Defendant’s Sentencing Memorandum1 — No. 1:22-cr-00066 (Dkt. 45, D. Del.)

Summary

Defendant Kyle Stevens' sentencing memorandum, filed September 26, 2024 as Document 45 in United States v. Stevens, Criminal Action Nos. 22-cr-65-RGA and 22-cr-66-RGA, in the U.S. District Court for the District of Delaware. The memorandum states that the parties jointly recommend a sentence of eighty-seven (87) months followed by three years of supervised release, and that the presentence report sets the guidelines at seventy to eighty-seven (70-87) months. It describes the offense conduct in a stalking matter and states that he saw pandemic relief funds as a way to secure financial freedom. It argues under 18 U.S.C. § 3553(a) that treatment available through the Bureau of Prisons and supervised release fit that term. It relies on an attached psychological report dated June 5, 2024.

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Case 1:22-cr-00066-RGA       Document 45   Filed 09/26/24   Page 1 of 6 PageID #: 500




                IN THE UNITED STATES DISTRICT COURT
                   FOR THE DISTRICT OF DELAWARE


   UNITED STATES OF AMERICA,               :
                                           :
                Plaintiff,                 :
                                           :
         v.                                : Criminal Action No. 22-cr-65-RGA
                                           : Criminal Action No. 22-cr-66-RGA
                                           :
   KYLE STEVENS,                           :
                                           :
                Defendant.                 :



              DEFENDANT’S SENTENCING MEMORANDUM1

         The mental health challenges that Kyle faces must have always been

   apparent, to anyone who cared to pay attention. They materialized as cutting

   himself with razor blades while he was still a teenager, and suicide attempts in

   early adulthood. Pre-Sentence Report (“PSR”) ¶¶ 158-159; Exhibit A –

   Psychological Report by Dr. Alexander Gould, Psy.D. (June 5, 2024) at 7-8.

   His struggles resulted in an early adulthood characterized by social isolation

   and loneliness. He has been diagnosed with major depressive disorder,

   recurrent, severe, and borderline personality disorder. PSR ¶ 164; Exhibit A at

   18-19. He is currently prescribed forty-five milligrams (45mg) of Remeron


   1
     As we do in every case, the defense has filed an Attachment A under seal
   for the court’s review.
Case 1:22-cr-00066-RGA     Document 45        Filed 09/26/24   Page 2 of 6 PageID #: 501




   daily (PSR ¶ 162), which is the maximum dosage of the powerful

   antidepressant.2

         Regrettably, the adults in his life turned a blind eye to these struggles,

   focused on their own addictions, and were ignorant of the ways in which their

   self-serving behavior exacerbated his struggle. Buoyed by his excellent

   academic performance, his mother chose to see his success as evidence of his

   well-being. Nothing could have been farther from the truth. To this day, when

   describing Kyle, his mother downplays her role in his depressive struggles,

   although she does now acknowledge it.3

          Kyle sought counseling on his own, but the frequency of his relocation

   prevented any substantial therapeutic relationship from forming. As his mental

   health and life struggles piled up, he fell deeper into depression. His attempts

   at personal connection failed and he harbored feelings of ill-will toward those

   whose connection he had sought. In time, those inner thoughts became too

   much for him to bear alone and he verbally lashed out, resulting in the offense

   conduct in the stalking matter. There is no evidence that he ever planned to


   2
       See Mayo Clinic: Mirtazapine (Oral Route), Proper Use
   https://www.mayoclinic.org/drugs-supplements/mirtazapine-oral-
   route/proper-use/drg-
   20067334#:~:text=Adults%E2%80%94At%20first,%2015%20milligrams%
   20(mg)%20once%20a%20day,%20preferably
   3
     See Exhibit B – Character Letters of Josette Stevens, Mansour Farbod,
   Rhonda Wood, and Clemen Schweigler.
                                          2
Case 1:22-cr-00066-RGA      Document 45        Filed 09/26/24   Page 3 of 6 PageID #: 502




   follow through on any of the threats he made. Rather, the overwhelming

   evidence is that these threats were made in desperate attempts to relieve the

   pressure that he felt internally while silently struggling with borderline

   personality disorder. As such, they often came in bunches during periods of

   time that lasted from two days to a week. PSR ¶¶ 30-54.

