UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION 

UNITED STATES OF AMERICA 

Plaintiff, 

v. CASE NUMBER: 3:15-CR-00052 JD 

DAVID FELSKI 

Defendant. 

 / 

DEFENDANT’S SENTENCING MEMORANDUM 

 The Defendant, David Felske, submits the following for the Court’s consideration at the 

sentencing herein: 

Sentencing Guidelines

 In the final Presentence Report [Doc. No. 14], the maximum term of imprisonment was 

reported to be 10 years. (Paragraph 68). The sentencing guidelines range would ordinarily be 100 

months to 125 months, but the presentence report concluded that because the maximum term of 

imprisonment was 10 years, the sentencing guidelines range was 100 to 120 months. Neither party 

objected to that report. [Doc. No. 15]. The government’s sentencing memorandum [Doc. No. 16], 

however, contends that the maximum sentence is 20 years, and that the sentencing guidelines range 

would be 100 to 125 months. 

 Mr. Felske disagrees with the government’s assessment of the penalties. The Seventh 

Circuit held in United States v. Buchmeier, 255 F.3d 415 (7th Cir. 2001), that a charge of possession 

of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g) and possession of a stolen 

firearm in violation of 18 U.S.C. § 922(j), where the firearm was the same firearm, was a single 
offense. Mr. Felske can accordingly be sentenced on only one offense. The maximum sentence 

that the Court could impose would accordingly be 10 years, not 20 years. 

 The parties had no other disagreements as to the sentencing guidelines. 

Proposed Conditions of Supervision

 Mr. Felske has no objections to the proposed conditions of supervision as contained in the 

final presentence report. 

Factors Pursuant to 18 U.S.C. § 3553(a) 

 Mr. Felske is 25 years of age. He has a background of significant physical and mental abuse 

as a child, and a history of both substance abuse, including alcohol and marijuana. A drug 

screening was not administered, but it is clear that because of a history of drug use, Mr. Felske 

would benefit from drug treatment. Mr. Felske also has a history of mental health issues. The Court 

should recommend a facility where he can receive both a mental health evaluation and participation 

in the Residential Drug Abuse Program. 

 Mr. Felske is otherwise in good health. He has a stable family relationship, and is married 

and supports his wife’s daughter. He serves as a father figure to that child, and appears to be a 

good family person. Despite the history of abuse, he maintains good contact with his mother and 

step-father and with his siblings. 

 Mr. Felske has been incarcerated previously. He made good use of that time, completing 

both his GED and college credits. He has a limited employment history, due in part to his prior 

record. 

 
Defendant’s Suggested Sentence

 The term of imprisonment under the statute for Mr. Felske’s offenses is up to ten years. 

The maximum sentence should be reserved for those presenting the greatest risk and the greatest 

danger to the public. Mr. Felske does not appear to fall into either category. His Criminal History 

Category is significantly elevated because he was found guilty of violating no-contact orders on 

two occasions. The no-contact order was secured by the family of his 16-year old girlfriend. He 

was 18 at the time. The circumstances show a lack of judgment rather than a criminal intent. His 

criminal history appears overstated because of these no-contact violations. 

 Based on the foregoing, Mr. Felske suggests that a sentence somewhat below the guidelines 

at 84 months (the equivalent of a Criminal History Category IV) would be a sentence which is 

sufficient, but not greater than necessary, to meet the purposes of sentencing. 

Dated: November 9, 2015 . 

Northern District of Indiana 

Federal Community Defenders, Inc. 

By: s/ H. Jay Stevens 

H. Jay Stevens, Staff Attorney 

227 S. Main Street, Suite 100 

South Bend, IN 46601 

Phone: (574) 245-7393 

Fax: (574) 245-7394 

eMail: jay_stevens@fd.org

 
CERTIFICATE OF SERVICE 

I hereby certify that on November 9, 2015 I electronically filed the foregoing with the 

Clerk of the Court using the CM/ECF system which sent notification of such filing to the 

following: 

Donald J. Schmid 

Assistant United States Attorney. 

/s/ H. Jay Stevens 

H. Jay Stevens, Staff Attorney 

Northern District of Indiana 

Federal Community Defenders, Inc.