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UNITED STATES DISTRICT COURT FOR THEDISTRICT OF COLUMBIAUNITED STATES OF AMERICA:v.: Criminal Case No. 08-342 (RWR)FRANK LESTER REDDICK,:Defendant.:UNITED STATES’ MEMORANDUM IN AID OF SENTENCING
The United States of America, by and through its attorney, the United States Attorney forthe District of Columbia, hereby respectfully submits its Memorandum in Aid of Sentencing,recommending that the defendant be sentenced to a total of 82 months of incarceration, followedby 3 years of supervised release and/or probation, as appropriate. Further, the governmentrequests that as part of the defendant’s supervised release and/or probation conditions, thedefendant be required to make restitution as contemplated by statute and by the plea agreement,to comply with other court orders, and to attend anger management and/or domestic violenceintervention classes. In support thereof, the United States respectfully states the following:
Background
1.The defendant pleaded guilty to five offenses: (a) Bank Robbery, in violation of 18 U.S.C. § 2113(a) (“Count 1”); (b) Robbery, in violation of 22 D.C. Code § 2801 (“Count 2”);(c) Assault, in violation of 22 D.C. Code § 404 (“Count 3”); (d) Attempted Theft, in violation of 22 D.C. Code §§ 1803, 3211, and 3212(b) (“Count 4”); and Escape, in violation of 22 D.C. Code§ 2601 (“Count 5”). These charges are the result of a four-month crime spree by the defendant,from May to September of 2008, during which time he persisted in a pattern of robbery, assault,and evasion of authorities. In summary:
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1
No charges are being brought on account of this robbery as part of the plea agreement.
2
Although the defendant attempted to minimize his conduct during the plea proffer, theseevents were all witnessed by a nurse who came into the room and had to pull the defendantoff of Ms. Blakes.
3
No charges are being brought on account of this robbery as part of the plea agreement.2
!
On May 5, 2008, the defendant walked into the Landmark E Street Cinema,handed the cashier a note claiming that he had a gun and demanding cash, andthen robbed the cinema of $446.00.
1
 
!
The defendant returned and did the same thing again on June 20, 2008, this timetaking a total of $439.50 from the cinema. (Count 2).
!
The very next day, on June 21, 2008, the defendant went to GeorgetownUniversity Hospital to see Ms. Kadaira Blakes, who had given birth to their childa few days earlier. During an argument over money, the defendant became angry,grabbed at the diaper bag in which he believed the money had been placed,pushed Ms. Blakes, punched her in the back of the head, and shook her.
2
(Count3).
!
Three days later, on June 24, 2008, the defendant walked into Capitol Eyes, aneyeglass store located in the District of Columbia, handed an employee a robberynote stating that he had a gun in his pocket, and that he would shoot if the victimrefused to turn over the money. In that case, the employee fled, so the defendantleft the store without any money. (Count 4).
!
On September 10, 2008, while he was remanded to a halfway house, thedefendant walked into a District of Columbia branch of Chevy Chase Bank andhanded the teller a withdrawal slip and a note that read, “I have a gun and I amgoing to shoot threw [
sic
] the window. I want 2,000 in 100s.” He robbed thebank of $2,600.00.
3
 
!
Two days later, on September 12, 2008, the defendant ran away from the halfwayhouse to which he had been transferred on July 7, 2008, and never returned.(Count 5).
!
On September 15, 2008, the defendant walked into a District of Columbia branchof Wachovia Bank, walked up to a teller, and presented a note stating, “Look, Ihave a gun. Just give me money, or I will shoot and kill. $100 dollar bills and$50 is what I want.” When the teller looked at the defendant in disbelief, thedefendant lifted up his shirt in a manner that suggested to the teller that the
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4
Paragraph 90 of the presentence report indicates that the defendant must pay restitution toboth Chevy Chase Bank and to Wachovia Bank. As Wachovia Bank is the named victim of the charged bank robbery, the government agrees that restitution to Wachovia Bank in theamount of $3,121.00 is mandatory, pursuant to 18 U.S.C. §§ 3663A(a)(1) and (c). However,the agreement does not require the defendant to make restitution to Chevy Chase Bank, thevictim of the bank robbery that will be dismissed as part of the plea agreement. Accordingly,it does not appear that restitution to Chevy Chase Bank is required.
See
18 U.S.C.3663A(a)(3) (requiring restitution to non-victims only where making such restitution is arequirement of the plea agreement).3defendant had a gun in his waistband. The defendant then stated, “Give me ten$100 bills and ten $50 bills.” He robbed Wachovia of $3,121.00. (Count 1).This crime spree ended only when the defendant was arrested on September 16, 2008,and from all appearances, only because he was held without bond at that point.
Statutory Penalties
2.
Federal Offense.
Count 1, the charge of Bank Robbery, carries a maximumsentence of twenty years of imprisonment, a fine of $250,000 or a fine of twice the pecuniarygain or loss pursuant to 18 U.S.C. § 3571(d),
 
and an obligation to pay any applicable interest orpenalties on fines
 
not timely made and a term of up to three years of supervised release.
 
Inaddition, the defendant must pay a special assessment of $100 per felony conviction to the Clerk of the United States District Court for the District of Columbia prior to the date of sentencing.
 
The defendant is eligible for a term of probation of no less than one year and no more than fiveyears. 18 U.S.C. § 3561(c)(1). The defendant must pay restitution to Wachovia Bank. 18U.S.C. § 3663A.
4
 3.
District of Columbia Offenses.
Count 2, the charge of Robbery, carries aminium sentence of two years of imprisonment, a maximum sentence of fifteen years of imprisonment pursuant to 22 D.C. Code § 2801, and a term of up to three years of supervisedrelease pursuant to 24 D.C. Code § 403.01. Count 3, the charge of Simple Assault, carries a
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