John Kevin Phillips Position of Presentence
John Kevin Phillips Position of Presentence
John Kevin Phillips Position of Presentence
Plaintiff,
Defendant.
COMES NOW, the Defendant, John Kevin Phillips, through counsel of record Marty B.
McAfee and Michael Working, pursuant to Rule 32(c) of the Federal Rules of Criminal
Procedure and Local Criminal Rule 32.1, 18 U.S.C. § 3553, and the holdings in United States v.
Booker and United States v. Fanfan, 125 S. Ct. 738 (2005) and submits the following pleading
The overriding principal and basic mandate of Section 3553(a) requires District Courts to
impose a sentence “sufficient, but not greater than necessary,” to comply with the purposes of
(a) retribution (to reflect seriousness of the offense, to promote respect for the
(b) deterrence;
(c) incapacitation (“to protect the public from further crimes”); and
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vocational training, medical care, or other correctional treatment in the most effective manner”).
In sentencing the Defendant, the appropriate factors for the Court to consider are outlined
in Section 3553(a). Neither the statute nor the Booker/Fanfan progeny suggests that any of
(a) Mr. John Kevin Phillips was charged with one (1) count of Violation of Interstate
Communications
(b) Mr. John Kevin Phillips pled guilty on March 26, 2017, to the one count
indictment.
III. The Pre-Sentence Report provides in great detail the offense conduct. Mr. Phillips
(a) Mr. Phillips was born in McAlester, Oklahoma on April 27, 1977, to Eddie and
Carol Phillips. Eddie and Carol Phillips have been married since 1969 and they
all his needs were met. He never suffered from abuse or neglect. Eddie Phillips
worked to provide for the family while Carol was a homemaker. Mr. Phillips has
been married to his wife Robyn for approximately twenty-two years. They have a
being.”
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(b) Mr. Phillips has a multitude of familial support, as his wife and parents continue
to support him. Mr. Phillips’ and his wife have three children ranging in age from
(c) Mr. Phillips was the sole breadwinner for his household prior to his arrest as Mrs.
Phillips did not work for approximately the first seven years after they adopted
(d) Mr. Phillips is currently separated from his wife and their children, but hopes to
He has none.
(a) Mr. Phillips has a history of drinking that started at a young age. Until he was
birthday, he began drinking more frequently, reporting daily drinking by his mid-
(b) Mr. Phillips smoked marijuana for this first time when he was 42. He reports he
(c) Mr. Phillips was prescribed Vyvanse to treat adult onset Attention Deficit
Disorder. However, he did not finish the one month supply he was prescribed
(a) Mr. Phillips graduated from Northside High School in Jackson, TN in 1989.
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(c) Mr. Phillips also obtained a masters degree in business administration in 2009
a. Custody
a. Statutory
i. NMT 5 years under 18 U.S.C. § 875(c)
ii. Because Mr. Phillips meets the criteria set forth in 18 U.S.C. §
3553(f)(1)-(5), this Court shall impose a sentence in accordance
with the applicable guidelines without regard to any statutory
minimum sentence
b. Guidelines
i. The Total Offense Level is 12
ii. Criminal History Category I
iii. The Guideline Imprisonment Range is 18-24 months.
b. Impact of Plea Agreement
c. Government does not oppose a sentence of time served with the maximum
term of Supervised Release.
d. Supervised Release
a. Statutory
i. NMT 3 (three) years under 18 U.S.C. §3583(b)(2)
b. Guidelines
i. NLT 1 (one) year USSG §5D1.2(a)(2).
ii. NMT 3 (three) years USSG §5D1.2(a)(2).
e. Probation
a. Statutory
i. NLT 1(one) year 18 U.S.C. §3561(c)(1)
ii. NMT 5(five) years 18 U.S.C. §3561(c)(1)
b. Guidelines
i. Ineligible under 18 U.S.C. § 3561(a)(1).
f. Fines
a. Statutory
i. NMT $250,000 per 18 U.S.C. § 3571(b).
b. Guidelines
i. $3,000 to $30,000. USSG §5E1.2(c)(3).
c. Special Assessment
i. $100 per 18 U.S.C. § 3013.
d. Costs of Prosecution
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(a) For purposes of sentencing, the Defendant acknowledges that his record places
(a) Defense counsel anticipates presenting evidence through no more than two
witnesses, and that the hearing will last no longer than 45 minutes.
(a) Defense counsel has forwarded any objections to the pre-sentence investigation
report to both the Probation Officer and the Assistant United States District
(a) Mr. Phillips respectfully requests that this Honorable Court sentence Mr. Phillips
to time served and to the maximum term of Supervised Release with the
agreement.
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Respectfully Submitted,
s/ Marty B. McAfee
Marty B. McAfee #18113
Attorney for the Defendant
246 Adams Avenue
Memphis, TN. 38103
(901) 328-7000
CERTIFICATE OF CONSULTATION
COMES NOW, Marty B. McAfee, counsel for the defendant John Kevin Phillips, and
advises the Court that he has conferred with opposing counsel, Assistant United States Attorney
Beth Boswell, regarding Defendant’s position.
s/Marty B. McAfee________
CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that a true and exact copy of the foregoing document
has been served upon Assistant United States Attorney Beth Boswell, via electronic notice this
30th day of June, 2017.