduct” as defendant can expect a prison sentence between

3    87- and 108-months’ imprisonment.       See U.S.S.G. § 5A (Sentencing

4    Table).   Consequently, the government’s recommended sentence, which

5    is at the mid-range of the guidelines, avoids an unwarranted

6    disparity with similarly situated defendants.

7    VI.   CONCLUSION

8          For the foregoing reasons, the government respectfully requests

9    that this Court sentence defendant to 98 months’ imprisonment,
10   followed by a three-year period of supervised release; a $100 special
11   assessment; and a $25,000 fine.
12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

                                            12


File and source

File
305.pdf
Size
257,137 bytes
SHA-256
12e37129e751f30013dbfd908bf0e29acd2a921ce5e4f1ca2f980c659db5928e
Our copy
305.pdf
Original
No public link identified.
Back to top