Case 1:23-cr-00039-RJJ ECF No. 61, PageID.

364 Filed 01/02/24 Page 1 of 7

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
__________

UNITED STATES OF AMERICA, FILE NUMBER: 1:23-CR-39

Plaintiff,
HONORABLE ROBERT J. JONKER
v. U.S. DISTRICT JUDGE

CARLOS WATTS,

Defendant.

DEFENDANT’S SENTENCING MEMORANDUM

Defendant Carlos Watts, through counsel, offers this sentencing memorandum

for the Court’s consideration in anticipation of sentencing on January 12, 2024, at

4:00 p.m. The probation office has filed a final Presentence Investigation Report

(PSIR). Mr. Watts objects to the finding that he is not entitled to a two-level scoring

reduction based on acceptance of responsibility. He further disagrees with the

recommendation that a 24-month prison sentence is appropriate because the criminal

history scoring underrepresents the seriousness of his criminal history.

Introduction and Background

Mr. Watts is thirty-eight years old. He was raised by his mother in Lansing,

Kalamazoo, and Battle Creek. She was physically and emotionally abusive,

disciplining Mr. Watts by beating him with an extension cord. His father was often

in jail or prison. However, when around, his father beat him as well. Mr. Watts turned
 Case 1:23-cr-00039-RJJ ECF No. 61, PageID.365 Filed 01/02/24 Page 2 of 7

to his grandmother for support and stability. He was sexually abused by a family

member when he was a teenager.

Mr. Watts started to get into trouble when he was 14. He was placed in several

juvenile facilities, including Starr Commonwealth. He always showed potential but

could not stay out of trouble. He has spent his spare time studying financial markets.

Mr. Watts has two children. In 2006, Mr. Watts lived in East St. Louis, Illinois.

He was in a relationship with Chastity Moore and she had twins.

In March, 2013, Mr. Watts was convicted in this Court of drug and gun charges

and was sentenced to a total of 156 months in prison. He started supervised release

in July of 2022 and was assigned to live at KPEP in Kalamazoo. He was still living

there on December 12, 2022, when the present offense happened. From July to

December of 2022, Mr. Watts always held at least one job in the community. He held

two jobs in December of 2022.

During the second half of 2022, Mr. Watts became involved in a relationship

with Heather Kelly. They planned to move in together when Mr. Watts was released

from KPEP. Mr. Watts tried to support Ms. Kelly and her 8 children by providing

emotional support and money from his earnings.

Mr. Watts pleaded guilty to the offense of escape, and he should be sentenced

for that offense. The offense occurred on December 12, 2022. However, Ms. Kelly

disappeared on or about December 10, 2022. Mr. Watts is apparently considered the

primary suspect in Ms. Kelly’s disappearance. He denies any involvement in the

2
 Case 1:23-cr-00039-RJJ ECF No. 61, PageID.366 Filed 01/02/24 Page 3 of 7

disappearance and speculation about Ms. Kelly’s whereabouts is not relevant to this

sentencing proceeding.

Mr. Watts knew Ms. Kelly’s family, including her brother, Tim Kelly. The

interaction between Mr. Watts and Tim Kelly is important to the case. It is

undisputed that a day or two after Ms. Kelly went missing, Tim Kelly threatened Mr.

Watts. Tim Kelly is a member of the street gang known as the “Gangster Disciples.”

The PSIR provides a thorough description of the facts relating to the interaction

between Mr. Watts and Tim Kelly occurring before Mr. Watts left KPEP on December

12, 2022. Kelly threatened Mr. Watts, who reported the threat to KPEP personnel

and to law enforcement. When Mr. Watts determined that he was not safe at KPEP,

he left the facility without permission, committing the escape for which he will be

sentenced.

Mr. Watts pleaded guilty and will now appear before the Court for sentencing.

The PSIR writer calculates Mr. Watts’s sentencing guideline range at 8-14 months.

Mr. Watts has been in custody since December of 2022.

Objection to the Acceptance of Responsibility Scoring in the PSIR

Mr. Watts is entitled to a 2-level reduction in his total offense level based on

U.S.S.G. § 3E1.1 because he has demonstrated that he accepted responsibility for his

criminal conduct. Mr. Watts pleaded guilty and admitted the offense. The unique

facts of this case always troubled him. He recognized that he should not have left

KPEP without permission, but he always felt that, at some level, he was justified in

fleeing from Tim Kelly. He still has conflicting feelings about this point. However, on

3
 Case 1:23-cr-00039-RJJ ECF No. 61, PageID.367 Filed 01/02/24 Page 4 of 7

balance, his guilty plea and admission should carry the day for acceptance of

responsibility purposes.

