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United States v. Davis

United States District Court, E.D. Kentucky, Southern Division, London

May 7, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
KEVIN ALLEN DAVIS, JESSE RICHARDSON, JR., JOHN EVERETT CARR, BRIAN M. IRVIN, and FLOYD SHELTON, JR., Defendants.

MEMORANDUM OPINION & ORDER

GREGORY F. VAN TATENHOVE, District Judge.

Defendants Kevin Allen Davis, Jesse Richardson, Jr., John Everett Carr, Brian M. Irvin, and Floyd Shelton, Jr. operated a theft ring involving stolen vehicles and vehicle components. After each pled guilty to aiding and abetting the disposition of stolen vehicles across state lines or to conspiracy to operate a chop shop, this Court sentenced them for their involvement in this scheme (London Criminal No. 13-44-GFVT), as well as Brian Irvin's involvement as an accessory after the fact (London Criminal No. 14-23-GFVT), but deferred ruling on the amount of restitution pursuant to 18 U.S.C. § 3664(d)(5). [No. 13-44-GFVT, R. 217, 218, 219, 224; No. 14-23-GFVT, R. 22]. Prior to those sentencings, the Court conducted a restitution hearing, [R. 171], and the United States filed a supplemental memorandum in support of its recommended restitution amounts, [R. 172]. Defendants Davis, Carr, Irvin, and Shelton filed objections. [R. 177, 180, 181, 182]. Having reviewed the evidence, the Defendants' objections, and all relevant filings, the Court will order restitution for the victims of the Defendants' crimes.

I

Between July and October of 2009, Kevin Allen Davis, aided by Jesse Richardson and John Everett Carr, stole vehicles and heavy machinery from Tennessee and Georgia. These stolen items were brought back to Whitley County, Kentucky, where they were either sold intact, dismantled and sold, or stored on property owned by Floyd Shelton and Brian Irvin for future resale. After all five defendants entered guilty pleas, the parties moved for a restitution hearing, [R. 166], which the Court convened on October 29, 2014.

During the restitution hearing, the Government introduced a spreadsheet created by the United States Probation Office identifying the thirty-one stolen items, the victims, the fair market value for each item at the time of the theft, [1] and each defendant's respective liability for those losses. [ See R. 170, Government Ex. 2]. The chart was included in each defendant's presentence investigation report for purposes of calculating the loss amount relevant to the defendant's offense level under the United States Sentencing Guidelines. The Government also introduced the affidavits of fifteen victims setting forth their losses and expenses arising from this offense. [R. 170, Government Ex. 1].

The Court heard testimony from United States Probation Officer Melissa Jeffries, who compiled the spreadsheet and victims' declarations of loss, and Kentucky State Police Detective Ryan Judd, who handled the investigation and recovery of the items. Victim Lora Treece, co-owner of City Limits Motors, also testified regarding her losses, as well as the broader impact of the theft on her business. The specific relevant facts from each witness' testimony are included as needed below.

At the Court's direction, the Government filed a supplemental brief to amend its proposed restitution amounts, explain the methodology it used to reach those figures, and offer additional evidence. [R. 172]. It seeks restitution for the following items:[2]

• a GMC Rollback Truck and tools (Item 1);[3]
• a 1996 Ford Dump Truck chassis (Item 5) and its bed (Item 11);
• a 1999 Ford F550 truck (Item 7);
• a 2007 Hardeebuilt trailer (Item 14);
• a 2004 Ford truck (Item 18);
• a New Holland skid steer (Item 26);
• a 1990 Ford bucket truck (Item 20);
• a 1999 Dodge truck and its attached equipment (Item 21);
• a 2001 Chevy truck (Item 19) and its rollback bed (Item 13);
• a Jerdan rollback bed (Item 23); and
• a second New Holland skid steer (Item 25).

[ See id. ]. Four of the five defendants filed objections challenging the Government's requested ...


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