Position of the Defendant with Respect to Sentencing Factors — United States v. Cherry (E.D. Va., Dkt. 26)

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A Position of the Defendant, Joseph M. Cherry, II, with Respect to Sentencing Factors, Document 26, filed 03/04/21, in United States of America v. Joseph M. Cherry, II, Criminal No. 4:20cr27, in the Eastern District of Virginia, Newport News Division. The defendant and counsel state that they reviewed the pre-sentence report and have no objections to the factual content of the advisory sentencing guidelines. The defense contends that a variant sentence of 36 months is sufficient and will satisfy the 18 U.S.C. § 3553 factors. It calls the defendant's mental and emotional health issues, including schizophrenia, the most significant factor, and says the requested sentence is slightly below the guidelines. Lawrence H. Woodward, Jr., Esquire is named as attorney for the defendant.

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Case 4:20-cr-00027-RBS-LRL Document 26 Filed 03/04/21 Page 1 of 3 PagelD# 147

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Newport News Division
UNITED STATES OF AMERICA
V. CRIMINAL NO.: 4:20cr27
JOSEPH M. CHERRY, II

Defendant.

POSITION OF THE DEFENDANT, JOSEPH M. CHERRY, li,
WITH RESPECT TO SENTENCING FACTORS

COMES NOW the defendant, Joseph M. Cherry, Il, by counsel, and states as follows for his
position on sentencing:

The Defendant and counsel have reviewed the pre-sentence report. There are no objections
to the factual content of the advisory sentencing guidelines.

The background of the Defendant and the facts of the case are fully set forth in the pre-
sentence report. The defense contends that a variant sentence of 36 months is sufficient and will
satisfy the 18 U.S.C. § 3553 factors.

The Defendant pled guilty and accepted responsibility for his actions very early in the process.
This factor is particularly significant during the Covid-19 pandemic. His willingness to proceed in this
fashion was a significant concession to make the administration of justice safe and efficient.

The most significant factor that the Court should consider is the Defendant's mental and
emotional health issues. The pre-sentence report at paragraphs 69-71 sets forth these problems in

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Case 4:20-cr-00027-RBS-LRL Document 26 Filed 03/04/21 Page 2 of 3 PagelD# 148

detail including the medications which he is required to take to control his schizophrenia and hearing

voices. This is an issue that will require the Defendant to receive mental health support and

medications long term, presumably for the rest of his life. These conditions do not excuse or justify the

Defendant's conduct but are certainly a matter in mitigation which the Court should weigh very heavily.

A sentence of 36 months which is slightly below the guidelines will allow the Defendant to get needed

mental health treatment which should continue when he is on supervised release, will punish the

Defendant, promote respect for the law, and will not represent a major sentencing disparity.

The defense will present additional arguments and information in support of the requested

sentence at the hearing.

Respectfully submitted,

JOSEPH M. CHERRY, II

Lawrence H. Woodward, Jr., Esquire
Virginia State Bar #21756
Attorney for the Defendant
Joseph M. Cherry, II
Ruloff, Swain, Haddad, Morecock,
Talbert, & Woodward, P.C.
317 30" Street
Virginia Beach, Virginia 23451
Telephone Number: (757) 671-6000
Facsimile Number: (757) 671-6004
Email address: lwoodward@srgslaw.com

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Case 4:20-cr-00027-RBS-LRL Document 26 Filed 03/04/21 Page 3 of 3 PagelD# 149

CERTIFICATE OF SERVICE

| hereby certify that on the 4" day of March, 2021, | electronically filed the foregoing with the
Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to the
following:

Brian J. Samuels, Esquire

Assistant United States Attorney
Attorney for the United States

8000 World Trade Center

101 West Main Street

| Norfolk, VA 23510

| Phone: 757/441-6331

| Fax: 757/441-6689

Email Address: brian.samuels@usdoj.org

And, | hereby certify that | have emailed the documents to the following non-filing user:

Jeffrey A. Noll, Senior Probation Officer
United States Probation
827 Diligence Drive, Suite 210

| Newport News, VA 23606

| Phone: 757.223.4663

Email: Jeffrey Noll@vaep.uscourts.gov

Lawrence H. Woodward, Jr. Esquire
Virginia State Bar #21756
Attorney for the Defendant,
Joseph M. Cherry, II
Ruloff, Swain, Haddad, Morecock,
Talbert, & Woodward, P.C.
317 30" Street
Virginia Beach, Virginia 23451
Telephone Number: (757) 671-6000
Facsimile Number: (757) 671-6004
Email address: lwoodward@srgslaw.com

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