Sentencing Minutes — Thomas E Smith, No. 20-cr-0196-bhl-1 (Dkt. 107, E.D. Wis.)
Summary
Dkt. 107 in United States v. Thomas E Smith, Case No. 20-cr-0196-bhl-1 in the U.S. District Court for the Eastern District of Wisconsin, records the sentencing proceeding of 6/2/2021, with the Honorable Brett H. Ludwig presiding. The Court sustained the parties' objection and applied a 2-level instead of a 4-level enhancement under §3B1.1 for the defendant's role in the offense, for a total offense level of 24. The sentence imposed is 57 Months of imprisonment and 2 Years of supervised release as to Count 2 of the Indictment, a waived fine and restitution of $960,000, joint and several with Samuel Davis, Stephen Smith, Robert Hamilton, Tarone Woods and Deon Petty. The government dismissed other counts, and Smith is to voluntarily surrender at the institution the Bureau of Prisons designates.
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Full text
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
UNITED STATES OF AMERICA
v. SENTENCING MINUTES
THOMAS E SMITH Case No. 20-cr-0196-bhl-1
HONORABLE BRETT H. LUDWIG presiding Time Called: 10:06 a.m.
Proceeding Held: 6/2/2021 Time Concluded: 11:17 a.m.
Deputy Clerk: Kristine B. Court Reporter: John S.
Appearances:
UNITED STATES OF AMERICA by: Laura Connelly and Leslie Garthwaite
THOMAS E. SMITH in person and by: Michael J. Steinle
US PROBATION OFFICE by: Daniel E. Dragolovich
☒ The parties have no objections to the factual ☐ The parties have no objections to the application of
statements in the PSR the guidelines in the PSR
☐ Objections/corrections to factual statements in PSR ☒ Objections/corrections to application of guidelines
by ☐ Plaintiff ☐ Defendant by ☒ Plaintiff ☒ Defendant
☐ The Court adopts the factual statements and ☒ The Court adopts the factual statements and
guideline application as set forth in the PSR guideline application with these changes: The
Court sustained the parties’ objection and will apply
a 2-level enhancement instead of a 4-level
enhancement under §3B1.1 for defendant’s role in
the offense. The total offense level is 24.
☒ The government presents sentencing argument: 63 ☒ The defendant presents sentencing argument: 12 –
months imprisonment, 2 years SR, and $960,000 in 18 months imprisonment.
restitution.
☒ Defendant exercises right of allocution. ☒ The Court imposes sentence.
☒ The government dismisses count(s) 1, 3-6, 9, 11- ☒ Defendant advised of appeal rights.
13
Case 2:20-cr-00196-BHL Filed 06/02/21 Page 1 of 2 Document 107
SENTENCE IMPOSED:
Imprisonment: 57 Months as to Count 2 of the Indictment
Imprisonment term for each count to be served ☐ concurrently ☐ consecutively.
TOTAL TERM OF IMPRISONMENT IMPOSED: _____ months.
Supervised
Release: 2 Years as to Count 2 of the Indictment
MONETARY PENALTIES
Special Assessment: $ 100 due immediately
Fine: $ ☒ fine waived
Restitution: $ 960,000 ☐ determination deferred
JOINT AND SEVERAL PAYMENTS
☐ Fine and/or ☒ Restitution is joint and several with Samuel Davis, Stephen Smith, Robert Hamilton, Tarone
Woods, and Deon Petty.
FORFEITURE
☐ All property forfeited upon conviction or by order of the court shall be included in the criminal judgment.
CUSTODY
☐ The defendant is remanded to the custody of the U.S. Marshal Service.
☒ The defendant is to voluntarily surrender at the institution designated by the Bureau of Prisons as notified by
the U.S. Probation Office.
CONDITIONS OF SUPERVISED RELEASE/PROBATION
☒ The defendant does not object to the conditions of supervised release as set forth in the presentence
investigation report.
☒ The defendant waives reading of the conditions of supervised release.
☒ Mandatory Conditions of Supervision imposed.
☒ The Court adopts the Standard Conditions of Supervision set forth in the presentence investigation report
without change.
☒ The Court adopts the Special Conditions of Supervision set forth in the presentence investigation report
without change.
Case 2:20-cr-00196-BHL Filed 06/02/21 Page 2 of 2 Document 107
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