Judgment in a Criminal Case — United States v. Keorie Smith, Eastern District of Wisconsin (Dkt. 766)

Summary

A Judgment in a Criminal Case in United States v. Keorie Smith, Case Number 23-CR-77-25-JPS, in the U.S. District Court for the Eastern District of Wisconsin, imposed February 14, 2025 and filed as Document 766 in Case 2:23-cr-00077-JPS. Smith pled guilty to Count One, mail fraud conspiracy, and Count Forty-Three, being a felon in possession of a firearm; Counts Twenty-Two, Twenty-Nine, and Thirty-Six are dismissed as to Smith. The court imposes a total term of Thirty (30) months of imprisonment, concurrent with the sentence in Milwaukee County Circuit Court Case No. 2016CF002346, and Four (4) years of supervised release. It orders a $200.00 special assessment, waives the fine, orders restitution of $52,298.00 to the California Employment Development Department, and orders forfeiture of a Glock 27 .40 caliber handgun.

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Cite this document

“Judgment in a Criminal Case — United States v. Keorie Smith, Eastern District of Wisconsin (Dkt. 766).” Original at ecf.wied.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-usa-v-bowman-et-al-dkt-766-3e66d1074a/, SHA-256 4475aaeca419209d463a4c6fea463134b0c4f6acf05f0e2da584d00a1899b03e.

Full text

AO 245B (Rev.06/05) Sheet 1 – Judgment in a Criminal Case

United States District Court
Eastern District of Wisconsin

UNITED STATES OF AMERICA
JUDGMENT IN A CRIMINAL CASE
V. Case Number: 23-CR-77-25-JPS
Marshal Number: 61411-510
KEORIE SMITH

Lew Wasserman Laura Kwaterski
Defendant’s Attorney Assistant United States Attorney

THE DEFENDANT:
Pled guilty to Counts One and Forty-Three of the Indictment.

Title & Section Nature of Offense Date Concluded Count

18 U.S.C. §§ 1341, 1349,
Mail Fraud Conspiracy February 2022 One
and 2(a)

Being a Felon in
18 U.S.C. §§ 922(g)(1)
Possession of a April 21, 2023 Forty-Three
and 924(a)(8)
Firearm

The defendant is sentenced as provided in sheets 2 through 6 of this judgment. The sentence is
imposed pursuant to the Sentencing Reform Act of 1984.

IT IS ORDERED that Counts Twenty-Two, Twenty-Nine, and Thirty-Six of the
Indictment/Information be and the same are hereby DISMISSED as to the defendant.

IT IS ORDERED that the defendant shall notify the United States Attorney for this district within
30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and
special assessments imposed by this judgment are fully paid.

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 1 of 9 Document 766
AO 245B (Rev.06/05) Sheet 1 – Judgment in a Criminal Case

Date Sentence Imposed: February 14, 2025

______________________________

J. P. Stadtmueller
U.S. District Judge

Date Judgment Signed: February 14, 2025

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 2 of 9 Document 766
AO 245B (Rev.06/05) Sheet 2 – Imprisonment Judgment Page 3 of 9
Defendant: Keorie Smith
Case Number: 23-CR-77-25

IMPRISONMENT

The defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for
a term of Thirty (30) months as to Count One of the Indictment and a term of Thirty (30) months as to
Count Forty-Three of the Indictment, to operate to run concurrently with one another for a total term
of imprisonment of Thirty (30) months, and which shall operate to run concurrently with the sentence
that the defendant is currently serving in Milwaukee County Circuit Court Case No. 2016CF002346.

The Court makes the following recommendations to the Bureau of Prisons:

(1) that the defendant be considered for incarceration at a federal facility in or near
the State of Texas.

The defendant is remanded to the custody of the U.S. Marshal.

RETURN

I have executed this judgment as follows:

Defendant delivered on _____________ to ______________ at ______________, with a certified
copy of this judgment.

____________________
United States Marshal

By: ____________________
Deputy U.S. Marshal

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 3 of 9 Document 766
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 4 of 9
Defendant: Keorie Smith
Case Number: 23-CR-77-25

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of
Four (4) years as to Count One of the Indictment and a term of Three (3) years as to Count Forty-Three
of the Indictment, to operate to run concurrently with one another, for a total term of supervised release
of Four (4) years.

