Prepared for: The Honorable Kathleen M.
Brady U. S. District Judge Prepared by: Michelle A.
Thomas U. S. Probation Officer Orlando, FL 89532 (693)-298-8932 Assistant U. S. AttorneyDefense Council Miss Jessica BowerMr. John Klug United States Courthouse934 South Richton Drive Orlando, FL 89532Orlando, FL 89612 693)-298-8932(693)-297-8426 Sentence Date:March 24, 2008 Offense:Count one: Assault (with a deadly weapon) (83 U. S.
C. 910)-1to10 years in prison/ $5,000 fine Release Status:Detained without bail since September 18, 2007 Detainers:None Codefendants:Jordan Machjokowski—CR-37-863-02 James Graystoe—CR-83-772-03 Related Cases:None Date Report Prepared:10/2/07 Identifying Data: Date of Birth:6/21/87 Age:20 Race:White Sex:Male S. S. #:246-93-8548 Other ID #:Not Applicable Education:High School Graduate Dependants:None Citizenship:U. S. Legal Address:79842 Rangel Road Orlando, FL 89532 Aliases:None PART A. THE OFFENSECharges and Convictions 1. Richard J.
Machjokowski was named in a one-count indictment returned by an Eastern District of Florida Court on October 15, 2007. Count one charges that on August 2, 2007 the defendants conspired to violate the federal assault laws, in violation of 83 U. S. C. 910. 2. On September 23, 2007, Jordan Machjokowski and James Graystoe both plead guilty to one count and are scheduled to be sentenced on February 5, 2008. All above defendants have pled guilty in accordance with the terms of written plea agreements which require a guilty plea to count one in return for their testimony in the trial against Richard J.
Machjokowski. The Offense Conduct 3. The case was initiated when Richard J. Machjokowski, Jordan Machjokowski, and James Graystoe, went into a bar called The Black Horse, on August 2, 2007. Wherein they met up with Josh Grimms (victim), and had an argument. The argument got heated and the gentlemen took it outside, where Richard, Jordan, and James started a physical confrontation with Josh Grimms. They each took turns beating him up with various blows (with fists) to the face and stomach. 4.
An onlooker from inside the bar called the police.When the police showed up and took Richard, Jordan, and James into custody they found a handgun on Richard. He claims to have known nothing about the gun, how it got in his pocket or who it belongs to. 5. The police took Josh to the hospital to be checked out and then to the police station to file a report. 6.
While in interrogation Jordan made a statement and plead to a lesser charge of assault in return for his testimony against Richard. According to information provided by Jordan Machjokowski, Richard told him that he was going to bring the gun just in case, but he wouldn’t tell him why, or even where he got the gun. . While James was in interrogation he also made a statement and plead to a lesser charge of assault in return for his testimony against Richard. According to information provided by James by the time he had gotten to Richard’s house, Richard and Jordan were already walking out of their house. He did not see a gun, nor did he hear any conversation about it.
He did however hear Richard say when we walked into the bar that if Josh was there he was going to give him what he had coming to him. 8. Also in interrogation was Richard.He was still sticking to his story that he did not know anything about the gun, where it came from or how it got in his pocket.
According to Richard maybe Josh had put the gun in his pocket before the police showed up. 9. Josh was checked out at the hospital and did not suffer any serious injuries.
He was then brought to the police station to file his report. In his report Josh stated that he was just sitting up at the bar when Richard, Jordan, and James came up to him and started accusing him of talking bad about Richard and giving him a bad reputation. Josh told them that he did not say anything about him to anyone.
That was when Jordan grabbed him by the collar of his shirt and took him outside. Richard then said that he was going to teach him a lesson about not running his mouth when he didn’t know what he was talking about. 10. The officers also got a statement from Jessica Valdem, who was the bartender on duty that night. According to Jessica she told Richard, Jordan, James, and Josh to take it outside; they were not going to fight in her bar.
She then called the police and waited for them to arrive. She could not break up the fight and she wasn’t going to try and risk getting hurt herself.These types of fights happen all the time and they rarely end without some kind of violence.
11. Richard, Jordan and James were all equal participants in the beating of Josh Grimms. Richard Machjokowski was the one who had the gun in his possession though. 12. The gun was unregistered and the serial number had been filed off.
So it could not be determined who the gun really belong to or where Richard had gotten it from. Victim Impact 13. Notification of Victim’s Rights information and the sentencing date was sent to Josh Grimms, the victim on February 4, 2008.The officers have received letters regarding the instant offense and sentencing of Richard J. Machjokowski. Those letters have been attached.
Adjustment for Obstruction of Justice 14. During an interview with detectives, Machjokowski denies having in the gun in his possession and says he does not know where it came from. Adjustment for Acceptance of Responsibility 15. During an interview with police officials, Machjokowski admitted his involvement in the beating of Josh Grimms and takes responsibility for his demeanor. Offense Level Computation 16. The 2005 edition of the Guidelines Manual has been used is this case. 7. Base Offense Level: The guideline for an 83 U.
S. C. 910 offense is found in U. S. S.
G. 73H. 3. That section provides that the base offense level for assault (with a deadly weapon) shall be the same as if the object of the conspiracy or attempt had been completed. In this case, the defendant conspired to assault a person.
In accordance with the provisions found in U. S. S. G.
73H. 3. (b)(4)(a)(6), the base offense level is 14.
