UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

UNITED STATES OF AMERICA, : CASE NO.: 1:17-CR-0129

:

:

VS. : JUDGE BARRETT 

:

:

DAVID DAWKINS. :

SENTENCING MEMORANDUM OF THE UNITED STATES

Comes now the United States of America, by and through Special Assistant United States 

Attorney Ashley Brucato, and respectfully submits the following Sentencing Memorandum for the 

Court’s consideration. 

Respectfully submitted,

BENJAMIN C. GLASSMAN

United States Attorney

s/Ashley N. Brucato

ASHLEY N. BRUCATO (0090989)

Special Assistant United States Attorney

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

Office: (513) 684-3711

Fax: (513) 684-6385

E-mail: Ashley.Brucato@usdoj.gov
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MEMORANDUM 

INTRODUCTION

David Dawkins (Dawkins) entered a plea of guilty to Count One of a two-count Indictment 

which charged him with Possession of a Firearm by a Prohibited Person in violation of 18 U.S.C. 

§ 922(g)(1). In exchanged for Dawkins’ guilty plea, the United States agreed to dismiss Count

Two of the Indictment which charged him with Illegal Possession of a Machine Gun in violation 

of 18 U.S.C. § 922(o). The Presentence Report (PSR) recommends a sentence of 46 months 

incarceration, followed by a three-year term of supervised release. There are no unresolved 

objections to the PSR. For the reasons stated below, the United States respectfully requests this 

Court impose a sentence of 57 months incarceration, followed by a three-year term of supervised 

release. 

ARGUMENT 

I. SENTENCING CALCULATION

A. Statutory Maximum Sentence

 The statutory maximum sentence this Honorable Court may impose is a term of imprisonment 

of 120 months (10 years), a fine not to exceed $250,000, supervised release of not more than three 

years, and a mandatory $100 special assessment.

B. Advisory Sentencing Guidelines Calculation

In fashioning its sentence, this Court should first consider the applicable advisory guidelines 

range. Gall v. United States, 552 U.S. 38, 49 (2007). “As a matter of administration and to secure 

nationwide consistency, the Guidelines should be the starting point and the initial benchmark.” Id. 

The advisory guidelines range, as calculated in the PSR, establishes a total adjusted offense level 

of 21 with a criminal history category of III, calling for a sentence of 46-57 months incarceration.
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II. ANALYSIS OF §3553(a) FACTORS

Taking into consideration a totality of 18 U.S.C. § 3553(a) factors, the United States submits 

that a sentence of 57 months incarceration followed by a three-year term of supervised release is 

sufficient but not greater than necessary to achieve the sentencing goals as contemplated by 

Congress and the United States Sentencing Commission. In this case, a sentence at the top end of 

the applicable guidelines range is appropriate given the nature of the offense and Dawkins’ history 

of carrying firearms. 

With respect to the nature of the offense, the fact that Dawkins converted the firearm possessed 

on September 28, 2017, into a fully automatic weapon is an aggravating factor that weighs in favor 

57 month sentence. With the machine gun, Dawkins also possessed a large magazine loaded with

31 rounds of ammunition. The potential harm of possessing these two items is significant. The 

firearm and ammunition Dawkins possessed would have been capable of firing off 31 rounds of 

ammunition with a single pull of the trigger. Even after pleading guilty, Dawkins tried to minimize 

his involvement in converting the firearm into a machine gun during his interview with probation. 

Dawkins first told the probation officer that another man had brought the machine gun to Dawkins’ 

house and Dawkins believed the selector switch was a safety switch. (PSR ¶ 17). However, 

Dawkins ultimately admitted he was the person who installed the selector switch and converted 

the weapon into a machine gun. (Id.). 

Likewise, one of the three additional firearms Dawkins possessed had also been converted into 

a machine gun. (PSR ¶12). Dawkins told the probation officer the firearms recovered at Ms. 

Best’s residence did not belong to him. (PSR ¶ 18). However, ATF agents interviewed the person
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who sold Dawkins one of the firearms recovered in Ms. Best’s residence and the person positively 

identified Dawkins as the person who bought the gun. (PSR ¶ 14). The person also told agents 

that the firearm was not a machine gun at the time he sold it to Dawkins and the person advised 

Dawkins not to convert it to a machine gun. (Id.). Fully automatic weapons pose a grave risk of 

danger to public safety and Dawkins possessed not one, but two. And if Dawkins’ intent truly was 

to sell the machine gun or switch (PSR ¶ 17), that firearm could have fallen into the wrong person’s 

hands and caused immense harm to the community.

Also, Dawkins has a history of illegally possessing firearms. In 2007, Dawkins was convicted 

of aggravated robbery. The offense involved Dawkins pointing a firearm at two victims and 

demanding money. (PSR ¶ 38). Dawkins was released from prison for the aggravated robbery 

offense in September 2012 and was on parole. (Id.). Less than six months later, Dawkins was 

arrested and ultimately convicted of trafficking in cocaine and having weapons under disability. 

(PSR ¶ 39). At the time of the current offense, Dawkins was still on parole for the 2007 aggravated 

robbery. 

Additionally, the reason Dawkins gave officers a false name in the instant offense was to avoid 

arrest on open felony warrants out of St. Bernard. (PSR ¶ 17). The open warrants from St. Bernard 

were based on a June 20, 2017, traffic stop. During the traffic stop, officers smelled marijuana 

and were planning to search Dawkins’ vehicle. Dawkins was acting nervous and when officers 

asked Dawkins to step out of the car, Dawkins put the car in drive and sped away. Dawkins led 

officers on a high-speed vehicle pursuit. Ultimately, Dawkins got away from officers, but the 

officers recovered a loaded .380 caliber Ruger firearm and baggies containing suspected heroin on 

a curb along the route Dawkins had traveled. Furthermore, the results of a search warrant executed 

on Dawkins’ phone demonstrates Dawkins was consistently trying to buy additional firearms. 
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A sentence of 57 months incarceration is within the applicable guideline range and takes into 

account the § 3553(a) factors. The sentence appropriately reflects the nature and circumstances of 

the offense and the history and characteristics of the defendant. It promotes respect for the law 

and provides just punishment and deterrence, while also protecting the public from future crimes 

by the defendant. A 57-month sentence appropriately reflects the kinds of sentences available and 

avoids unwarranted sentence disparities among defendants with similar records found guilty of 

similar conduct. 

III. CONCLUSION 

Based on the foregoing and the relevant §3553(a) factors, a sentence of 57 months 

incarceration followed by three years of supervised release is sufficient but not greater than 

necessary to achieve the sentencing goals as contemplated by Congress and the United States 

Sentencing Commission. 

Respectfully submitted,

BENJAMIN C. GLASSMAN

United States Attorney

s/Ashley N. Brucato

ASHLEY N. BRUCATO (0090989)

Special Assistant United States Attorney

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

Office: (513) 684-3711

Fax: (513) 684-6385

E-mail: Ashley.Brucato@usdoj.gov
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Sentencing Memorandum of the United States 

was filed with the Court’s CM/ECF System this day, June 29, 2018, which provides electronic 

notice to all parties.

s/Ashley N. Brucato

ASHLEY N. BRUCATO (0090989)

Special Assistant United States Attorney