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Opinion — No. 2:24-cr-00305 (Dkt. 58, M.D. Ala.)

Summary

Opinion of March 21, 2025 by Judge Myron H. Thompson in the U.S. District Court for the Middle District of Alabama, United States v. Tametria Conner Dantzler, case 2:24-cr-00305, Document 58. Dantzler pleaded guilty to wire fraud under 18 U.S.C. § 1343 and money laundering under 18 U.S.C. § 1957, with a guidelines range of 57 to 71 months, and moved for a downward variance to probation based primarily on her family caregiving responsibilities, which the government opposed. The court decides to vary downward but finds that probation with no incarceration would not be appropriate, and it delays the start of the term to allow care arrangements. It also orders payment of $ 927,338.47 plus a special assessment of $ 200.

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“Opinion — No. 2:24-cr-00305 (Dkt. 58, M.D. Ala.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/opinion-no-2-24-cr-00305-dkt-58-m-d-ala-60cbc1cc1f/, SHA-256 5760c2843081947a7c96e46976ac160d0379e127b57fd1c7efb909caa3e97117.

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  Case 2:24-cr-00305-MHT-SMD   Document 58    Filed 03/21/25   Page 1 of 32




  IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

       MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION


UNITED STATES OF AMERICA           )
                                   )         CRIMINAL ACTION NO.
       v.                          )            2:24cr305-MHT
                                   )                 (WO)
TAMETRIA CONNER DANTZLER           )

                               OPINION

      Defendant Tametria Conner Dantzler pleaded guilty to

a two-count information, one count charging wire fraud

in violation of 18 U.S.C. § 1343 and the other charging

money laundering in violation of 18 U.S.C. § 1957.                       Her

Sentencing Guidelines incarceration range is 57 to 71

months.     Dantzler moved for a downward variance to a

sentence of probation, based primarily on the impact her

incarceration and the attendant loss of caregiving would

have on her four children, who range in age from one to

11.   Two have been diagnosed with autism and a third with

a developmental disability, and Dantzler is the primary

caregiver for all four.             The government opposes the

motion.     Dantzer’s sentencing was suspended so that the
  Case 2:24-cr-00305-MHT-SMD      Document 58     Filed 03/21/25    Page 2 of 32




parties     could       file    briefs         addressing      the       evidence

presented on the motion at the sentencing and so that the

court could then deliberate on the motion.

      For   the   following       reasons,        the    court       will      vary

downward, but finds that a sentence of probation with no

incarceration would not be appropriate.



                                     I.

      In determining a criminal sentence, district courts

generally proceed in three steps.                  First, they calculate

the sentencing range according to the sentencing table

promulgated by the United States Sentencing Commission.

See   United      States       Sentencing        Commission,         Guidelines

Manual § 1B1.1(a) (Nov. 2024) (U.S.S.G.).                          Second, they

look to relevant policy statements from the Commission

to determine whether the specific characteristics of the

offender    and     the    details        of    the    offense       warrant        a

modification       to     the    sentencing           range.       See   id.       at


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§ 1B1.1(b).     And, third, they independently determine an

appropriate sentence in light of the factors set out in

18 U.S.C. § 3553(a). See id. at § 1B1.1(c); see also

United States v. Booker, 543 U.S. 220, 259-60, 125 S.Ct.

738 (2005).     At this final step, if the court finds it

necessary to impose a sentence “outside the guidelines

framework,”     the    sentence        is    termed     a      “variance.”

U.S.S.G. § 1B1.1, cmt. (backg'd.).                Adjustments to the

sentence made at step two, on the other hand, are referred

to as “departures.”       Id. at § 1B1.1, cmt. n.1(F).

    Section 3553(a)        requires         courts     to      impose         “a

sentence sufficient, but not greater than necessary, to

comply with the purposes set forth in paragraph (2)” of

that subsection. Those purposes are “the need for the

sentence imposed—"

    “(A) to reflect the seriousness of the offense,
    to promote respect for the law, and to provide
    just punishment for the offense;

    “(B) to afford adequate deterrence to criminal
    conduct;

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    “(C) to protect the public from further crimes
    of the defendant; and

    “(D) to provide the defendant with needed
    educational or vocational training, medical
    care, or other correctional treatment in the
    most effective manner....”