The Court recommends that the defendant be released into supervised release in or near the
State of Texas.

The defendant shall comply with the following special conditions:

1. Within 72 hours of release from the custody of the Bureau of Prisons, the defendant shall report
in person to his supervising probation officer in the district to which the defendant has been
released.
2. The defendant shall not commit another federal, state, or local crime.
3. The defendant shall not possess any firearms or other dangerous weapons.
4. Pursuant to the Violent Crime Control and Law Enforcement Act of 1996, the defendant shall
not illegally possess or unlawfully use any controlled substance.
5. The defendant is to participate in a program of testing to include not more than six urinalysis
screens per month together with residential or outpatient treatment for drug and/or alcohol
abuse, as approved by his supervising probation officer, until such time as he is released from
such program. The defendant shall pay the cost of this program under the direction of his
supervising probation officer. The defendant is to refrain from the excessive use of alcohol,
defined as having a blood alcohol concentration of greater than .08, throughout the supervised
release term.
6. The defendant must reside at a residence approved by his supervising probation officer.
7. The defendant shall use his best efforts to secure lawful full-time employment and support his
dependents.
8. The defendant shall notify his supervising probation officer at least ten days prior to any change
in the place of his residence or employment. When such notification is not possible, the
defendant shall notify his supervising probation officer within 72 hours of the change.
9. The defendant shall notify his supervising probation officer within 72 hours of being arrested or
questioned by a law enforcement officer.
10. The defendant shall follow the reasonable instructions of his supervising probation officer and
answer all inquiries of such officer subject to the defendant’s Fifth Amendment right against
self-incrimination.
11. The defendant shall permit his supervising probation officer to visit him at reasonable times at
home, or such other location as may be mutually agreed upon and shall permit confiscation of
any contraband observed in plain view by his supervising probation officer.
Case 2:23-cr-00077-JPS Filed 02/14/25 Page 4 of 9 Document 766
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 5 of 9
Defendant: Keorie Smith
Case Number: 23-CR-77-25
12. The defendant shall not associate with any persons known by him to be engaged or planning to
be engaged in criminal activity. “Associate” as used here means to communicate, meet, reside,
socialize, or otherwise interact with such person.
13. The defendant shall not knowingly leave the judicial district to which he has been released
without the permission of the Court or his supervising probation officer.
14. The defendant shall not enter into any agreement to act as an informer or special agent of a law
enforcement agency without the prior approval of the Court.
15. The defendant is to pay the restitution that the Court has ordered at a rate of not less than $100.00
per month. Any interest on the restitution is waived. The defendant will also apply 100 percent
of any annual federal and/or state tax refund(s) toward the payment of any restitution balance.
The defendant shall not change exemptions claimed for either federal or state income tax
purposes without prior notice to his supervising probation officer.
16. The defendant shall not open any new lines of credit, which includes the leasing of any vehicle
or property, or use existing credit resources without the prior approval of his supervising
probation officer. After the defendant’s Court-ordered financial obligations have been fully
satisfied, this condition will no longer remain in effect.
17. The defendant is to provide access to all financial information requested by his supervising
probation officer including, but not limited to, copies of all federal and state income tax returns.
All tax returns shall be filed in a timely manner. The defendant shall also submit monthly
financial reports to his supervising probation officer.
18. The defendant shall participate in a Cognitive Intervention Program as may become available
under the direction of his supervising probation officer. Subject to the defendant’s ability to pay,
he shall pay the cost of such program under the direction of his supervising probation officer.
19. The defendant shall participate in a mental health treatment program and shall take any and all
prescribed medications as directed by the treatment provider and participate in any
psychological/psychiatric evaluation(s) and counseling as approved by his supervising
probation officer. Subject to the defendant’s ability to pay, he shall pay the cost of such treatment
under the direction of his supervising probation officer.
20. The defendant shall submit his person, property, residence, office, and/or any electronic
communication or data storage device, including a computer as defined in 18 U.S.C. § 1030(e)(1),
to a search conducted at a reasonable time and in a reasonable manner by his supervising
probation officer. Failure to submit to a search may constitute grounds for revocation of the
defendant’s term of supervised release. The defendant shall notify any other occupants that the
premises may be subject to a search pursuant to this condition. Any search may be conducted
only when reasonable suspicion exists that the defendant has violated the conditions of his
supervised release and that the areas to be searched may contain evidence of such violation(s).

