Penalty Certification — United States v. Dennis Rodriguez Kinchen et al., Southern District of Georgia
Summary
A penalty certification filed August 26, 2022 as Document 47 in United States v. Dennis Rodriguez Kinchen, Sherman Levon Scott, Angel Amaral, Jacqueline Somesso and Tony Heldore, Indictment No. 4:22-cr-114, in the U.S. District Court for the Southern District of Georgia, Savannah Division. The caption lists charges including drug conspiracy under 21 U.S.C. § 846, firearms counts, false claims under 18 U.S.C. § 287, bank fraud under 18 U.S.C. § 1344 and money laundering conspiracy under 18 U.S.C. § 1956(h). The certification sets out the maximum penalties for each count, including not more than 30 years and a fine of not more than $1,000,000 for bank fraud in Count 8, and not more than 5 years for false claims in Count 10. It is signed s/ Marcela C. Mateo, Assistant United States Attorney, for United States Attorney David H. Estes.
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“Penalty Certification — United States v. Dennis Rodriguez Kinchen et al., Southern District of Georgia.”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/indictment-no-4-22-cr-00114-dkt-47-7ec709e462/
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Case 4:22-cr-00114-RSB-CLR Document 47 Filed 08/26/22 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
UNITED STATES OF AMERICA ) INDICTMENT NO. 4:22-cr-114
)
v. ) 21 U.S.C. § 846
) Conspiracy to Possess With
DENNIS RODRIGUEZ KINCHEN, ) Intent to Distribute and to
SHERMAN LEVON SCOTT, ) Distribute Controlled
ANGEL AMARAL, ) Substances (Cocaine,
JACQUELINE SOMESSO, ) Methamphetamine, Cocaine
TONY HELDORE ) Base, Heroin, Marijuana)
)
) 21 U.S.C. § 841(a)(1)
) Possession with Intent to
) Distribute and Distribution a
) Controlled Substances
) (Cocaine, Methamphetamine,
) Cocaine Base, and Heroin)
)
) 21 U.S.C. § 856(a)(1)
) Maintaining Drug-Involved
) Premises
)
) 18 U.S.C. § 924(c)
) Possession of a Firearm in
) Furtherance of a Drug
) Trafficking Offense
)
) 18 U.S.C. § 922(g)
) Possession of a Firearm by a
) Prohibited Person
)
) 18 U.S.C. § 287
) False, Fictitious, or Fraudulent
) Claims
)
) 18 U.S.C. § 1344
) Bank Fraud
)
) 18 U.S.C. § 1956(h)
) Conspiracy to Launder Money
)
) 18 U.S.C. § 2
) Aiding and Abetting
Case 4:22-cr-00114-RSB-CLR Document 47 Filed 08/26/22 Page 2 of 5
AMEDNDED PENALTY CERTIFICATION
The undersigned Assistant United States Attorney hereby certifies that the
maximum penalties for the offenses charged in the Indictment are as follows:
Count 1:
Conspiracy to Possess with Intent to Distribute and to Distribute
Controlled Substances
21 U.S.C. § 846
• Imprisonment of not less than 10 years or more than life;
• Fine of not more than $10,000,000;
• Supervised release term of at least 5 years;
• $100 special assessment.
Counts 2-4:
Maintaining Drug-Involved Premises
21 U.S.C. § 856(a)(1)
• Imprisonment of not more than 20 years;
• Fine of not more than $500,000;
• Supervised release term of not more than 3 years;
• $100 special assessment.
Counts 5-7, 9, 12, 15:
Possession with Intent to Distribute a Controlled Substance (28 grams or
more of cocaine base, 500 grams of more of cocaine)
21 U.S.C. § 841(a)(1)
• Imprisonment of not less than 5 years, not more than 40 years;
• Fine of not more than $5,000,000;
• Supervised release term of at least 4 years;
• $100 special assessment.
Count 8:
Bank Fraud
18 U.S.C. § 1344
• Imprisonment of not more than 30 years;
• Fine of not more than $1,000,000;
• Supervised release term of not more than 5 years;
• $100 special assessment.
Case 4:22-cr-00114-RSB-CLR Document 47 Filed 08/26/22 Page 3 of 5
Count 10:
False, fictitious or fraudulent claims
18 U.S.C. § 287
• Imprisonment of not more than 5 years;
• Fine of not more than $250,000;
• Supervised release term of not more than 3 years;
• $100 special assessment.
Count 11:
Conspiracy Money Laundering
18 U.S.C. § 1956
• Imprisonment of not more than 20 years;
• Fine of not more than $500,000, or twice the value of the property
involved in the transaction, whichever is greater;
• Supervised release term of not more than 3 years;
• $100 special assessment.
Count 13:
Possession of Firearm in Furtherance of a Drug Trafficking Crime
18 U.S.C. § 924(c)
Consecutive to any other sentence:
• Imprisonment of not less than 5 years, not more than life;
• Fine of not more than $250,000,
• Supervised release term of not more than 5 years;
Count 14:
Prohibited Person in Possession of Firearm(s)
18 U.S.C. § 922(g)(1)
• Imprisonment for not more than 10 years;
• Fine of not more than $250,000;
• Supervised release term of not more than 3 years;
• $100 special assessment.
*However, should defendant be found to have three previous convictions for a violent
crime or serious drug offense, or both, committed on occasions different from one
another, the term of imprisonment would be not less than fifteen years, a fine not more
than $250,000, not more than five years of supervised release and a $100 special
assessment. 18 U.S.C. §924(e).
Case 4:22-cr-00114-RSB-CLR Document 47 Filed 08/26/22 Page 4 of 5
Respectfully submitted,
DAVID H. ESTES
UNITED STATES ATTORNEY
s/ Marcela C. Mateo
Marcela C. Mateo
Assistant United States Attorney
Case 4:22-cr-00114-RSB-CLR Document 47 Filed 08/26/22 Page 5 of 5
CERTIFICATE OF SERVICE
This is to certify that I have on this day served all the parties in this case in
accordance with the notice of electronic filing (“NEF”) which was generated as a result
of electronic filing in this Court.
Submitted this 26th day of August 2022.
DAVID H. ESTES
UNITED STATES ATTORNEY
s/ Marcela C. Mateo
Marcela C. Mateo
Assistant United States Attorney
Georgia Bar No. 397722
22 Barnard Street, Suite 300
Savannah, Georgia 31401
Telephone: (912) 652-4422
Facsimile: (912) 652-4991
E-mail: marcela.mateo@usdoj.gov
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