18 U.S.C. § 3553(a)(2).              The court must also consider

“the nature and circumstances of the offense and the

history     and       characteristics            of     the        defendant,”

§ 3553(a)(1),         “the   kinds        of     sentences         available,”

§ 3553(a)(3), “the kinds of sentence and the sentencing

range”    for     the   offense       under       the    U.S.      Sentencing

Guidelines,       §     3553(a)(4),            “any     pertinent        policy

statement”      issued       by     the        Sentencing          Commission,

§ 3553(a)(5), “the need to avoid unwarranted sentence

disparities among defendants with similar records who

have been found guilty of similar conduct,” § 3553(a)(6),

and “the need to provide restitution to any victims of

the offense,” § 3553(a)(7).



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    Therefore, the Guidelines are only “one factor among

several    courts      must     consider      in     determining             an

appropriate sentence.” Kimbrough v. United States, 552

U.S. 85, 90, 128 S.Ct. 558 (2007).                  While Guidelines

sentences generally should approximate the § 3553(a)

factors, trial courts may, in the course of an individual

sentencing, vary at the third step above because “the

case at hand falls outside the ‘heartland’ to which the

Commission intends individual Guidelines to apply” or

that “the Guidelines sentence itself fails properly to

reflect § 3553(a) considerations.” Rita v. United States,

551 U.S. 338, 351, 127 S.Ct. 2456 (2007).

    To be sure, a sentencing court has considerable

discretion in determining an appropriate sentence, but

the sentence must still be reasonable. See United States

v. Irey, 612 F.3d 1160, 1188-89 (11th Cir. 2010).




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                                       II.

    The court now turns to the application of the above

principles.



                                  A.

    Dantzler’s base offense level is seven, but she

received a significant bump in offense level due to the

amount of loss to the government and the application of

multiple    specific      offense       characteristics.              After

adjustments for acceptance of responsibility and for

having zero criminal history points, her total offense

level was 25.     As her criminal history category is I, her

resulting    guideline     imprisonment       range      is     57   to       71

months.    This puts her in Zone D of the sentencing table,

which requires a sentence of incarceration.                   See U.S.S.G.

§ 5C1.1(f).

    Dantzler seeks a variance based principally on the

impact her incarceration would have on her children.                          In


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evaluating Dantzler's request for a variance, the court

consulted the policy statement issued by the Sentencing

Commission on the appropriate impact of family ties and

responsibilities in sentencing: U.S.S.G. § 5H1.6.                        See

also 18 U.S.C. § 3553(a)(5).             Although this statement

applies most clearly in the context of departures, the

court found the reasoning behind it pertinent to its

consideration of a variance.           Indeed, the court has often

looked to the Commission's policy statements concerning

departures     when    considering       whether      a       variance        is

appropriate. See, e.g., United States v. Ferguson, 942

F. Supp. 2d 1186, 1194 (M.D. Ala. 2013) (Thompson, J.);

United States v. Flowers, 946 F. Supp. 2d 1295, 1299

(M.D. Ala. 2013) (Thompson, J.); United States v. Todd,

618 F. Supp. 2d 1349, 1353 (M.D. Ala. 2009) (Thompson,

J.).

       The Guidelines policy statement on family ties and

responsibilities, § 5H1.6, provides that “family ties and


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responsibilities       are       not     ordinarily          relevant          in

determining     whether      a    departure      may    be      warranted.”

U.S.S.G. § 5H1.6.         However, the commentary to § 5H1.6

authorizes a departure “based on loss of caretaking or

financial support” in extraordinary cases.                   Id. cmt. n.1.

A court deciding whether to grant such a departure must

consider, among other things, the “seriousness of the

offense,” and must find the following four circumstances:

    “(i)     The defendant's service of a sentence
    within the applicable guideline range will cause
    a substantial, direct, and specific loss of
    essential caretaking, or essential financial
    support, to the defendant's family.

    “(ii)     The loss of caretaking or financial
    support    substantially   exceeds    the   harm
    ordinarily incident to incarceration for a
    similarly situated defendant. For example, the
    fact that the defendant's family might incur
    some degree of financial hardship or suffer to
    some extent from the absence of a parent through
    incarceration is not in itself sufficient as a
    basis for departure because such hardship or
    suffering is of a sort ordinarily incident to
    incarceration.