         Alone and depressed in Germany, he craved a fresh start. When the

   pandemic led to the creation of financial relief programs for small businesses,

   Kyle, like many others who have been convicted and sentenced before him,

   saw the free-flowing government funds as a way to secure the financial

   freedom that he assumed would bring him psychological relief. In reality, the

   funds sat in accounts and have largely now been recouped by the government.

   Kyle now sits in a cell, ever depressed and still longing for the psychological

   relief he has been chasing for years. He faces sentencing in this court, but also

   the uncertain future of life after release. He fears prison, but he is grateful for

   the increased understanding of his mental health issues that he has gained

   through his arrest and pre-trial incarceration. He has benefited from counseling

   in the past (PSR ¶ 160) and looks forward to the supportive resources of the

   United States Probation Office upon his release.

         The parties jointly and respectfully recommend that this court impose a

   sentence of eighty-seven (87) months, with a period of supervised release to


                                           3
Case 1:22-cr-00066-RGA     Document 45        Filed 09/26/24   Page 4 of 6 PageID #: 503




   follow. This sentence serves the interests of justice and is sufficient, but not

   greater than necessary, to satisfy the purposes of sentencing as set forth at 18

   U.S.C. § 3553(a). This suggested sentence considers Kyle’s history and

   characteristics and the nature and circumstances of his criminal conduct.

         I.     GUIDELINES

         The PSR properly sets the sentencing guidelines at seventy to eighty-

   seven (70-87) months. PSR ¶ 187. For reasons set forth here, the defense

   agrees that the government’s sentencing recommendation of 87 months,

   which is within the guideline, is sufficient, but not greater than necessary.

         II.    3553(a) SENTENCING FACTORS

         Kyle’s repeated, and apparently compulsive, threats are concerning but

   must be contextualized in his long history of largely untreated mental health

   struggles and the psychological trauma of a childhood devoid of emotional

   support. Borderline Personality disorder must be treated with psychotherapy.

   His fraud requires punishment but is by no means exceptional in nature. In his

   report, Dr. Gould recommended that Kyle be provided dialectical behavioral

   theory (DBT), which is available in the Bureau of Prisons. Dr. Gould

   concluded that “It is essential that he learn alternatives to managing anxiety

   about relating with others that help him to cope without rumination and,

   ultimately, aggression. He will need to learn about the different factors that


                                          4
Case 1:22-cr-00066-RGA     Document 45         Filed 09/26/24   Page 5 of 6 PageID #: 504




   contribute to this problematic cycle and to feel equipped to manage his distress

   differently.”4 Fortunately, DBT is available through the Bureau of Prisons5

   and given a sentence of eighty-seven (87) months there will be ample time for

   Kyle to receive the treatment he needs before release. Here, a jail term is

   clearly necessary, but the length of that term need not exceed the top of the

   advisory guideline range. Indeed, there is no logical basis for imposition of a

   longer term of incarceration.

           What is needed is a closely monitored period of supervised release and

   one that involves access to the significant resources that Kyle needs. Given

   Kyle’s clearly demonstrated intellect, he may well have never found himself

   before this court had his numerous challenges not been neglected for so long.

   With such a long life ahead of him, this sentencing serves as a true opportunity

   to turn the tide from compulsive criminality to a healthier existence.




   4
       Exhibit A at 19.
   5
       Exhibit C – Federal Bureau of Prisons Program Statement No. P5310.17
                                           5
Case 1:22-cr-00066-RGA     Document 45       Filed 09/26/24   Page 6 of 6 PageID #: 505




         III.   CONCLUSION

         For the foregoing reasons it is respectfully requested that this court

   impose a sentence of eighty-seven (87) months and a period of three years

   supervised release with further conditions of release to be fashioned by the

   court at the time of sentencing.


                                         Respectfully submitted,

                                         ELENI KOUSOULIS
                                         Federal Public Defender

   Dated: September 26, 2024             /s/ Conor Wilson
                                         CONOR WILSON, ESQ.
                                         Assistant Federal Public Defender
                                         800 King Street, Suite 200
                                         Wilmington, DE 19801
                                         (302) 573-6010
                                         de_ecf@fd.org

                                         Attorneys for Kyle Stevens




                                         6


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