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THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

UNITED STATES OF AMERICA, :

Plaintiff, :

CASE NO. 2:17-CR-192

vs. :

JUDGE WATSON

GREGORY R. LEE, :

Defendant. :

DEFENDANT GREGORY R. LEE’S

SENTENCING MEMORANDUM

I. INTRODUCTION.

On November 30, 2017, the United States Probation Office disclosed the final 

Presentence Investigation Report (hereinafter “PSR”) that was prepared in this case. Under the 

existing rubric, sentences can only be imposed after moving through the following three-step 

process: (1) properly compute the applicable guideline sentencing range; (2) determine the 

propriety of a departure from that range; and (3) apply the relevant §3553(a) factors. USSG 

§§1B1.1(a)-(c). Adherence to this procedure yields a sentence that is “sufficient, but not greater 

than necessary” to satisfy Congress’ sentencing mandate codified in 18 U.S.C. §3553(a)(2). 

II. SENTENCING GUIDELINES.

The proposed guideline application on count one suggests a sentencing range of 360 

months imprisonment based on Lee’s total offense level 42 and his criminal history category I. 

(PSR, ¶80). There are no objections to these determinations. However, the plea agreement 

executed by the parties calls for a sentence, pursuant to Fed. R. Crim. P. 11(c)(1)(C), of 262 

months in prison and a term of supervised release of at least 20 years. (PSR, ¶5).

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III. DEPARTURES.

Once Lee’s sentencing range is established, the next consideration is to assess if there are 

any grounds for departure. In this case, there are no guideline applications supporting a 

departure. (PSR, ¶95). 

IV. SENTENCING FACTORS—18 U.S.C. § 3553(a).

By agreeing to a specific sentence in a Rule 11(c)(1)(C) plea agreement, both the 

government and Lee waived their respective rights to have this Court sentence him after 

considering the §3553(a) factors. United States v. Perez, 464 Fed. Appx. 467, 469 (6th Cir. 

2012). Consequently, a discussion of these factors is unnecessary to arrive at a sentence that is 

sufficient, but not greater than necessary, to satisfy Congress’ sentencing mandate. 

It deserves mention that if this Court implements the sentencing agreement memorialized 

by the parties and Lee is awarded all of the good-time credit that he can possibly earn, he will 

serve 216 months and 15 days in the BOP or 6,495 days. Therefore, Lee would be 71 years old 

at his release and would still have at least 20 years to serve on supervised release.

Lee has paid the $5,100.00 special assessment to the clerk of courts and he will need 

resources to be able to sustain himself after his release. Given the health issues that often plague 

those in the twilight of their lives, these costs can be immense and include assisted living and 

nursing home expenses. Consequently, it is respectfully requested that no fine be imposed in this 

case. 

V. CONCLUSION.

In light of the nature and circumstances of this offense, his history and characteristics, 

and the sentencing range established for this offense, Gregory R. Lee urges this Court to accept 

the Rule 11(c)(1)C) plea agreement and impose a sentence requiring him to serve 262 months in 

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prison on count one along with a 20 year term of supervised release. Given the relevant § 

3553(a) factors, this prison sentence and term of supervised release are sufficient, but not greater 

than necessary, to punish him for his offense and to protect the American public. 

Respectfully submitted,

/s/ Steven S. Nolder___________

Steven S. Nolder (0037795)

Scott and Nolder Law Firm

65 East State Street, Suite 200

Columbus, Ohio 43215

(614) 221-9790

snolder9@gmail.com

Attorney for Gregory R. Lee

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of this sentencing memorandum has been 

electronically served on AUSA Heather Hill and SAUSA Jennifer Rausch this 4th day of January, 

2018.

/s/ Steven S. Nolder

Steven S. Nolder (0037795)

Attorney for Gregory R. Lee

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