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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA 

 No. 20 CR 256 

 v. 

 Honorable Virginia M. Kendall

BRANDON PEQUES

OBJECTIONS TO THE PRESENTENCE INVESTIGATION REPORT 

AND DEFENDANT’S SENTENCING MEMORANDUM

Now comes the Defendant, BRANDON PEGUES, by and through his attorney, Michael E. 

Baker and submits Objections to the Presentence Investigation Report and Defendant’s Sentencing 

Memorandum. 

I. Objections to the Presentence Investigation Report

The Presentence Investigation Report (“PSR”), relying on a May 18, 2021 violations 

report, relates that on three separate occasions Brandon failed to report law enforcement contact

on January 18, 2021, March 10, 2021 and March 30, 2021 to the pretrial services office. (See PSR 

¶¶ 3, 38, 39 40). While Brandon did briefly have contact with the Markham Police Department 

on January 18, 2021, there was no arrest that was effectuated. Brandon however, denies having 

any contact whatsoever with any member of law enforcement on March 10th or March 30th. 

Brandon was made aware for the first time of the allegations on the March 10th and March 30th 

dates after being contacted by pretrial services in May of 2021 and made aware that a violation 

report would be filed against him. 

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II. Advisory Sentencing Guidelines

There are no disputes to the advisory guideline range. The adjusted base offense level is 

12. With 0 criminal history points Brandon has a criminal history category of I and a resultant 

guideline range of 10 to 16 months. (PSR ¶¶ 13-21, 35). 

III. Conditions of Supervised Release

Brandon objects to the proposed condition number sixteen (16). Permitting a probation 

officer from visiting him at work and school is counter-intuitive and counter-productive. The 

presence of a United States Probation Officer at his place of work and/or school would have the 

serious potential of jeopardizing his employment or educational opportunities by drawing needless 

attention to his status as not only a convicted felon, but also a person who is on supervised release. 

The challenges of finding gainful employment and education opportunities will be substantial 

enough. The ability to supervise Brandon in no way would be compromised by limiting the 

probation officer to visit at his home or other specified location. Brandon otherwise is in 

agreement with all of the other conditions of supervised release. 

IV. 18 U.S.C. §3553 

Under §3553, the Court must consider several factors after computing the proper 

sentencing guidelines. These include: 

(1) the nature and circumstances of the offense and the history and characteristics of the defendant;

(2) the need for the sentence imposed – 

(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide 

just punishment for the offense; 

(B) to afford adequate deterrence to criminal conduct;

(C) to protect the public from further crimes of the defendant; and

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(D) to provide the defendant with needed education or vocational training, medical care, 

or other correctional treatment in the most effective matter;

(3) the kinds of sentences available; 

(4) the advisory guideline range; 

(5) any pertinent policy statements issued by the Sentencing Commission;

(6) the need to avoid any unwarranted sentence disparities; and

(7) the need to provide restitution to any victims of the offense. 

The task of the trial judge is to “impose a sentence sufficient, but not greater than necessary, 

to comply with the purposes set forth in paragraph (2).” United States v. Galvez-Barrios, 355 

F.Supp.2d 958, 960 (E.D. Wis. 2005) (quoting 18 U.S.C. §3553(a)). 

V. The History and Characteristics of the Defendant

Brandon has spent the majority of his twenty-nine years in the south suburbs of Chicago. 

(PSR ¶ 62). He was raised by his mother, Ann Brown. Unfortunately, Brandon did not have the 

not have the benefit of having a relationship with his biological father, Gerald Pegues, and 

throughout his most formative years did not have his father in his life. (PSR ¶ 58). The task of 

raising Brandon fell to his mother who provided a loving, supportive and financial secure 

upbringing. Aside from his father, Brandon has a close relationship with all of his siblings. While 

his family members are shocked that Brandon placed himself in this situation, they remain 

committed to supporting him in any and all ways that they can. (PSR ¶ 59). 

Brandon also has two children, a six-year-old son and four-year-old daughter that live with 

their mother, Paris Roper. By all accounts, he is a loving and devoted father to both of his kids 

and sees and spends time with them several times throughout the week. (PSR ¶ 61). Brandon has 

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agonized over the thought of going to prison and not seeing his children but has also taken the 

initiative to ensure his children are still supported when he is away. (PSR ¶ 61) 

In addition to his two children, Brandon is expecting another child with his current 

girlfriend, Ariel McNulty. Brandon and Ariel have been in a relationship for just over a year 

together. Ariel, a registered nurse, has been supportive of Brandon throughout the pendency of 

this case. (PSR ¶ 60). Brandon has every intention of maintaining his current relationship and 

raising their child together. 

Brandon is committed to focusing on and developing job training skills, so he has a 

vocation and the ability to financially provide for his family in the future. He has explored and 

committed to obtaining his commercial driver’s license in order to accept a position at Schneider 

Trucking. Unfortunately, his efforts in obtaining this goal have been stymied by the company’s 

policy that Brandon’s license be free of any violations for a full year. Brandon is currently on 

track to be eligible for employment with the company in 8 months. 

VI. Reasonable Sentence

Brandon hopes that the Court has a more complete picture of who he is in order to impose 

a sentence that is sufficient, but not greater than necessary to comply with the purpose of 

sentencing. Brandon has a large family that love and cherish him. They have promised to do 

anything and everything to help him once he is released. Sometimes, it takes more than one lesson 

before someone finally, really understands what needs to be done so they can change past 

destructive patterns. While Brandon understands that his actions have led him to this point and 

that he will be incarcerated for the actions he took, it is also clear to him now, that he wants to be 

a part of his family and children's lives and in order to do that he must remain free from criminal 

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activity. While obstacles will arise, Brandon feels that he is better equipped to handle those 

obstacles. 

Brandon is ready to accept his punishment, change his life and move forward. Considering 

the facts and circumstances of this case as well as Brandon’s minimal criminal history, Mr. Pegues 

requests that this Honorable Court exercises the discretion granted to it and sentence him to a term 

of 5 months in custody and the remaining 5 months in a community confinement center. This is a 

sentence that satisfies the requirement that his sentence be reasonable and sufficient, but not greater 

than necessary to comply with the purpose of sentencing. 

Respectfully submitted,

 /s/ Michael E. Baker 

 

Michael E. Baker

ARDC No. 6291373 

190 LaSalle St., Suite 1540 

Chicago, Illinois 60603 

P: (312) 782-4640 

mike@spectorbaker.com

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CERTIFICATE OF SERVICE

I hereby certify that on the 7th day of July, 2021, I electronically filed the foregoing 

Objections to Presentence Investigation Report and Defendant’s Sentencing Memorandum with 

the Clerk of the Court using the ECF system which will send notification of such filing to all parties 

to the district court’s system as to ECF filers.

 By: /s/ Michael E. Baker

 

Michael E. Baker

ARDC No. 6291373 

190 LaSalle St., Suite 1540 

Chicago, Illinois 60603 

P: (312) 782-4640 

mike@spectorbaker.com

 

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