In accordance with the recent decisions by the United States Court of Appeals for the Seventh

Circuit in United States v. Siegel, 753 F.3d 705 (7th Cir. 2014), United States v. Thompson, 777 F.3d 368

(7th Cir. 2015), United States v. Kappes, 782 F.3d 828 (7th Cir. 2015), United States v. Downs, 784 F.3d

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 5 of 9 Document 766
AO 245B (Rev.06/05) Sheet 3 – Supervised Release Judgment Page 6 of 9
Defendant: Keorie Smith
Case Number: 23-CR-77-25
1180 (7th Cir. 2015), United States v. Poulin, 809 F.3d 924 (7th Cir. 2016), United States v. Ortiz, 817

F.3d 1180 (7th Cir. 2016), United States v. Hill, 818 F.3d 342 (7th Cir. 2016), and their progeny, the

Court withheld imposition of any additional conditions of supervised release. The Court concluded

that such additional conditions, if any, are best left for further consideration at such time as the

defendant may become eligible for release from the custodial portion of the Court’s sentence.

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 6 of 9 Document 766
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 7 of 9
Defendant: Keorie Smith
Case Number: 23-CR-77-25

CRIMINAL MONETARY PENALTIES

The defendant shall pay the following total criminal monetary penalties in accordance with the
schedule of payments set forth on Sheet 6.

Special Assessment Fine Restitution

Totals: $200.00 Waived $52,298.00

FINE

Based upon the defendant’s limited financial resources, the Court determines that the defendant
does not have the financial ability to pay a fine within the guidelines range. The Court determines that
the defendant does not have the financial ability to pay the interest on the fine, costs of incarceration,
costs of community confinement, and supervision, and therefore waives the interest on the fine, costs
of incarceration, costs of community confinement, and supervision in this case.

A waiver of the cost of community confinement does not preclude the Bureau of Prisons from
imposing a subsistence fee of up to twenty-five percent (25%) of gross income, based on ability to pay,
for any portion of the sentence spent in a community correctional facility.

RESTITUTION

The defendant shall pay restitution in the amount listed below. Interest on the restitution is
waived. Restitution payments shall be made to the Clerk of the Court—362 U.S. Courthouse, 517 E.
Wisconsin Avenue, Milwaukee, Wisconsin 53202—who shall disburse restitution payments to the
following payee:

PAYEE AMOUNT
California Employment Development
Department
EDD Legal, MIC 53 $52,298.00
ATTN: FREDD
P.O. Box 826880
Sacramento, CA 94280-0001

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 7 of 9 Document 766
AO 245B (Rev.06/05) Sheet 5 – Criminal Monetary Penalties Judgment Page 8 of 9
Defendant: Keorie Smith
Case Number: 23-CR-77-25
FORFEITURE

The defendant shall forfeit the defendant’s interest in the following property to the United States: a
Glock 27 .40 caliber handgun, bearing serial number RFY004, with an extended magazine.

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 8 of 9 Document 766
AO 245B (Rev.06/05) Sheet 6 – Schedule of Payments Judgment Page 9 of 9
Defendant: Keorie Smith
Case Number: 23-CR-77-25

SCHEDULE OF PAYMENTS

Payments shall be applied in the following order: (1) assessment, and (2) restitution.

If this judgment imposes a period of imprisonment, payment of the criminal monetary penalties
shall be due during the period of imprisonment. All criminal monetary penalty payments, except those
payments made through the Bureau of Prisons Inmate Financial Responsibility Program are to be made
as directed by the Court, the defendant’s supervising probation officer, or the United States Attorney.

Case 2:23-cr-00077-JPS Filed 02/14/25 Page 9 of 9 Document 766

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