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Sentencing — U.S. v. Bennie Earl Magee (E.D. Va., Dkt. 20, filed 09/08/23)

Summary

A sentencing minute sheet for United States v. Bennie Earl Magee, Case 1:23-cr-00091-CMH, Document 20, filed 09/08/23, recording a sentencing before Judge Hilton on 9/8/2023. It lists Kathleen Robeson and Russell Carlberg beside "AUSA" and Stuart Sears for the defense. The sheet states that the Court finds the guidelines properly assessed at a range of 121 to 151 months and that a sentence somewhat below that range is appropriate. The sentence imposed is 60 Months imprisonment and 3 Years supervised release, with a $100.00 Assessment and $7,619,379.00 in restitution, and a consent order of forfeiture. The Court recommends a camp in Cumberland, Maryland, and the defendant is remanded to voluntarily surrender after 11/1/2023.

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Cite this document

“Sentencing — U.S. v. Bennie Earl Magee (E.D. Va., Dkt. 20, filed 09/08/23).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-1-23-cr-00091-dkt-20-e-d-va-1a9fb41e50/, SHA-256 c90d80c0bd10c95e29b4b103a0ba9e62ba3f1134064fa2c134cbd058676b39ae.

Full text

    Case 1:23-cr-00091-CMH Document 20 Filed 09/08/23 Page 1 of 1 PageID# 231

Judge: Hilton                          SENTENCING                    Date: 9/8/2023
Reporter: R. Stonestreet                                             Time: 10:20 to 11:00



Cr. #   1:23CR00091-001                            AUSA: Kathleen Robeson, Russell Carlberg
U.S. v. Bennie Earl Magee                          Defense: Stuart Sears

Deft’s objections to PSIR heard. Counsel indicated there is no objection to the defendant
receiving credit for acceptance of responsibility. Defendant’s objections regarding the
obstruction enhancement, and role enhancement argued.The Court finds that there is ample
evidence to support the enhancements for obstruction and role in the offense.

The Court finds the guidelines to be properly assessed at a range of 121 to 151 months.

Considering the factors under § 3553, and considering the nature and circumstances of the
offense, the defendant’s role in offense, his age, and prior record, the Court finds that a sentence
somewhat below the guideline range is appropriate.

Sentence Imposed:

60        Months imprisonment

3         Years supervised release



Conditions of Supervised Release:

Standard conditions and special conditions of supervised release set forth in the PSIR imposed.

Monetary penalties:
$100.00        Assessment $ 0          Fine
$7,619,379.00 Restitution Ordered pursuant to the Restitution Order entered and filed in open
               court.
Consent Order of Forfeiture entered and filed in open court.


Recommendations to BOP:

The Court recommends that the defendant be designated to the camp in Cumberland, Maryland.

Defendant:           Remanded       To voluntarily surrender after 11/1/2023.

Deft advised of his right to appeal.

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