UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

___________________________________

)

UNITED STATES OF AMERICA )

)

v. )

) Criminal No. 18-0372 (PLF)

TYRONE GRANDBERRY, )

)

Defendant. )

___________________________________ )

MEMORANDUM OPINION AND ORDER 

On June 29, 2021, the parties in this case appeared before the Court for a 

sentencing hearing. That hearing is scheduled to resume on July 19, 2021 at 10:00 a.m. in 

Courtroom 29 in the courthouse Annex. In anticipation of that hearing, the Court hereby directs 

the parties to clarify the following issues through submission of supplemental memoranda.

As the Court noted at the June 29, 2021 hearing, the first step in determining Mr. 

Grandberry’s sentence is to calculate his offense level under the Sentencing Guidelines. The 

Court understands the position of the United States to be that the total offense level is 24, and the 

position of Mr. Grandberry to be that the total offense level is 20. The Court further understands 

that part of the discrepancy between these positions relates to the application of the sophisticated 

means enhancement pursuant to U.S.S.C. § 2B1.1(b)(10)(C). The Court does not understand

how Mr. Grandberry calculated the offense level with respect to the remainder of the 

discrepancy. Mr. Grandberry is therefore directed to set forth in his supplemental memorandum

his offense level calculation and the reasons for that calculation. 

With respect to the loss calculation, the Court understands the position of the 

United States to be that the United States Probation Office (“Probation Office”) correctly 
2

calculated the loss amount as more than $3,500,000 but less than $9,500,000, resulting in an

increase of 18 levels from the base offense level. See Presentence Investigation Report (“PSR”) 

[Dkt. No. 30] at 16. The United States is directed to confirm in its supplemental memorandum 

whether it agrees that the loss amount is more than $3,500,000 but less than $9,500,000. 

Mr. Grandberry did not state explicitly his position on the loss amount. As the 

Court noted at the June 29, 2021 hearing, if Mr. Grandberry disagrees with the Probation 

Office’s conclusion that the loss amount is more than $3,500,000 but less than $9,500,000, this 

could help explain how he calculated a total offense level of 20, while the United States and the 

Probation Office both calculated a total offense level of 24. Mr. Grandberry is directed to clarify

in his supplemental memorandum whether he disagrees that the loss amount is more 

than $3,500,000 but less than $9,500,000, and if so, how he arrives at different loss amount.

The Court also seeks clarification on the parties’ positions concerning restitution. 

The United States is directed to clarify whether it still believes that the restitution amount 

is $3,622,185, as well as whether the victims and corresponding restitution amounts identified in 

its sentencing memorandum still represent all of the victims that it believes are entitled to 

restitution, in the amounts stated for each victim. See Government’s Sentencing Memorandum 

[Dkt. No. 34], at 11. The Court notes that the United States’ restitution calculation differs from 

the Probation Office’s restitution calculation of $4,135,419. See PSR at 13. The United States is 

directed to clarify the reasons for this discrepancy. 

To the Court’s knowledge, Mr. Grandberry has not taken a position concerning 

the restitution amount or the individuals to whom restitution is owed. Mr. Grandberry is directed 

to clarify in his supplemental memorandum whether he disputes either of the restitution 

calculations and whether he adopts the views of the United States or the Probation Office 
3

concerning restitution, or proposes some different amount for any of the victims. It therefore is 

hereby

ORDERED that on or before July 15, 2021, Mr. Grandberry shall submit a 

supplemental memorandum setting forth how he calculates the offense level under the 

Sentencing Guidelines; explaining whether he disagrees with the Probation Office’s calculation 

that the loss amount is more than $3,500,000 but less than $9,500,000, and if so, how he arrives 

at a different loss amount; and clarifying his position on the restitution amount; and it is

FURTHER ORDERED that on or before July 15, 2021, the United States shall 

submit a supplemental memorandum explaining whether it agrees with the Probation Office’s 

calculation that the loss amount is more than $3,500,000 but less than $9,500,000; confirming 

whether it continues to hold the position concerning restitution set forth in its Sentencing 

Memorandum [Dkt. No. 34]; and clarifying the reasons for the discrepancy between its 

restitution calculation and that of the Probation Office.

SO ORDERED.

/s/

 PAUL L. FRIEDMAN

 United States District Judge

DATE: July 1, 2021