Sentencing Memorandum — No. 5:20-cr-04066 (Dkt. 71, N.D. Iowa)

Summary

A two-page Government's Sentencing Memorandum, Document 71, filed 07/06/21 in United States v. Donald Franklin Trosin, No. 20-CR-4066-LTS-KEM, in the U.S. District Court for the Northern District of Iowa, Western Division, by Assistant United States Attorney Timothy L. Vavricek under the court's order at docket no. 67. The government lists no potential witnesses and four potential exhibits: the criminal complaint and an excerpt from the detention hearing in United States v. Sakyi, No. 21-CR-4013-LTS, a quitclaim deed, and an FBI agent report of an attempt to interview the defendant. It frames four issues for sentencing: a two-level enhancement for sophisticated laundering under USSG §2S1.1(b)(3), a two-level enhancement for obstruction under USSG §3C1.1, a special condition requiring a mental health evaluation and treatment, and joint and several restitution.

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Full text

                        IN THE UNITED STATES DISTRICT COURT
                         FOR THE NORTHERN DISTRICT OF IOWA
                                 WESTERN DIVISION

UNITED STATES OF AMERICA,                        )
                                                 )
                   Plaintiff,                    )    No. 20-CR-4066-LTS-KEM
                                                 )
           vs.                                   )
                                                 )
DONALD FRANKLIN TROSIN,                          )
                                                 )
                   Defendant.                    )


                                 GOVERNMENT’S
                            SENTENCING MEMORANDUM

      Pursuant to the Court’s Order (docket no. 67), the government provides the

following information to the Court:

      Potential Witnesses:

      1.         None

      Potential Exhibits:

      1.         Criminal Complaint in United States v. Sakyi, No. 21-CR-4013-LTS

      2.         Excerpt from Detention Hearing in United States v. Sakyi, No. 21-CR-

                 4013-LTS

      3.         Quitclaim Deed

      4.         FBI Agent Report of Attempt to Interview Defendant

      Issues:

      1.         Whether a two-level enhancement for sophisticated laundering is

appropriate, pursuant to USSG §2S1.1(b)(3)?



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      Case 5:20-cr-04066-LTS-KEM Document 71 Filed 07/06/21 Page 1 of 2
        2.       Whether a two-level enhancement is appropriate under USSG §3C1.1,

because defendant obstructed or impeded the administration of justice, or

attempted to do so?

        3.       Whether a special condition requiring defendant to participate in a

mental health evaluation, and to comply with any recommended treatment, is

appropriate?

        4.       Whether a joint and several restitution obligation is appropriate?

         A separate brief is attached to this Sentencing Memorandum.

                                                    Respectfully submitted,

                                                    SEAN R. BERRY
                                                    Acting United States Attorney

                                                    By, /s/ Timothy L. Vavricek

                                                    TIMOTHY L. VAVRICEK
                                                    Assistant United States Attorney
                                                    111 Seventh Avenue, SE, Box 1
                                                    Cedar Rapids, IA 52401
                                                    319-363-6333
  CERTIFICATE OF SERVICE                            319-363-1990 (Fax)
                                                    Tim.Vavricek@usdoj.gov
 I hereby certify that on July 6, 2021, I
 electronically filed the foregoing with the
 Clerk of Court using the ECF system which
 will send notification of such filing to the
 parties or attorneys of record.

 UNITED STATES ATTORNEY

 BY: /s/ TLV

 Copy to:
 Mr. Timothy Herschberger
 USPO




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       Case 5:20-cr-04066-LTS-KEM Document 71 Filed 07/06/21 Page 2 of 2


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