Chadderdon Sentencing Memorandum

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 1 of 8 Page ID#169
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
__________________________________________
UNITED STATES OF AMERICA,
Plaintiff
Case No. 1:14-cr-151
U.S. District Judge Janet T. Neff
FOSTER SWIFT COLLINS & SMITH PC || ATTORNEYS
ALLEN P. CHADDERDON,
Defendant
__________________________________________
Christopher OConnor
Assistant United States Attorney
U.S. Department of Justice
P.O. Box 208
Grand Rapids, MI 49501-0208
(616) 456-2404
Frank Harrison Reynolds (P29917)
Foster, Swift, Collins & Smith, P.C.
Attorneys for Defendant
313 S. Washington Square
Lansing, Michigan 48933
(517) 371-8244
freynolds@fosterswift.com
__________________________________________
SENTENCING MEMORANDUM
Defendant, Allen P. Chadderdon submits this memorandum to assist the Court in its
determination of a sentence that is sufficient, but not greater than necessary, to promote
the goals Congress established when it enacted 18 U.S.C. 3553(a). Based on the history
and characteristics of this Defendant and the nature and circumstances of the offense
conviction, along with all of the other 3553 factors, it is suggested that a sentence of the
lowest possible term of incarceration, if any, followed by the shortest period of supervised
release and the lowest fine would be appropriate. The government has filed a motion for a
two level downward departure on Mr. Chadderdons offense level that hopefully this Court
will grant. USSG 5K1.1. Mr. Chadderdon, if given a sentence of home confinement would
have the ability to maintain his employment and continue to be a productive member of
society.
I.
INTRODUCTION
On December 3, 2014, Allen P. Chadderdon will appear before this Court for
sentencing pursuant to his Plea Agreement and guilty plea.
This Memorandum and
attachments are provided to assist the Court in imposing an appropriate sentence.

II.
CASE HISTORY
On August 25, 2014, Mr. Chadderdon appeared before U.S. Magistrate Judge Hugh
W. Brenneman, Jr. to make his Initial Appearance, Waive Grand Jury Indictment and agreed
to plead guilty to a one count Information, waiving his right to make his plea to the
Honorable Janet T. Neff. He was released on an unsecured appearance bond at that time.
Mr. Chadderdon made his plea in accordance with a written Plea Agreement. Mr.
Chadderdon pled guilty to Falsification of a Document With the Intent to Impede, Obstruct,
or Influence, 18 U.S.C. 1519. Acceptance of the guilty plea and the written Plea Agreement
were deferred.
The plea was accepted by this Court on August 19, 2014 and Mr.
Chadderdon was adjudicated guilty.
Magistrate Judge Brenneman filed a Report and
Recommendation on August 25, 2014, recommending this Court accept his plea to Count I
of the Information and adjudicate him guilty of the charge.
In accordance with the terms of the Plea Agreement the Government agreed to
move and not oppose a two level reduction for acceptance of responsibility by Defendant.
If the Court grants the two level reduction the Government will then move for the Court to
grant an additional one level reduction provided the adjusted offense level is 16 or greater.
The matter was referred to the United States Probation Department for the
preparation of a pre sentence investigation report by Probation Officer Lori Hodel, which
was filed on November 17, 2014.
III.
BIOGRAPHICAL INFORMATION AND STATEMENT OF ALLEN CHADDERDON
Biographical data has been set forth in the pre-sentence report prepared by the
Probation Officer in this case.
To that end, I will not repeat that information.
Mr.
Chadderdon has himself provided more detailed background information and related his
feelings about this case. (Attachment A).
IV.
STEPS TAKEN BY ALLEN CHADDERDON SINCE HIS ARREST
Mr. Chadderdon took it upon himself to continue to participate in psychological
counselling. This began with David R. LaCharite, LMSW in September of 2009. The therapy
continues at this time. (Attachment B).
In addition, Mr. Chadderdon was administered a polygraph examination dealing
with a pertinent issue that may be of concern to this Court. (Attachment C).
V.
FAMILY, COMMUNITY, AND FRIENDS SUPPORT
Mr. Chadderdon's wife, Alexis Chadderdon has written a letter of support and family
background, along with family pictures. (Attachment D).
Linda McRorie Chadderdon, Mr. Chadderdon's mother, has written a letter and
provided photos to the Court to describe their relationship, his importance in her life, and
additional information about him. (Attachment E).
Additionally, other family members, neighbors, members of his community,
business associates, and personal friends have provided letters for this Court's
consideration in imposing an appropriate sentence. (Attachment F).
In addition to his work history at a very young age he has also been a supporter and
contributor to Muscular Sclerosis, ASPCA, Williamston Food Bank, ARC, the Human Society,
as well as the Dian Fossey Gorilla Fund. Mr. Chadderdon has been a major help to his
mother through her many medical problems, which are referenced in paragraph 81 of the
Presentence Report prepared by Lori A. Hodel, U.S. Probation Officer. He has been able to
manage working a full time job, helping his mother, who is in severe need of his help at this
time, working on his marital relationship with Alexis, and continued therapy with Mr.
LaCharite.
VI.
COLLATERAL CONSEQUENCES OF ALLEN CHADDERDON'S GUILTY PLEA
When Mr. Chadderdon accepted responsibility for his criminal conduct by entering
his guilty plea, he recognized that there would be significant collateral consequences
beyond the sentence imposed upon him. These consequences most likely will include loss
of his professional license. He was terminated by the insurance agency. He immediately
informed his spouse, Alexis Chadderdon. He had to tell his Mother and others in his
extended family. This was the beginning of the humiliation that would follow as more
people found out about his case. The stigma continued to spread.
Mr. Chadderdon became severely depressed and he experienced extreme shame