    “(iii)   The loss of caretaking or financial
    support is one for which no effective remedial

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    or   ameliorative   programs   reasonably   are
    available, making the defendant's caretaking or
    financial   support   irreplaceable    to   the
    defendant's family.

    “(iv)   The departure effectively will address
    the loss of caretaking or financial support.”

Id. cmt. n.1(B).1



                                  B.

    Applying the above principles, the court finds that

Dantzler committed very serious offenses.                She defrauded

the government by using false information to obtain loans

and grants from pandemic-relief programs.                     Her guilty

plea related to an application for an Economic Injury




    1. Though Dantzler did not request a departure under
this provision, the court considered granting her a
departure under this provision and exercised its
discretion not to do so.     But, in the absence of the
variance granted, the court would then have departed
downward so as to impose the same sentence imposed today.



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Disaster Loan that contained false information about the

applicant organization’s date of establishment, number

of employees, revenues, and sales.                   After receiving a

loan of $ 48,000 for the organization, she laundered the

funds by moving them from her bank account to another

account.       She then used the funds to pay off a home

mortgage and her husband’s car loan.                  But her relevant

conduct    went      well   beyond    that.     She     also     submitted

fraudulent loan and grant applications on behalf of a

legitimate non-profit organization she had founded and

for family and friends in Mississippi.                She falsified the

number    of    employees     and   payroll     of    organizations        to

increase the amount of funds they would receive, and

exchanged false “payroll checks” in an effort to hide the

fraud.         She   also   received     “consulting           fees”    from

individuals associated with organizations she assisted.

She used the proceeds of the fraud to buy multiple

residential properties, with the intent of renting them


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out as low-income housing.              She obtained a total of

approximately $ 927,338.47 in pandemic-relief funds for

the organizations associated with her or her husband

based   on   fraudulent       applications.        In    addition,        the

others she assisted in submitting fraudulent applications

resulted      in    another       $ 1,049,864           in     fraudulent

pandemic-relief loans.          In short, she committed frauds

approaching a total of two million dollars.

    Her      offenses,    therefore,         resulted         in   a    very

significant loss to the government and taxpayers.2                     Given

the size of the loss, a sentence of incarceration is

warranted for both deterrence and punishment.                          Also,

there is the important factor of fairness to others who

have committed fraudulent offenses of similar enormity

and circumstances and who would, in general, likely have




    2. There is no indication that her offense involved
her children or placed her children or family in danger
of violence. However, it appears that some of her adult
relatives and her husband might have been involved.
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received or would be looking at significant sentences as

well.



                                          C.

       The other significant factor the court must consider

is the impact of a Guidelines sentence on Dantzler’s

children.       The court has before it the testimony of Dr.

Tyler Whitney and the supplemental declarations under

penalty of perjury submitted by Whitney and Dantzler’s

soon-to-be ex-husband.           Dantzler, who is the process of

a divorce, lives alone with her four children who are

ages one, three, five, and 11. She homeschools the oldest

two children, both of whom have been diagnosed with

autism.      The three-year old has also been diagnosed with

a     developmental       disability           that    resembles         autism.

Dantzler is nursing the one-year-old.

       Dantzler’s     11-year-old,         C.,     has    autism        spectrum

disorder      with    level-two      support          needs,       as   well    as


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intellectual disability.3         His developmental age is half

to a third lower than his chronological age of 11, but

he is tall for his age, weighs approximately 200 pounds,

and looks like a teenager.         He lacks impulse control and

self-regulation and has a low frustration tolerance.                       He

does not understand “if-then thinking.”                       If he wants

something,    he   continues     to    ask    for     it      and   becomes




    3. There are three support levels in people with
autism. Level one support is for people with very mild
cases, who may simply need some assistance with certain
social interaction skills. People with level-two support
needs   cannot   work   or   complete   assigned    tasks
independently at home or at school.     They often leave
the task they are working on, whether it be eating
breakfast, getting dressed, or schoolwork.      They are
easily distracted by things that would not distract
people without the condition, due to their unique
perception. They need a familiar person and a familiar
environment in order to learn, and if either of these is
not present, it is very difficult for them to be taught
or learn. Their behavior is socially inappropriate, and
they push for their needs to be met regardless of the
circumstances. A person with level-three support needs
often has no language ability or no viable language and
requires 24-hour visual supervision.


