Sentencing Memorandum — USA v. CATALA et al (Dkt. 109, N.D. Fla.)

Summary

The defendant's sentencing memorandum for Clonet Junior Charmant in United States v. Charmant, Case No. 4:21 CR 00036, in the U.S. District Court for the Northern District of Florida, filed March 1, 2022 by defense attorney Eric K. Milles ahead of sentencing scheduled for March 3, 2022. Citing United States v. Booker and 18 U.S.C. § 3553(a), it asks the court to impose the mandatory minimum of 2 years imprisonment without an additional period of imprisonment. The memorandum points to Charmant's acceptance of responsibility, lack of any criminal history, and age of 19 when the involvement began, and states that co-defendants Catala and Ramirez were already engaged in the fraud. It also describes Charmant's high school football record and plans to pursue HVAC skills and a commercial driver's license.

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Cite this document

“Sentencing Memorandum — USA v. CATALA et al (Dkt. 109, N.D. Fla.).” Original at ecf.flnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-usa-v-catala-et-al-dkt-109-n-d-fla-c0000a00fb/, SHA-256 cd6bf79a08efff7deec6c53db6eecde817c39bba8a436b9a028076e0d55a97cb.

Full text

          IN THE UNITED STATES DISTRICT COURT FOR THE
                 NORTHERN DISTRICT OF FLORIDA
                     TALLAHASSEE DIVISION

UNITED STATES OF AMERICA



v.                                            CASE NO.: 4:21 CR 00036

CLONET JUNIOR CHARMANT

          Defendant.
_____________________________________/

              DEFENDANT'S SENTENCING MEMORANDUM

      COMES NOW Defendant, CLONET JUNIOR CHARMANT, hereinafter

“Mr. Charmant” by and through his undersigned attorney, and files this Sentencing

Memorandum regarding the sentencing, which is scheduled to occur on March 3,

2022 at 11:00 a.m. Mr. Charmant and his counsel request that this Court consider

the matters presented herein and the matters presented in Mr. Charmant’s

Presentence Report (hereinafter “PSR”), as well as the matters to be presented at

the sentencing hearing itself.

      Mr. Charmant, pursuant to the decision in United States v. Booker, 543 U.S.

220 (2005), requests this Court to impose a sentence that is “sufficient but not

greater than necessary to comply with” the goals of sentencing set forth in 18

U.S.C. § 3553(a)(2), namely the need to protect the public from further crimes; the
need to provide just punishment for the offense, and the need to reflect the

seriousness of the offense. Those goals, the consideration of the “nature and

circumstances of Mr. Charmant’s offense,” 18 U.S.C. § 3553(a), and the other

factors set forth in the statute.

      Mr. Charmant respectfully requests the Court to consider the mandatory

minimum of 2 years imprisonment as sufficient to comply with the goals of

sentencing without imposing an additional period of imprisonment. Additional

considerations of the nature and circumstances of the offense are summarized

below for the Court:

      Mr. Charmant Regrets His Involvement and Role in These Offenses

      Mr. Charmant clearly demonstrated acceptance of responsibility for the

offense and has assisted authorities in the investigation or prosecution of the

misconduct by timely notifying authorities of his intention to plead guilty. See

PSR, Doc. 106, ¶47.

      Mr. Charmant regrets his crime and appreciates that his criminal conduct has

not only put his own future in jeopardy but has affected each of his victims and

society as a whole.

      Mr. Charmant apologizes to the Court for his actions and wishes to express

that he is committed to living a law-abiding life moving forward and paying
restitution to the best of his ability.

       No Criminal History Whatsoever

       Mr. Charmant was raised in a single-parent household in low-income

neighborhoods and had no relationship with his father during his formative years.

See PSR, Doc. 106, ¶¶72, 74.

       Mr. Charmant avoided gangs and other negative influences throughout his

childhood by focusing on sports. See PSR, Doc. 106, ¶¶ 74, 79.

       Mr. Charmant has no criminal history whatsoever, including no juvenile

criminal history.

       Mr. Charmant does not have a proclivity toward criminal behavior or fraud

and is unlikely to recidivate.

       Mr. Charmant's Youth Is a Mitigating Factor. See PSR, Doc. 106, ¶

123.

       Mr. Charmant was only 19 years of age when his involvement in this fraud

began.

       Mr. Charmant's high school classmates/Co-Defendants Catala and Ramirez

were already engaged in the fraud before Mr. Charmant became involved.

       Mr. Charmant showed extreme naivete' by joining his friends in this fraud.

       Mr. Charmant's judgment was not helped by daily use of marijuana during
this time period, and Mr. Charmant has expressed an interest in receiving

substance abuse treatment. See PSR, Doc. 106, ¶ ¶ 80, 82.

       Mr. Charmant will have at least two years in the Bureau of Prisons to reflect

on his conduct to become a more mature person.

      Mr. Charmant Has Potential To Be A Productive Member of Society

      Mr. Charmant graduated from St. Lucie West Centennial High School in

Port St. Lucie, Florida, in 2018.

      Mr. Charmant was a standout linebacker for St. Lucie West Centennial

Eagles Varsity Football.

      On National Signing Day of his senior year, Mr. Charmant signed a National

Letter of Intent to play football for Mount Union (a Division III college football

power with thirteen national championships).

      Mr. Charmant attended Palmetto Preparatory School in Columbia, South

Carolina in an effort to be admitted to Mount Union, during which time he studied

general education courses, college preparatory classes, and played football. See

PSR, Doc. 106, ¶ 83.

      Mr. Charmant understands that he must take his punishment for this crime

and will live with a felony fraud record for the rest of his life.

      Mr. Charmant has the intelligence and dedication to move forward in a
positive direction.

        Mr. Charmant hopes to attain skills such as in heating, ventilation, and air

conditioning (HVAC) and obtain his Commercial Driver's License (CDL) in the

future so that he can become a productive member of society. See PSR, Doc. 106,

¶ 84.

        Mr. Charmant is dedicated to make the most out of any second chance the

Court may consider giving him.

                                      Conclusion

        We respectfully request the Court to consider the mandatory minimum of 2

years imprisonment as the custodial sentence for Mr. Charmant.

        Respectfully submitted this 1st day of March 2022.


                                             /s/Eric K. Milles
                                             Eric K. Milles
                                             FL Bar No. 0172723
                                             MILLES LAW
                                             2027 Thomasville Road, Ste 102
                                             Tallahassee, FL 32308
                                             Telephone: (850) 553-3310
                                             FAX: (850) 553-3312
                                             eric@milleslaw.com

                                             ATTORNEY FOR DEFENDANT
                          CERTIFICATE OF SERVICE

        I HEREBY CERTIFY that on March 1, 2022, I filed the within and

foregoing with the Clerk of Court and electronically served a true and correct copy

upon all counsel of record.


                                              /s/Eric K. Milles
                                              Eric K. Milles, Esq.




                       CERTIFICATE OF COMPLIANCE


        Pursuant to Rule 7.1(F) of the Local Rules of the Northern District of

Florida, I hereby certify that the textual portion of the foregoing Memorandum

contains 934 words as determined by the word-counting feature of Microsoft

Word.

        Dated this 1st day of March 2022.



                                              /s/Eric K. Milles ___________
                                              Eric K. Milles, Esq.

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