that overwhelmed him. He began a period of self imposed isolation and emotional
alienation. He has been coming to grips with his emotional situation through treatment
and by reaching out to his family and close friends. They have expressed their support for
him and written on his behalf. To his credit, Mr. Chadderdon has secured new employment
with Peak Management, LLC.
Mr. Chadderdon has already been significantly punished for his crime, and
regardless of the Courts sentence, Mr. Chadderdon will be continuously punished for the
rest of his life. He will be a convicted felon and have to carry all of the disabilities
associated with this adjudication.
Additional restrictions will most likely function as
punishment: regular reporting to a probation officer, submitting to unannounced home

visits, limitations on persons he can associate with, and not leaving the judicial district
without Court approval or changing jobs without advance permission. Mr. Chadderdon has
not only had to deal with the stress associated with his crime, but also had to endure the
consequences of his actions on his family.
VII.
DISCUSSION
In compliance with United States v Booker, 543 U.S. 220, 125 S.Ct. 738 (2005), as
clarified by Gall v United States, 552 U.S. 38, 128 S.Ct. 586 (2007), and Kimbrough v United
States, 552 U.S. 85, 128 S.Ct. 558 (2007), this Court is directed to consider a number of
factors in determining a defendants sentence. After correctly calculating a defendants
advisory sentence guideline range, the Court is to listen to arguments by the parties as to
the appropriate sentence to be imposed. The Court is then to look to the sentence statute
18 U.S.C. 3553(a) to find support for the sentences advocated by the parties. Based upon
5
the consideration of the advisory range, the positions of the parties, and the 3553(a)
factors, the Court is to impose a sentence that is sufficient, but not greater than necessary,
to achieve the purposes of sentencing.
VIII.
REQUEST FOR A DOWNWARD VARIANCE/DEPARTURE
18 U.S.C. 3553(a) Imposition of a sentence provides as follows:
(a)
Factors to be considered in imposing a sentence. The Court shall
impose a sentence sufficient, but not greater than necessary, to comply with
the purposes set forth in paragraph (2) of this subsection. The court, in
determining the particular sentence to be imposed, shall consider :
(1)
the nature and circumstances of the offense and the

history and characteristics of the defendant;
(2)
the need for the sentence imposed -
(3)
(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;
(C)
to protect the public from further crimes

of the defendants; and
(D)
to provide the defendant with needed

educational or vocational training,
medical care, or other correctional
treatment in the most effective manner.
the kinds of sentences available;

(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;
(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.
Mr. Chadderdon exhibits several of the characteristics that the Sentencing