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increasingly frustrated and dysregulated until he gets

what he wants.      When he is dysregulated, he uses a loud

and commanding voice and engages in quick, unpredictable,

agitated movements.           His language breaks down and he

engages in ritualistic and repetitive language.

    As Whitney testified, when there is disruption in

their routine, children with autism become dysregulated

and are not able to calm themselves. Children with autism

have a primary “person.”           If there is a disruption in

their routine, they look for “their person” to make sense

of that disruption.           If their person is removed for a

significant period of time, they can lose skills that

they have gained in the past, such as toileting, and can

begin escaping or acting out aggressively.                    The extent

and permanence of the damage depends in part on the

child’s unique characteristics, age, and whether they are

in a critical developmental period.




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    Dantzler is C.’s “person,” and he relies on her to

make sense of the world and for his sense of security.

He has a very difficult time being separated from his

mother.   When she showers, he sits outside the bathroom

door knocking and saying “Mom” to reassure himself that

she is in there.

    When he attended public school previously, he was

bullied and came home with “marks” on him.                    Dantzler was

unsatisfied with the explanations she received from the

school and felt school staff could not guarantee his

safety, so she began homeschooling him, using an online

academy for curriculum.          According to Dr. Whitney, C.

requires “hand over hand,” or one-on-one, teaching to

provide   constant    reminders        of   what    he   needs      to    do.

Educating C. takes a very in-depth knowledge of what he

can tolerate and what he cannot, because if pushed too

hard, he may shut down or have a meltdown.                    Dantzler has

obtained the training necessary to do so.


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    Dantzler     has   educated        herself   extensively         about

autism.   She took C. to specialists to be diagnosed when

local doctors initially minimized his symptoms, and she

arranged for him to receive early intervention plans,

occupational therapy, social skills training, and applied

behavior analysis.

    Dr. Whitney opined that Dantzler’s caretaking of C

is “irreplaceable.”      Were Dantzler taken out of his life,

the transition for him would likely be “incredibly rough”

with a noticeable increase in his autism behaviors, and

the damage he would likely suffer would be permanent

because   the    important      developmental         window       he    is

currently in would have passed.             Whitney testified that

he would expect to see a “dramatic and severe” impact on

C. if Dantzler were incarcerated, including “profound

decompensation” of skills he has learned and regression

in behavior.      Given C.’s size, Whitney also expressed

concern that he could become physically destructive.                    And


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he expected damage to C. regardless of the length of

incarceration.

     Dantzler’s second oldest child, A., who is five years

old, also has autism with level-two support needs, as

well as attention deficit disorder, combined type.                         A.

has a delayed understanding of personal space and is very

distractable and impulsive.            A. constantly makes noise,

pushes boundaries, and engages in risky activity such as

climbing and jumping from one piece of furniture to

another if not stopped from doing so, and has a tendency

to elope, or run away.         Dantzler has enrolled A. in an

electronic-monitoring program for individuals who tend

to elope, which allows local law enforcement to locate

them if necessary.        Dantzler has been homeschooling A.

as well.     Dantzler arranged for him to receive early

intervention plans, occupational therapy, social skills

building, and applied behavior analysis, and he continues

to   need   the   last   three.        Dr.    Whitney         opined    that


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Dantzler’s care of A. is irreplaceable, and that A. is

likely to experience regression in his behavior and may

shut down to learning if she is incarcerated.                   However,

he felt it likely that A. could overcome losses over time

due to his age, unlike C.

    Dantzler’s third child, L., who is three years old,

has been diagnosed with developmental delays.                     She has

symptoms similar to autism spectrum disorder, including

disturbance     of    skin      sensation,        atypical        sensory

responding, and speech-language issues. According to Dr.

Whitney, it is possible that L. will be diagnosed with

autism in the future, and he noted that it is quite

difficult to diagnose autism in young girls.                 He believes

the child would have a difficult time with Dantzler being

sent to prison because she has imprinted on Dantzler.                    L.

is in a window of opportunity for growth that “quite

possibly” would be lost, causing permanent damage to the

child.


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      Overall, while Dr. Whitney predicted the impact on

the three children of Dantzler’s being taken out of their

lives would be “devastating,” her absence would not be

devastating no matter the extent of that absence.                         For

example, Whitney explained that, as to C., “[I] can't

speak to any amount of time precisely,” and then went on

to explain that “her being away from him even for a day

would cause difficulty for C,” that his mother “being

gone say 12 months” would cause a “lot of difficulty,”

and   that   “5     years”    would    cause      “Five        times      the

difficulty.”      In short, the extent of the negative impact

of her absence on each of her children depends on the

length of that absence.

