UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO: 20-CR-20185

UNITED STATES OF AMERICA,

Plaintiff,

v.

JOE LEWIS MCHOMES

Defendant.

/

OBJECTIONS TO PRESENTENCE INVESTIGATION REPORT

AND MOTION FOR DOWNWARD VARIANCE

 

The Defendant, JOE LEWIS MCHOMES, through counsel files his objections to 

Presentence Investigation Report “PSI” and Motion for Downward Variance and states the 

following:

OBJECTIONS

1. The Defendant objects to the role assessment as described in Paragraphs 34 and 35 in the

PSI. The criminal activity attributable to the Defendant involved a minor role.

2. It is the Defendant’s position that he was induced, supervised and directed throughout the 

conspiracy by the co-defendant. 

3. Although necessary to the fraudulent activity, his role was minor and unsophisticated. 

4. Starting in August 2008 and continuing until around October 2018, the co-defendant 

engaged Mr. McHomes to participate in a scheme aimed at defrauding Summit 

Aerospace, Inc. The co-defendant was an employee of Summit. This involved the 

utilization of kickbacks and bribes, as well as the concealment of material information. 

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 1 of 10
2

5. To execute the scheme and defraud Summit Aerospace while obtaining money, the codefendant took on a supervisory role, directing Mr. McHomes actions, in furtherance of 

the conspiracy. Under this arrangement, Mr. McHomes, operating as J-CONN Solutions 

was instructed to falsely pose as a sales agent for Summit. The direction given to 

McHomes was clear: he was to feign securing contracts, agreements, and purchase orders 

from Al-Raha Group for Technical Services ("RGTS") in Saudi Arabia, specifically for 

the repair and return of aircraft parts. 

6. In compliance with those directives, false and fraudulent invoices were prepared by the 

co-defendant, billing Summit Aerospace for commissions supposedly earned by Mr. 

McHomes through the acquisition of these contracts, agreements, and purchase orders. 

The co-defendant orchestrated and created numerous invoices utilizing his knowledge 

and understanding of the work done at Summit to manufacture false invoices. 

7. The co-defendant further directed the process by ensuring that the J-CONN invoices were 

generated and Summit checks, payable to J-CONN, were obtained. Importantly, the codefendant directed that the amounts on these checks remain under $10,000, facilitating 

Mr. McHomes' ability to cash them discreetly for amounts less than $10,000. This 

directing role underscores the intentional manipulation and control exerted by the codefendant over Mr. McHomes in carrying out these deceptive actions.

8. Mr. McHomes, under the direction of the co-defendant, employed interstate wires, 

utilizing phone calls and emails, to communicate with other Summit Aerospace 

employees in order to secure the Summit commission checks. The co-defendant, acting as 

the orchestrator, directed Summit to dispatch these checks to Mr. McHomes through 

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 2 of 10
3

FedEx. Upon receiving the Summit checks, Mr. McHomes, proceeded to cash them and 

then disbursed approximately fifty percent of the cash proceeds to the co-defendant.

9. Undersigned counsel would respectfully request that the court grant a two-level reduction 

for Minor Role pursuant to section 3B1.2 (b). The Defendant would then be seeking a 

two-level reduction pursuant to section 2D1.11 (a) which allows for a decrease in the 

base offense level for Mitigating Role adjustment for Level 32 offenses. 

REQUEST FOR DOWNWARD VARIANCE

1. Defendant has accepted responsibility for his actions, expressed remorse for committing 

the instant offense, and agrees with the factual recitations in the PSI.

2. The Defendant has cooperated with the government and made himself available which 

likely has impacted the co-defendant’s change of plea. 

3. Defendant does not dispute the factual basis of the offense.

4. 18 U.S.C. 3553(a) provides that the court impose a sentence that shall be sufficient, but 

not greater than necessary to comply with the purposes set forth in [3553(a)(2)] including 

(1) the nature and circumstances of the Offense and the history and characteristics of the 

Defendant (2) the need to reflect the seriousness of the offense, to promote respect for the 

law, and to provide just punishment for the offense....(5) The need to provide the 

Defendant with needed educational or vocational training or medical care. In this case the 

goal of crafting a sentence that shall be sufficient but not greater than necessary will be 

met by a downward variance from the otherwise applicable guideline range determined 

by this Court. 

PERSONAL HISTORY AND CHARACTERISTICS

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 3 of 10
4

1. Mr. McHomes, while acknowledging his imperfections, is a victim of profound 

emotional turmoil throughout his life. The roots of his actions lie in a history marked by 

repeated episodes of physical and emotional abuse, poverty, and substance abuse. 