Commission has identified as indicators of reduced risk of recidivism. Mr. Chadderdon is
33 years old with no prior juvenile nor adult criminal convictions.
After he was terminated from his insurance agency employment he secured stable
employment with Peak Management, LLC where he has been recognized for his good work
by being promoted. He has maintained employment throughout his lifetime, starting at a
young age. He has a long history of personal responsibility and he is a homeowner. Mr.
Chadderdon has exhibited personal responsibility by admitting his guilt and pleading guilty
to the instant offense. He further continues counselling.
Mr. Chadderdon is a High School Graduate with some community college
attendance. It is his plan to return to college and earn a degree. He also holds several
professional designations and licenses related to his work in the insurance industry. Prior
to this conviction by guilty plea, Mr. Chadderdon had no criminal record and no juvenile
record. Additionally, Mr. Chadderdon has never been incarcerated before and has been
compliant throughout his pre-trial release.
Mr. Chadderdon is married to Alexis Chadderdon who has written a letter to this
Court. Family photographs are attached to this memorandum. (Attachment E).
IX.
CONCLUSION
All of this information is being provided to the Court to demonstrate Mr.
Chadderdon's background and commitment to his family and his community. The situation
is unfortunate and very sad. It is important for the Court to realize the purpose of this
Memorandum and attachments is not to offer excuses for Mr. Chadderdon's actions or to
request undue leniency, but rather, to assimilate information pertaining to him, his
background and motivations, in order to allow the Court to understand Mr. Chadderdon as
an individual.
Mr. Chadderdon respectfully requests this Honorable Court render a sentence
"sufficient" but not greater than necessary to accomplish the goals of sentencing.
Defendant requests that the Court grant a downward variance/departure and sentence him
to the least restrictive sentence to allow him to maintain his employment, work on his
marriage and continue to assist his Mother. He also requests the lowest fine permitted by
law in order to achieve the goals of sentencing.
With this in mind, Mr. Chadderdon prays this Honorable Court determine a method
of discipline that is not counter productive to Mr. Chadderdon's individual needs and one
that adequately serves the requirements of justice.
Respectfully submitted,
FOSTER, SWIFT, COLLINS & SMITH, P.C.
Dated: November 24, 2014
/s/Frank Harrison Reynolds_________

Frank Harrison Reynolds (P29917)
Attorney for Defendant Allen P. Chadderdon
31403:00001:2018300-1
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Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 1 of 8 Page ID#169

UNITED STATES DISTRICT COURT

Case No. 1:14-cr-151

U.S. District Judge Janet T. Neff

FOSTER SWIFT COLLINS & SMITH PC || ATTORNEYS

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 2 of 8 Page ID#170

FOSTER SWIFT COLLINS & SMITH PC || ATTORNEYS

sentencing pursuant to his Plea Agreement and guilty plea.

This Memorandum and

attachments are provided to assist the Court in imposing an appropriate sentence.

Chadderdon was adjudicated guilty.

Magistrate Judge Brenneman filed a Report and

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 3 of 8 Page ID#171

FOSTER SWIFT COLLINS & SMITH PC || ATTORNEYS

To that end, I will not repeat that information.

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 4 of 8 Page ID#172

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 5 of 8 Page ID#173

Mr. Chadderdon became severely depressed and he experienced extreme shame

Additional restrictions will most likely function as

punishment: regular reporting to a probation officer, submitting to unannounced home

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 6 of 8 Page ID#174

FOSTER SWIFT COLLINS & SMITH PC || ATTORNEYS

the nature and circumstances of the offense and the

the need for the sentence imposed -

to reflect the seriousness of the offense, to

to afford adequate deterrence to criminal

to protect the public from further crimes

to provide the defendant with needed

the kinds of sentences available;

to reflect the seriousness of the offense, to promote

to afford adequate deterrence to criminal conduct;

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 7 of 8 Page ID#175

to protect the public from further crimes of the

to provide the defendant with needed educational or

Mr. Chadderdon exhibits several of the characteristics that the Sentencing

FOSTER SWIFT COLLINS & SMITH PC || ATTORNEYS

Case 1:14-cr-00151-JTN Doc #20 Filed 11/24/14 Page 8 of 8 Page ID#176

FOSTER SWIFT COLLINS & SMITH PC || ATTORNEYS

/s/Frank Harrison Reynolds_________

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