      Dantzler’s    soon-to-be     ex-husband       is       not   able    to

replace her.       He works full-time at a ‘warehouse club’

store driving a forklift and stocking shelves; he cannot

homeschool the children or care for the two youngest

during the day.      Even if he were to send the two older


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children back to public school and the two youngest to

daycare, he does not remain alone with the children for

more than a couple of hours, and his current role is

limited   to   driving     them     to    and      from     treatment       and

visiting with them in Dantzler’s home.                    Dantzler is the

parent who has cared for the children and knows how to

provide    the     specialized           care      needed        for     their

disabilities.    When they are with their father, the older

children constantly ask when their mother will be back.

The father does not understand the children’s diagnoses

or the proper treatment, has not educated himself or

attended any trainings about autism, and says he has

tried to read the paperwork about his children’s autism

but does not understand it.          After interviewing him, Dr.

Whitney   opined    that      the   father       “is      NOT    capable     of

providing independent care for this children ‘C’, age 11,




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‘A’, age 5, and ‘L’, age 3.”          Whitney Suppl. Decl (Doc.

49) at 2.4

    There are no other relatives who could take care of

the children full time.         Dantzler’s parents cannot care

for the children. Her mother has lupus and other ailments

that prevent her from taking custody of the children, and




     4. The government argues that the children’s father
is capable of caring for the children because the divorce
settlement agreement allows him to have custody of the
children over weekends and certain vacations. However,
as the father has never taken sole custody of the children
for a weekend or holiday, the court does not view the
agreement as significant evidence of his capability to
care for the children alone for a lengthy period of time.

    Nevertheless, the court does not want to be
understood as relieving Danzler’s husband from all
responsibility for his children or sanctioning his
current conduct towards his children. The children are
his, and he is responsible for them. The record does not
reflect that he cannot still obtain training and
experience in caring for them on his own, and to make
arrangements with his employer and for school and daycare
as needed. To the extent he still does not personally
step up to help Dantzler care for them, he should still
be held accountable for arranging for someone else to
help Dantzler do so.
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she does not understand how to care for the three children

with disabilities. Dantzler’s father is a commercial

truck driver who cannot stay home with the children.                     Her

parents also live in Mississippi, hours away from Alabama

where   the   children    reside,       so   they     are     not   easily

available to assist the children’s father.                     Dantzler’s

sister lives in Georgia and is unwilling to take the

children.



                                  D.

    In determining whether to vary from a Guidelines

sentence    of   57-71   months,       the   court     is     essentially

confronted with two opposing sets of considerations.5                     On




    5. The Probation Department orally informed the court
that defendants typically serve about 85 % of a sentence
of a year and a day or more. Realistically, therefore,
the court believes that, absent a variance, Dantzler
would likely serve 48-to49 months, for the court would,
absent a variance, impose a bottom-of-the-Guidelines
sentence of 57 months and it is highly likely that she
would be a model prisoner, without infractions.
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the one hand, for the reasons already given, the offenses

that Dantzler committed clearly justify a significant

period of incarceration.         On the other hand, a Guidelines

sentence will significantly affect Dantzler’s children,

and, in particular, C.

    As to the first set of considerations, Dantzler’s

offenses resulted, as stated, in a substantial loss to

the government and taxpayers: nearly two million dollars.

And there is also the important factor of fairness to

others who have committed fraudulent offenses of similar

enormity and with similar circumstances and who would,

in general, likely have received or would be looking at

significant sentences as well.               Moreover, the law could

not be that, no matter what offense Dantzler committed

(one that involves multimillions of dollars or even a

violent one), the circumstances of her children would

always trump.        She cannot live completely outside the

consequences    of    her     actions,   no     matter     how    serious,


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merely because of the circumstances of her children.

Indeed, § 5H1.6 provides that an important factor for the

court to consider is the “seriousness of the offense.”

There must be a point where the nature of one’s conduct

warrants incarceration of some length despite the impact

on one’s family.

