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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA )

)

 v. ) CAUSE NO. 2:15 CR 59

)

DRAKKAR BOYD )

GOVERNMENT'S SENTENCING MEMORANDUM

Comes now the United States of America, by counsel, David Capp, 

United States Attorney for the Northern District of Indiana, and files the 

below sentencing memorandum addressing the Title 18, U.S.C. Section 3553 

factors.

Title 18, United States Code Section 3553(a) sets forth a number of 

factors, including but not limited to the nature and circumstances of the 

offense and the history and characteristics of the defendant; the need for the 

sentence imposed to reflect the seriousness of the offense, promote respect for 

the law, and provide just punishment; and the need for the sentence imposed 

to afford adequate deterrence and protect the public.

With a total offense level of 19 and a criminal history category of III in 

the presentence report, the advisory guideline sentencing range is 37 to 46

months imprisonment. It is the government’s position that a sentence of 37

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months imprisonment, which is at the minimum of the advisory guideline 

range, is justified based upon analysis of the Section 3553(a) factors in this 

case, and the government believes such a sentence is a fair and reasonable 

sentence under all circumstances based on the following factors: 

I. Nature and Circumstances of the Offense

Regarding the “nature and circumstances of the offense,” the offense 

involved the defendant, as a felon, concealing a sawed-off shotgun in his pant 

leg, fleeing from police, and tossing the sawed-off shotgun over a fence. PSR ¶ 

10. The defendant has committed a serious crime, and a sentence of 37

months imprisonment is justified based on the nature and circumstances of 

the offense. 

II. “History and Characteristics of the Defendant”

Regarding the history and characteristics of the defendant, the 

defendant has a prior felony conviction in 2014 for robbery, which involved the 

defendant grabbing and taking a purse from a woman by the use or threatened 

use of force. PSR ¶ 31. The defendant was sentenced to three years

imprisonment, which was suspended, to be served on probation. PSR ¶ 31. 

The defendant committed the instant offense of possessing a firearm as a felon 

while on probation for this robbery conviction. PSR ¶¶ 31, 33. This criminal 

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history displays a defendant who has not been deterred from criminal firearm 

possession by his prior felony conviction or his probationary sentence. This 

criminal history militates in favor of a sentence of imprisonment in the instant 

case. 

Regarding the “history and characteristics of the defendant,” the 

defendant informed the Probation Department that his family life growing up 

was fair, and he stated that he was not able to have what he wanted but his 

mother did her best to provide for the family. PSR ¶ 41. The defendant

stated that there were no dysfunctions or abuse at home. PSR ¶ 41. In 

addition, the defendant has one child, born in 2014, and this child lives with 

the child’s mother, whom the defendant has been dating for four years. PSR 

¶ 45. The defendant does not have a drug or alcohol problem. PSR ¶¶ 51-52. 

The defendant has attended at least part of 11th grade at Hammond High 

School, but he has not yet graduated or completed a GED. PSR ¶¶ 53-54.

The defendant has no employment history. PSR ¶ 55. 

The balance of the aggravating and mitigating factors that encompass 

the defendant’s history and characteristics militate in favor of a sentence of 37

months imprisonment. 

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III. Seriousness of the Offense, Respect for the Law, Just Punishment, 

Deterrence, and Protection of the Public

Section 3553 requires the court to consider “the need for the sentence 

imposed to reflect the seriousness of the offense, promote respect for the law, 

and provide just punishment,” in addition to requiring the court to consider 

“the need for the sentence imposed to afford adequate deterrence to criminal 

conduct; and to protect the public from further crimes of the defendant.” 

Possessing a sawed-off shotgun while on felony probation for a robbery 

conviction is a very serious offense.

The defendant’s instant offense occurred only a little more than two 

months after being sentenced to three years of probation for his 2014 robbery 

offense. His prior sentence of probation did not deter him from committing 

the instant serious offense. The defendant’s history of threatened use of 

violence and his illegal firearm possession in the instant case militate in favor 

of a sentence of 37 months imprisonment to protect the public from further 

crimes of the defendant. A sentence of 37 months imprisonment will promote 

respect for the law and provide just punishment for the offense as well. The 

balance of the aggravating and mitigating factors under Section 3553 weigh 

strongly in favor of a sentence of 37 months imprisonment as a fair and just 

sentence under all circumstances.

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 CONCLUSION

WHEREFORE, based upon the balance of all Section 3553 factors, the 

government respectfully requests the Court sentence the defendant to a term 

of imprisonment of 37 months, followed by a term of supervised release in the 

Court’s discretion. 

Respectfully submitted,

DAVID CAPP

UNITED STATES ATTORNEY

BY: /s/Dean R. Lanter 

Dean R. Lanter

Assistant United States Attorney

5400 Federal Plaza, Suite 1500

Hammond, Indiana 46320

Tel: (219) 937-5500

Fax: (219) 852-2770

E-mail: Dean.Lanter@usdoj.gov

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

UNITED STATES OF AMERICA )

)

v. ) 2:15 CR 59

)

DRAKKAR BOYD )

Certificate of Service

The undersigned certifies that he is an employee in the Office of the U.S. 

Attorney for the Northern District of Indiana and is a person of such age and 

discretion as to be competent to serve papers; that on October 6, 2015, 

Matthew Soliday, Attorney for the Defendant, was served electronically.

BY: /s/Dean R. Lanter 

Dean R. Lanter

Assistant United States Attorney

5400 Federal Plaza, Suite 1500

Hammond, Indiana 46320

Tel: (219) 937-5500

Fax: (219) 852-2770

E-mail: Dean.Lanter@usdoj.gov

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