Defendant Keith Middlebrook’s Objections to the Presentence Report (No. 2:20-cr-00229, C.D. Cal.)

Summary

Document 309 in United States v. Keith Middlebrook, Case No. 20-CR-00229-DSF, in the U.S. District Court for the Central District of California, filed December 16, 2024: Defendant Keith Middlebrook's Objections to the Presentence Report. The signature block lists Andrew M. Stein and Joseph A. Markus of Law Offices of Stein and Markus PLC as attorneys for the defendant. The filing refers to the Presentence Report disclosed on November 25, 2024 and a sentencing hearing scheduled for January 6, 2025. It states that the defendant maintains his innocence and objects to the eighteen-level increase under USSG § 2B1.1(b)(1), which it says rests on an intended loss of $4,400,000.

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Case 2:20-cr-00229-DSF Document 309 Filed 12/16/24 Pagelof3 PageID

#:4993
1 | LAW OFFICES OF STEIN AND MARKUS PLC
Andrew M. Stein, SBN 82963
2 | Joseph A. Markus, SBN 113802
9944 Flower Street
3 | Bellflower, California 90706
Telephone: (562) 866-9762
4 | Facsimile: (562) 867-3603
5 E-mail: steinandmarkus@gmail.com
Attorneys for Defendant
6 | KEITH MIDDLEBROOK.
7
3 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10
ri UNITED STATES OF AMERICA, Case No. 20-CR-00229-DSF
Plaintiff, DEFENDANT KEITH
12 MIDDLEBROOK’S OBJECTIONS
13 VS. TO THE PRESENTENCE REPORT
14| KEITH MIDDLEBROOK,
15 Defendant.
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ig Defendant KEITH MIDDLEBROOK , by and through his counsel of record,
19 hereby respectfully submits his objections to the Presentence Report (PSR)
50 disclosed on November 25, 2024. KEITH MIDDLEBROOK will file a detailed
3 sentencing position before his sentencing hearing scheduled for January 6, 2025.
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OBJECTIONS TO PRESENTENCE REPORT
Case 2:20-cr-00229-DSF Document 309 Filed 12/16/24 Page2of3 PageID

Oo Co NN DBD ON BP W LH

#:4994

The Offense Conduct

The defendant still maintains his innocence and denies any fraudulent or

criminal intent.

Victim Impact

There we no actual “victims” in this case, and there were no pecuniary

losses.

Offense Level Computation:

Paragraph 49: Specific offense characteristics: Pursuant to USSG §

2B1.1(b)(1), if the loss exceeded $6,500, the offense level is increased in accordance
with the total amount of the loss. Where the total amount of the loss is more than
$3,500,000 but less than $9,5000,000, and eighteen-level increase is applied. USSG
§ 2B1.1(b)(1)(JJ). Notes to Table at USSG § 2B1.1(b)(1) defines loss as the greater
of actual loss or intended loss. See notes to Table (A). Here, while the actual loss is
unknown, it appears that Middlebrook solicited a $400,000 investment from the
UCE as in text messages on March 19, 2020, Middlebrook requested that $400,000
be wired to Middlebrook’s JP Morgan Chase Bank Account. In a subsequent text
message to the UCE, Middlebrook requested payment of $400,000 in chase to
secure the UCE’s investment. In addition, Middlebrook sent text messages to
victim-investors W.J., A-F., R.M., and E.S. seeking an investment of at least
$1,000,000 per individual. Accordingly, since the intended loss of $4,400,000 is
greater than $3,500.000 but less than $9,500,000, an eighteen-level increase has
been applied.

The defendant believes that the eighteen-level increase overstates his conduct
and maintains that if the people actually invested, they would have made a profit, so

there would have been no actual loss.

2
OBJECTIONS TO PRESENTENCE REPORT


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