    Dantzler’s counsel explains that “Dantzler committed

these offenses in part to acquire income to support her

work as a stay-at-home mother taking care of her special

needs children.”        This may have been the basis for

initiating her fraudulent scheme, but this reason does

not justify stealing almost two million dollars.                     Greed

was still a motivating factor behind her conduct.6




    6. Defense counsel writes that:         “Nor do high
guidelines prohibit departures to probation or accounting
for family circumstances. Undersigned counsel spoke with
Allison Bruning of the Sentencing Resource Counsel with
the Defender Services organization. Ms. Bruning examined
data from the U.S. Sentencing Commission for 2019 to
2023, for cases sentenced under U.S.S.G. § 2B1.1 (as in
this case), with a minimum guideline at or above 57 months
                            24
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    However, the court also concludes that a sentence

within the guideline range “would cause a substantial,

direct, and specific loss of essential caretaking” to

Dantzler's children.          U.S.S.G. § 5H1.6 cmt. n.1(B)(i).

Dantzler is the children’s caretaker, and, particularly

as to C., she is his “person,” and lengthy withdrawal of




(as in this case). There were at least 258 cases in that
data set that received probation, or a time served
sentence. At least 90 of those cases included a reference
to ‘family circumstances’ as a basis for the court’s
decision.”   This evidence, while possibly relevant, is
insufficient here. Defense counsel does not indicate how
many cases were in the universe of cases considered. It
is 328 cases out of how many cases? Is therefore only a
fraction of a percent reflected here, or only 1 % or 10 %
or 20%? Also, defense counsel does not indicate whether
these cases involved “substantial cooperation.”      And,
finally, defense counsel relies on § 2B1.1, but Dantzler
was ultimately sentenced pursuant to U.S.S.G. § 2S1.1,
and defense counsel does not indicate whether this makes
a difference.

    Moreover, it should be noted that it would have been
much more beneficial if such sentencing data had been
presented in a manner that would have allowed the court
(and government counsel) to examine the data itself, pose
questions about the data, and have those questions
answered.
                           25
 Case 2:24-cr-00305-MHT-SMD     Document 58   Filed 03/21/25    Page 26 of 32




her care will result in serious harm to C. and quite

possibly to the other children as well.

    Moreover, the loss of Dantzler’s caretaking would

“substantially exceed[] the harm ordinarily incident to

incarceration      for    a     similarly     situated          defendant.”

U.S.S.G.    § 5H1.6      cmt.     n.1(B)(ii).           A      sentence     of

incarceration within the Guidelines range likely would

do “dramatic and severe” damage to Dantzler’s oldest

child in particular.          Due to his autism and intellectual

disability, the impact of his mother's incarceration on

C. would be far worse than the impact of the loss of a

parent on a child without his disabilities.                     An ordinary

child would experience the loss of love, care, guidance,

and support, but those things could be provided by other

adults.     Children without C.’s disabilities can form

attachments to multiple adults in their lives.                     They can

develop    close   relationships         with     parents,        siblings,

grandparents, relatives, and friends.                    A grandparent,


                                    26
 Case 2:24-cr-00305-MHT-SMD   Document 58   Filed 03/21/25   Page 27 of 32




aunt, or foster parent can step into a parental role and

provide    love,    care,     guidance,       and     support       to       a

non-autistic child just as well as the parent can.                           A

non-autistic child may be traumatized by the parent's

incarceration, but other adults can try to make up for

the loss and can be successful at doing so.                    Moreover,

based on the court's general knowledge, a non-autistic

child could attend widely available therapy to address

the loss of the parent.           But the impact on C. of the

extended destruction of his routine and the loss of his

“person” would likely be severe and permanent, causing a

loss of learning and development that likely could not

be overcome.       This is far worse than the impact on a

non-autistic child.

    Moreover, Dantzler’s caretaking is “irreplaceable”

to C.     U.S.S.G. § 5H1.6 cmt. n.1(B)(iii).                 She is C.’s

“person,” and no one can replace her in that role.

Moreover, the children’s father lacks the training and


                                  27
 Case 2:24-cr-00305-MHT-SMD    Document 58    Filed 03/21/25    Page 28 of 32




knowledge to provide the care C. and the other children

need, and has allowed Dantzler to carry the load of

childcare      almost   singlehandedly.           Dantzler’s          parents

cannot handle the children, and her sister is unwilling

or unable to do so.

