Sentencing Memorandum — USA v. Breault et al (Dkt. 58, E.D.N.Y.)

Summary

The government's December 2, 2024 sentencing letter to Judge Rachel P. Kovner in United States v. Kelly McDermott, filed as Document 58 in Case 1:23-cr-00158-RPK in the U.S. District Court for the Eastern District of New York. It states that McDermott pleaded guilty on July 25, 2024, a plea the Court has not yet accepted, to conspiracy to defraud the United States under 18 U.S.C. § 371, and that her practice, Sage-Femme Midwifery PLLC, distributed more than 2,600 fraudulent COVID-19 vaccination cards. The government argues that McDermott managed or supervised the conduct, had Kathleen Breault and Sherilynn Pellitteri handle fake card distribution and sent individuals to Pellitteri, and that role and abuse of trust enhancements apply; it gives the advisory Guidelines range as 10 to 16 months. It asks for 36 months' imprisonment, restitution of $37,414.40 and a fine.

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