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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

UNITED STATES OF AMERICA,

Plaintiff,

vs.

DARYL IAN EVANS, 

Defendant.

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Case No.: 3:18 CR 111

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: 3:18-cr-00111-WHR Doc #: 28 Filed: 05/09/19 Page: 1 of 4 PAGEID #: 113
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MEMORANDUM

On or about January 15, 2018, Defendant Daryl Ian Evans (“Evans”) was found in 

possession of four firearms after having been previously convicted of a felony offense. (R. 25, 

Plea Agreement, PAGEID# 66). On February 19, 2019, Watson entered a guilty plea to Count 

One of the Indictment, namely “Possession of a firearm after having been previously convicted 

of a felony offense,” in violation of 18 U.S.C. § 922(g)(1). The statutory penalties include a term 

of up to 10 years in prison. The parties agreed that Watson should be sentenced to a term of 

imprisonment not to exceed 84 months, per Rule 11(c)(1)(C) of the Federal Rules of Criminal 

Procedure. (Id., PAGEID# 63).

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 respectfully requests that the Court adopt the Rule 11(c)(1)(C) plea 

agreement between the parties. Moreover, the United States recommends a sentence of 84 

months. Evans has convictions for domestic violence (twice), a felony drug offense, assaulting a 

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corrections officer, and numerous misdemeanor offenses (many of which did not score for 

criminal history purposes). (Presentence Report (PSR) ¶¶ 36, 42, 43, 52, 58). He was under 

court supervision when he committed this offense and engaged in drug trafficking. (PSR ¶ 52; R. 

25, Plea Agreement, PageID# 66). Evans has served multiple prison sentences, and has been 

placed on probation 17 times.

1 (PSR ¶¶ 33, 35-37, 39-44, 46-50, 52-54). Evans (who just turned 

36 years old) has 23 prior convictions as an adult. (Id. at ¶¶ 33-55). Despite these prior 

sanctions, he has not been deterred from continued criminal conduct.

A guideline sentence – namely, 84 months – would tend to treat Evans like other 

similarly situated offenders.

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 In fiscal year 2017, firearm offenders nationwide received a 

downward variance/departure (not sponsored by the government) in just roughly 25% of cases.3 

Evans’ criminal history and conduct here indicate that his case should not be among that 25%.

 

1 On more than one occasion, Evans apparently committed new offenses while under probation supervision, but was

nonetheless terminated without any sanction imposed. (See PSR ¶¶ 47-50, 52, 53).

2 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). 

3 United States Sentencing Commisson’s 2017 Sourcebook of Federal Sentencing Statistics, Table 27, Sentences 

Relative to the Guideline Range by each Primary Offense Category Fiscal Year 2017;

www.ussc.gov/sites/default/files/pdf/research-and-publications/annual-reports-and-sourcebooks/2017/Table27.pdf. 

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CONCLUSION

The United States believes a 84 month prison sentence would be sufficient, but not more 

than necessary to address the 18 U.S.C. § 3553(a) factors.

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

Andrew.Hunt@usdoj.gov

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was served May 9, 2019, upon Mr. Karl 

Kordalis, Esq., via CM/ECF electronic filing.

s/ Andrew J. Hunt

Andrew J. Hunt (0073698)

Assistant United States Attorney

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