Application of 18 U.S.C. § 3553(a) and Sentencing Factors

The Court, of course, is familiar with the sentencing factors and its discretion

under United States v. Booker, 543 U.S. 220 (2005), as clarified by Gall v. United

States, 552 U.S. 38 (2007), and Kimbrough v. United States, 552 U.S. 85 (2007). Under

18 U.S.C. § 3553(a), a sentencing “court shall impose a sentence sufficient, but not

greater than necessary, to comply with the purposes” of sentencing as the section

articulates them. The section calls on courts to examine a variety sentencing

considerations. Mr. Watts explores these considerations below.

A. Section 3553(a)(1) looks to the nature and circumstances of the

offense and the history and characteristics of the defendant.

The only facts or evidence before the Court is that Mr. Watts left KPEP

because he was afraid of Tim Kelly and other Gangster Disciples. The government

has proved no other criminal offense. The nature and circumstances of the offense

that Mr. Watts admitted in his guilty plea calls for a guideline sentence.

Mr. Watts had a difficult childhood. His family was almost nomadic. He was

regularly beaten by both of his parents. His grandmother tried to protect him, but

she could do only so much. Mr. Watts was a bright young man who had no real

guidance or support at home. He strayed into criminal trouble.

4
 Case 1:23-cr-00039-RJJ ECF No. 61, PageID.368 Filed 01/02/24 Page 5 of 7

B. Section 3553(a)(2)(A) calls for consideration of the need for the

sentence to reflect the seriousness of the offense, to promote
respect for the law, and to provide just punishment for the
offense, and § 3553(a)(2)(B) points out the need to afford
adequate deterrence to criminal conduct, and § 3553(a)(2)(C)
asks courts to consider the need to protect the public from future
crimes by the defendant.

An escape from a halfway house is a serious offense. However, a guideline

sentence recognizes appropriate seriousness, deters others, and protects the public.

Mr. Watts requests a guideline sentence.

C. Section 3553(a)(2)(D) provides for consideration of the needs of

a defendant: the need to provide for educational or vocational
training, medical care, or other correctional treatment in the
most effective manner.

Congress and the Supreme Court recognize that prison does not serve the

purpose of rehabilitation. See 28 U.S.C. § 994(k) (directing the Sentencing

Commission to craft guidelines that recognize “the inappropriateness of imposing a

sentence to a term of imprisonment for the purpose of rehabilitating the defendant or

providing the defendant with needed educational or vocational training, medical care,

or other correctional treatment”). The Supreme Court prohibits imprisonment for

rehabilitative reasons. See Tapia v. United States, 564 U.S. 319, 321 (2011).

In light of the amount of time Mr. Watts has already served, a guideline

sentence will not include significant additional incarceration. He believes that the

key to his future is one of how well he succeeds on supervised release. He is skeptical

that he can succeed on supervised release in Kalamazoo because of the presence of

Tim Kelly and other Gangster Disciples. He asks that he be allowed to serve

supervised release in another community. He welcomes all of the assistance he can

5
 Case 1:23-cr-00039-RJJ ECF No. 61, PageID.369 Filed 01/02/24 Page 6 of 7

get while on supervised release, including help with employment, educational

opportunities, and other job training.

D. Section 3553(a)(3) directs courts to consider the kinds of

sentences available.

Mr. Watts does not challenge the need for a guideline sentence. He believes

that such a sentence should be based on a total offense level of 7 and a criminal

history category of III, leaving a guideline range of 4-10 months. Mr. Watts has served

more than 12 months, so the only available sentence would consist of supervised

release and financial penalties.

E. Section 3553(a)(4) then calls for consideration of the advisory

guideline sentencing range.

This section is discussed above.

F. Section 3553(a)(5) asks courts to consider any pertinent policy

statements from the U.S. Sentencing Commission.

Mr. Watts does not believe that there are pertinent policy statements in this

case.

G. Section 3553(a)(6) provides for consideration of the need to avoid

unwarranted sentencing disparity among defendants with
similar records who have been found guilty of similar conduct.

The idea of sentencing “[d]isparity gets its content from the purposes of

sentencing. Unwarranted disparity is different treatment that is unrelated to our

legitimate sentencing goals, or uniform treatment that fails to take into account

differences among offenders that are relevant to our purposes and priorities.” Paul J.

Hofer, Immediate and Long-Term Effects of United States v. Booker, 38 Ariz. St. L.J.

425, 442 (2006). Disparity considerations do not apply in this case.

6
 Case 1:23-cr-00039-RJJ ECF No. 61, PageID.370 Filed 01/02/24 Page 7 of 7

H. Section 3553(a)(7) addresses the need to provide restitution to

any victims of the offense.

The PSIR notes that there is no restitution.

CONCLUSION

Mr. Watts asks the Court to consider all of the information contained in the

PSIR and this Sentencing Memorandum and impose a sentence sufficient, but not

greater than necessary, to serve the purposes of 18 U.S.C. § 3553(a).

Respectfully submitted,

Date: January 2, 2024 SCOTT GRAHAM PLLC

By: /s/ Scott Graham

Scott Graham
Attorney for Defendant
Business Address:
1911 West Centre Avenue, Suite C
Portage, Michigan 49024
(269) 327.0585