2. During his formative years in a household with eleven siblings, financial struggles forced

Mr. McHomes to start working alongside his father in Georgia cotton fields at the young 

age of five.

3. The Defendant vividly remembers the tumultuous relationship between his parents, 

marked by both verbal and physical abuse. He recounts his father's battle with 

alcoholism, which led to the physical abuse of his mother, himself, and his siblings. His 

formative years were characterized by constant berating and physical mistreatment at the 

hands of his father. 

4. Growing up in racially segregated South Georgia, Mr. McHomes faced years of 

discrimination and racial prejudices. He attended segregated schools and, upon 

integration in high school, endured taunting and extreme racial abuse.

5. Mr. McHomes graduated high school in 1972 and immediately joined the service. He was 

an active duty member for two years where he was stationed in Vietnam. The Defendant 

tragically learned of his father's suicide in 1974 at the age of 20 upon returning from 

combat in Vietnam. He was released to the reserve service for one year and he reenlisted to the active duty navy and was stationed in multiple duty stations thereafter for 

twenty years. Mr. McHomes's military service spanned various deployments, including 

Vietnam, Kuwait, and the Gulf War. His involvement in the repatriation of bodies from 

the Gulf War left lasting scars, contributing to nightmares, claustrophobia, and ongoing 

PTSD.

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 4 of 10
5

6. Mr. McHomes was exposed to Agent Orange, a toxic chemical deployed in Vietnam to 

disrupt vegetation. As a Blue Water sailor stationed on a ship, Mr. McHomes drank 

contaminated water which impacting him both medically and physically.

7. The lingering effects of Mr. McHomes's exposure include ongoing nightmares, emotional 

outbursts, and sleep disturbances, all stemming from the PTSD he developed during his 

"Red Combat" experiences. Despite lacking training in handling deceased individuals, he 

was compelled to work with them due to operational limitations, vividly recalling the 

shortage of caskets, necessitating the use of food freezers, which marked the onset of his 

night terrors.

8. During the Gulf War, off the coast of Haifa Israel on November 22, 1990, coincidentally 

on his son's birthday, a tragic incident unfolded. An Israeli ship to shore boat capsized, 

resulting in the loss of 22 lives. Mr. McHomes, tasked with bringing the bodies back to 

the US, faced the heartbreaking duty of presenting the remains of a 22-year-old sailor, a 

close friend who had shared ships berthing with him. Each step of this journey involved 

opening caskets and placing ice in the bodies, contributing to the development of 

claustrophobia. The memories of being confined in a plane with 22 deceased shipmates

continue to haunt him, manifesting as nightmares and flashbacks. Subsequently, in 1993, 

deeply affected by his experiences during the Gulf War, Mr. McHomes made the 

decision to retire.

9. In recognition of his exemplary service in the Navy, Mr. McHomes received the 

following medals: National Defense Service Medal with Bronze Star; Vietnam Service 

Medal; Vietnam Campaign Medal; Navy Unit Citation; Navy Achievement Medal with 

two Gold Stars; Sea Service Deployment Ribbon with four Bronze Stars; Meritorious 

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 5 of 10
6

Unit Commendation with two Bronze Stars; Kuwait Medal; Liberation Medal; Navy Unit 

Commendation; Southwest Asia Service Medal, and four Navy Good Conduct Awards 

for the period ending October 4, 1991.

10. Since 2009, Mr. McHomes has been actively engaging in therapeutic services provided 

by the Veteran’s Affairs. Formally diagnosed with PTSD during that year, he gained 

insight into how the disorder significantly affected his day-to-day functioning. Notably,

Mr. McHomes can recall experiencing symptoms of PTSD as early as 1990.

11. Utilizing substances as a coping mechanism for PTSD, Mr. McHomes began drinking 

leading to hospitalization for suicidal ideations.

12. Childhood issues and witnessing violence led Mr. McHomes to drugs and alcohol. The 

evolving understanding of addiction as an affliction rather than a conscious lifestyle 

choice aligns with his journey.

13. Social and scientific views of addicts and their addiction have evolved from “you brought 

it on yourself” to recognition that it is an affliction rather than a conscious lifestyle 

choice. 

14. The Defendant bears the heavy burden of 100% disability, grappling with challenges 

such as peripheral neuropathy, lumbosacral strain accompanied by degenerative disc 

disease, type II diabetes, and degenerative arthritis of the spine, hypertension, 

hypothyroidism, and the weight of PTSD.

