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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

UNITED STATES OF AMERICA,

Plaintiff,

vs.

CRAIG HOWARD GILBREATH, JR.,

Defendant.

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Case No.: 3:17 CR 204

UNITED STATES’ SENTENCING 

MEMORANDUM

 

Now comes the United States, by and through the undersigned Assistant United States 

Attorney, and respectfully provides the following sentencing memorandum.

Respectfully submitted,

BENJAMIN C. GLASSMAN

United States Attorney

s/ Andrew J. Hunt

Andrew J. Hunt (0073698)

Assistant United States Attorney

200 West Second Street, Suite 600

Dayton, OH 45402

(937) 225-2910

Fax: (937) 225-2564

Andrew.Hunt@usdoj.gov

Case: 3:17-cr-00204-WHR Doc #: 24 Filed: 10/29/18 Page: 1 of 3 PAGEID #: 43
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MEMORANDUM

On June 5, 2017, Defendant Craig Howard Gilbreath, Jr. (“Gilbreath”) ran from police 

while in possession of bags containing 14 grams of carfentanil, which he intended to distribute.

(R. 22, Plea Agreement, PAGEID# 40). On August 2, 2018, Defendant entered a guilty plea to 

Count One of the Indictment, namely “Possession with intent to distribute 10 grams or more of 

carfentanil,” in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). The statutory penalties 

include a minimum, mandatory term of 5 years up to 40 years in prison.

In crafting a sentence pursuant to 18 U.S.C. § 3553(a), the Court takes into account: 1) 

the nature and circumstances of the offense, and history and characteristics of the defendant, 2) 

the need to reflect the seriousness of the offense, to promote respect for the law, and provide just 

punishment for the offense, 3) the need to adequately deter criminal behavior, 4) the need to 

protect the public from future crimes of defendant, 5) providing rehabilitative services to 

defendant, 6) the kinds of sentences available, 7) the kinds of sentence and sentencing range 

established by the Sentencing Guidelines for the offense (and any pertinent policy statements), 8) 

restitution needs, and 9) the need to avoid unwarranted disparities among similarly situated 

defendants. The Court may place greater weight on certain factors as opposed to others. United 

States v. Zobel, 696 F.3d 558, 571 (6th Cir. 2012). 

The United States concurs with the United States Probation Office’s Sentencing 

Recommendation. Gilbreath (despite his youth) has an extensive criminal history, and has been 

non-compliant while under court supervision and incarcerated. See Presentence Report ¶¶ 31-34, 

36-41. Based on these facts, Defendant poses a great risk of recidivism, requires deterrence, and 

displays a lack of respect for the law. Furthermore, his offense is serious and implicates public 

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safety concerns, as fentanyl and its analogues are particularly lethal and their distribution 

threatens the community. A sentence within the guideline range would also tend to treat 

Gilbreath consistent with other similarly situated offenders.1

For these reasons, the recommended sentence would be sufficient, but not more than 

necessary to address the purposes of sentencing.

Respectfully submitted,

BENJAMIN C. GLASSMAN

United States Attorney

s/ Andrew J. Hunt

Andrew J. Hunt (0073698)

Assistant United States Attorney

200 West Second Street, Suite 600

Dayton, OH 45402

(937) 225-2910

Fax: (937) 225-2564

Andrew.Hunt@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was served October 29, 2018, upon 

Defendant’s counsel Mr. Thomas Anderson, Esq., via CM/ECF electronic filing.

s/ Andrew J. Hunt

Andrew J. Hunt (007368)

Assistant United States Attorney

 

1 18 U.S.C. § 3553(a)(6) is concerned with national sentencing disparities, and the Sentencing Guidelines are “good 

evidence of the national standard.” United States v. Simmons, 501 F.3d 620, 623, 627 (6th Cir. 2007). 

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