Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Wilcheck

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

April 24, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
GREGORY WILCHECK, Defendant.

          RECOMMENDED DISPOSITION

          Hanly A. Ingram, United States Magistrate Judge.

         On referral from District Judge Van Tatenhove (D.E. 51), the Court considers reported violations of supervised release conditions by Defendant Gregory Joseph Wilcheck.

         Judge Van Tatenhove entered a judgment against Defendant in August 2016 following a guilty plea to two counts of bank fraud in violation of 18 U.S.C. § 1344(2). D.E. 42, 44. He received a prison sentence of 36 months, followed by a five-year term of supervised release. D.E. 44 at 1-2. He was also ordered to pay $1, 408, 970.68 in restitution. Id. at 5. Defendant began his term of supervised release on June 6, 2018. On September 18, 2018, Defendant attended a status conference before Judge Van Tatenhove. D.E. 50.

         I.

         On January 9, 2019, the United States Probation Office (“USPO”) issued the Supervised Release Violation Report (“the Report”) that initiated these proceedings. According to the Report, on December 13, 2018, Defendant was arrested and charged in Fayette District Court case 18-T-28945 with driving while under the influence of alcohol and leaving the scene of an accident. The report states:

According to the Uniform Citation and DUI Arrest Report, Mr. Wilcheck was ultimately located at 3808 Salmon Court, Lexington, Kentucky, after his vehicle was witnessed in a collision at Trent Boulevard and Man O'War. Mr. Wilcheck allegedly fled the scene of that location, and a witness followed him to Gar Court, where he struck a mailbox and again fled the scene. A dispatched call reported that the suspect had driven on top of a large woodpile at 3808 Salmon Court. Upon Lexington Police arriving at the scene, Mr. Wilcheck and his vehicle smelled of alcoholic beverages, and he was barely able to hold himself up. An empty 375 milliliter of Barcardi Rum and a blue solo cup filled one fourth full with rum were located in the vehicle. His speech was slurred and questions had to be asked of him multiple times and he became combative. He was then transported to the hospital [where blood was drawn].

         This was Defendant's third DUI offense within ten years. According to Defendant's probation officer, the state prosecutor believed that one of the aggravators in Ky. Rev. Stat. § 189A.010(11) was present, meaning that Defendant's sentence on the state charge would include mandatory sixty days imprisonment, with a maximum imprisonment of twelve months. Specifically, the prosecutor suspected that Defendant's blood alcohol content was above .15g/100mL, triggering the enhanced punishment. See KRS § 189A.010(5)(c), (11)(d). This matter was continued several times as the parties awaited results of the blood test. In April 2019, the blood drawn from Defendant on December 13, 2018, revealed an extremely high blood alcohol content of .331 g/100mL. Defendant is scheduled to appear in state court on May 6, 2019.

         Based on this arrest, Violation #1 charges a violation of the condition that Defendant not commit another federal, state, or local crime. This is a Grade C violation.

         Violation #2 charges a violation of the condition requiring Defendant to make restitution payments. According to the Report, “Mr. Wilcheck has not paid restitution since October 22, 2018. He has paid a total of $1, 725 towards his total amount of restitution. His balance owed as of this writing is $1, 407, 445.68.” This is a Grade C violation. The government ultimately moved to dismiss this violation on account of the extenuating circumstances (discussed below) that made Defendant unable to continue payments.

         The Court conducted an initial appearance on the Report, pursuant to Rule 32.1, on January 14, 2019 and set a final hearing following a knowing, voluntary, and intelligent waiver of the right to a preliminary hearing. D.E. 53. The United States moved for interim detention; Defendant asked to continue the issue generally. Id. Based on the heavy § 3143 defense burden, Defendant was remanded to the custody of the United States Marshal. Id.

         At the final hearing on April 22, Defendant was afforded all rights due under Rule 32.1 and 18 U.S.C. § 3583. D.E. 62. The government moved to dismiss Violation #2, and Defendant stipulated to Violation #1. He admitted that he had consumed alcohol before driving, and that he kept driving after hitting another vehicle and a mailbox. For purposes of Rule 32.1 proceedings, Defendant admitted the factual basis for this violation as described in the Report. The United States thus established Violation #1 under the preponderance-of-the-evidence standard of § 3583(e)(3).

         II.

         The Court has evaluated the entire record, including the Report, its accompanying documents, and the sentencing materials from the underlying Judgment. Additionally, the Court has considered all the § 3553 factors imported into the § 3583(e) analysis.

         Under § 3583(e)(3), a defendant's maximum penalty for a supervised release violation hinges on the gravity of the underlying offense of conviction. Defendant pleaded guilty to two counts of bank fraud in violation of 18 U.S.C. § 1344(2)-a Class B felony. D.E. 42, 44. For a Class B felony, the maximum revocation ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.