15. The Defendant, grappling with significant vulnerabilities and disabilities, has 

unfortunately become a target for fraudulent activities. These vulnerabilities not only 

pose immense physical and emotional challenges but also make the Defendant 

susceptible to financial exploitation by unscrupulous individuals seeking to take 

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 6 of 10
7

advantage of his difficult circumstances. Such instances of fraud further compound the 

already burdensome difficulties faced by the Defendant, exacerbating the impact on his 

well-being.

16. Tragically, in 2019 the Defendant, due to their vulnerabilities and disabilities, was 

manipulated and convinced by an alleged tax analyst to part with $9,000 under the guise 

of securing the funds in a tax escrow account with the IRS, with the Defendant as the 

purported owner. This deceptive act underscores the Defendant's susceptibility to 

manipulation, as their complex health conditions may impact their full understanding and 

awareness of the potential ramifications. The incident not only resulted in a financial loss 

but also highlights the urgent need for protective measures to shield the Defendant from 

exploitation, given their heightened vulnerability to such schemes.

17. Unfortunately, this distressing situation is further compounded by the fact that the 

Defendant had previously fallen victim to a separate scam in 2019, where they were 

deceived and lost a significant sum of $15,000. This pattern of exploitation underscores

the Defendant's heightened vulnerability and susceptibility to fraudulent schemes. It is a 

stark reminder of the need for increased vigilance and protective measures to shield the 

Defendant from financial exploitation, especially considering their challenges in fully 

comprehending and navigating the complexities of such transactions due to their 

disabilities.

18. Similar to the events unfolding in this criminal case, the Defendant has experienced 

numerous instances of being taken advantage of due to their vulnerabilities, including 

their inability, PTSD, and multiple physical ailments. These challenges have placed the 

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 7 of 10
8

Defendant in financially precarious situations, compelling them to place trust and belief 

in others who purportedly offered assistance.

CIRCUMSTANCES OF THE OFFENSE

1. Ultimately, this Court must impose a sentence that is sufficient, but not greater than 

necessary, to comply with the purposes of sentencing. See 18 U.S.C. § 3553(a). These 

purposes include the need for the sentence to reflect the seriousness of the offense, to 

provide just punishment, to afford adequate deterrence, and to protect the public. See § 

3553(a)(2)(A)–(C). Other factors for consideration include the nature and circumstances 

of the offense, the history and characteristics of the defendant, and any relevant policy 

statements issued by the Sentencing Commission. Id. § 3553(a)(1), (5). This Court holds 

the sole discretion as to the application and consideration of each of these factors. See 

United States v. Kuhlman, 711 F.3d 1321, 1327 (11th Cir. 2013); see also United States

v. Johnson, No. 18-11327, 2018 WL 6622174, at *4 (11th Cir. Dec. 17, 2018).

2. The Federal Sentencing Guidelines Manual allows a Downward Departure pursuant to 

§4A1.3(b)(1) “Standard for Downward Departure. If reliable information indicates that 

the Defendant’s criminal history category substantially over-represents the seriousness of 

the Defendant’s criminal history or the likelihood that the Defendant will commit other 

crimes, a downward departure may be warranted. 

3. In the instant filing the Defendant acknowledges the challenges in their life journey and 

the regrettable choices influenced by substance abuse and emotional trauma. Mr. 

McHomes is an individual whose life has been marked by emotional hardships and 

struggles. The narrative of his experiences illustrates a person grappling with numerous 

emotional and mental facets, contributing to decisions that, while regrettable, reflect the 

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 8 of 10
9

complexity of his circumstances. It is crucial to recognize that, while not excusing his 

actions in this case, the struggles faced by Mr. McHomes call for consideration in 

mitigating a projected guideline sentencing range of 46-57 months (37-46 months if the 

court were to grant the minor role request). Simply put, a guideline sentence would be far 

greater than necessary to meet the statutory sentencing objectives. 

Respectfully submitted,

/s/ Kenneth L, Weisman

Kenneth L. Weisman

Florida Bar No. 502049

Counsel for the Defendant

1571 NW 13 Court

Miami, Florida 33125

Telephone No.: (305) 326-0330

klwfam@bellsouth.net

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was filed 

electronically via CM/ECF system with the Clerk of Court and electronic copies furnished to all 

counsel of record this 1st day of February 2022. 

By: /s/ Kenneth L. Weisman

Kenneth L. Weisman

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 9 of 10
10

Case 1:20-cr-20185-KMW Document 130 Entered on FLSD Docket 02/16/2024 Page 10 of 10