      Nevertheless,      as    stated,       while     the      impact      of

Dantzler’s being taken out of her children’s lives would

be “devastating,” her absence would not be devastating

no matter the extent of that absence.                The extent of the

negative impact of her absence on their lives depends on

the   length    of   that     absence.       Moreover,         even    absent

imprisonment, Dantzler would still need to be prepared

for the reasonable possibility that she will be absent,

or unavailable to her children, for an appreciable length

of time (days, weeks, or even months) due to illness or

other   unavoidable      and    unfortunate       circumstances          that

attend one’s life.




                                   28
 Case 2:24-cr-00305-MHT-SMD       Document 58     Filed 03/21/25   Page 29 of 32




       Courts,        including     this        one,     have      repeatedly

recognized       that    a     variance    may    be    appropriate        after

weighing all circumstances, including the impact the loss

of the defendant caretaker would have on ill family

members.        See, e.g., United States v. Spero, 382 F.3d

803,    804     (8th    Cir.     2004)     (upholding       ‘departure’        to

probation based on defendant’s caretaking role in life

of      child      with         developmental          disability          being

indispensable); United States v. Lehmann, 513 F.3d 805,

806 (8th Cir. 2008) (upholding ‘departure’ to probation

to minimize impact of parent’s incarceration on the child

with Asperger’s disorder, ADHD, and post-traumatic stress

disorder); United States v. Gooch, No. 2:20CRcr5-MHT,

2022 WL 1747334 (M.D. Ala. May 31, 2022) (Thompson, J.)

(granting       ‘variance’       downward        because      of    impact     of

Guidelines sentence on defendant’s disabled children);

United States v. Minefield, No. 2:23cr123-MHT, 2024 WL

4227045       (M.D.     Ala.    Sept.     18,    2024)      (Thompson,        J.)


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 Case 2:24-cr-00305-MHT-SMD    Document 58    Filed 03/21/25   Page 30 of 32




(granting    ‘variance’       downward       because      of    impact     of

Guidelines sentence on defendant’s disabled child). With

a variance, the choices for the court are not just

no-imprisonment (that is, for example, probation) versus

57-71 months.      The court has the option of giving less

than 57 months. The court also has the option of weekends

in jail.

      Here, the court finds that a sentence requiring no

incarceration at all would be inappropriate.                        As noted

earlier, Dantzler’s offense was simply too serious to

allow for a sentence of probation, and it is important

for   deterrence    that      she   serve    some     time     in    prison.

Society--and Dantzler--must understand that an offense

like hers results in jail time.              Moreover, incarceration

of a parent always harms children, and some harm to the

children of defendants is a regrettable but inherent part

of incarceration.       The court of course recognizes that

the potential harm to C. and Dantzler’s other children


                                    30
 Case 2:24-cr-00305-MHT-SMD       Document 58   Filed 03/21/25    Page 31 of 32




would be far more severe than that ordinary level of

harm.    Therefore, the court must take on the extremely

difficult task here of striking a balance between the

need    for    punishment     and     deterrence       and       the   need   to

minimize harm to C. and the other children.7

       To balance the need for punishment and deterrence

with the need to minimize harm to Dantzler’s children,

the court will vary downward to the following sentence:

one month of incarceration, to be followed by three years

of supervised release.              As a condition of supervised

release, Dantzler shall also serve one year of weekends

in jail.       In addition, to allow her and the children’s

father    to    prepare     for     her    absence,      the      court    will

postpone the start of her month of incarceration for a




    7. Indeed, sentencings are always difficult when
children are affected. But this sentencing is extremely
difficult because, as discussed earlier, the children
affected are significantly disabled.


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 Case 2:24-cr-00305-MHT-SMD   Document 58    Filed 03/21/25   Page 32 of 32




period of time, with the exact amount to be determined

at the upcoming hearing.            This delay will allow the

children’s father to obtain training and experience in

caring    for    the   children    on    his     own,     and    to    make

arrangements with his employer and for school and daycare

as needed.      In addition, Dantzler will be required to pay

$ 927,338.47, plus a special assessment of $ 200.

       The court finds that the sentence outlined above is

sufficient, but not greater than necessary, to comply

with    the   statutory   purposes      of   sentencing         set   forth

above.

       DONE, this the 21st day of March, 2025.

                                   /s/ Myron H. Thompson
                                UNITED STATES DISTRICT JUDGE




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