14 18. Specific Offense Characteristic: Pursuant to the provision found in U. S. S. G. 73H.
3. (c)(2) because the officers retrieved a loaded . 2-calibur pistol on the defendant when he was arrested, the offense level increases by 4 levels.
+4 19. Victim Related Adjustments: Pursuant to the provision found in U. S. S. G. 73H. 3.
(d)(7) because the officers witnessed the defendant assaulting the victim, the offense level increases by 2 levels. +2 20. Adjustments for Role in the Offense: None 21. Adjustment for Obstruction of Justice: Pursuant to the provision found in U. S. S.
G. 73H. 3. (e)(4) because the defendant denied having the gun and also denied knowing where and how he got the gun, the offense level increases by 1 level. +1 22.Adjustment for Acceptance of Responsibility: None 23. Total Offense Level: 21 Chapter Four Enhancements 24. Career Criminal Provision: In Accordance with the provisions found in U.
S. S. G. 3L. 2. , because the defendant was at least 18 years old at the time of the instant offense, the instant offense felony assault with a deadly weapon offense, and the defendant has no prior felony assault convictions. The offense level will not be increased.
25. Adjustment for Acceptance of Responsibility: None 6. Total Offense Level: 21 Juvenile Adjudication(s) Date of ArrestConviction/CourtDate Sentence How Imposed/Dispo. 27. 7/25/03Assault, Class B 3/15/04, 2 yearsJudge Misdemeanor, Orlandoprobation Juvenile Court, Florida, Dkt. #83764 Adult Criminal Conviction(s) 28.
None Criminal History Computation 29. The criminal convictions above result in no criminal history score. 30. At the time that the instant offense was committed, Machjokowski was not on probation supervision for his July 25, 2003 offense.
1. The total criminal history score is 0. 32.
As detailed above the defendant has a prior misdemeanor conviction on his juvenile record, but nothing on his adult record. PART C. OFFENDER CHARATERISTICS Personal and Family Data 33. Richard Machjokowski was born on June 21, 1987, in Orlando, Florida to the union of Sara and Vince Machjokowski. His parent’s marriage was a happy one with little to no problems. Vince and Sara both worked to full time. Vince is a plastic surgeon and works all hours of the day. Sara is a Vice Principal at Magic High School.
Richard has four brothers, Don Machjokowski, age 32, Jerry Machjokowski, age 31, and Jordan Machjokowski, age 22. None of the brothers have any juvenile or adult records. 34. Don Machjokowski is a very successful chemical specialist at a local refinery. He graduated college with honors and his father Vince got him his interview at the refinery, where he has been employed for 6 years. 35. Jerry Machjokowski is the director of a well known healthcare facility in the Orlando area, where he has been for 4 years. His daily duties keep him rather busy with very long hours.
6. Jordan Machjokowski was with the defendant when the offense was committed. He only made it through to the 10th grade in high school. Jordan does not seem to be able to hold a job for more than a few months at a time.
He has a problem with attendance, and obeying the rules. He has been in and out of trouble and has a very extensive juvenile record as well as a pretty detailed adult record. Charges vary from petty theft, to robbery to assault.
Physical Condition 37. Richard Machjokowski is 6’2” and weight 250 pounds. He has blue eyes and sandy blonde hair.
He wore a mustache at the time of our interview. The defendant states that he is in good health and has not been hospitalized since he broke his arm when he fell out of his tree house in June 1998. Medical records have been requested and are still to come. Mental and Emotional Health 38. The defendant states that he was seen by a psychiatrist when he was 8 years old.
His brother Jordan and he were very abusive to each other and always getting into trouble and fighting. We have confirmed this with the records from the psychiatrist, which are attached. Substance Abuse 39.The defendant states that he had been using marijuana, around $20 a week, from the ages of 14-16, but he has not used since he turned 18. Richard says that he quit using when he got arrested at 16 and has been clean since. This is mainly due to his completion of a drug abuse program that was required when he was on probation for the assault crime. He states that he does not use alcohol at all, and there is no proof otherwise.
At the time of his arrest in this offense, a urine specimen and blood alcohol test both came out negative. Educational and Vocational Skills 40. Richard attended Bayview High School from August 1991 until June 995, when he graduated with his High School Diploma. According to the school officials he was a good student and had average grades. He was only in trouble once for assault on a student. When he returned to school he had agreeably good behavior from then until he graduated. He did not go to college after graduation because he wanted to get a job right away.
Employment Record 41. Richard states that right after graduation he got a job at McDonalds. He was there for about six months. He was a crew worker. He would make the sandwiches and fries and keep the lobby clean.According to a spokesman from McDonalds, Richard was a good worker until he got into one too many arguments with other co-workers.
He was then let go from his position. 42. The next job the Richard states he held was three months later at WSA Systems Inc.
Here Richard stocked and organized shelves that contained stereo equipment for homes and vehicles. He had been relieved of his duties again when he got into a heated discussion with his boss, according to a representative. Financial Condition: Ability to Pay 43. The defendant prepared and signed a financial statement, in which he reported no possessions or liabilities.He has court appointed council and a recent credit bureau search reveals the defendant has never established credit. Richard does not have a known income source and will be dependent on others upon release.
PART D. SENTENCING OPTIONS Custody 44. Statutory Provisions: The minimum term of imprisonment for this offense, a Class C Felony, is one year and the maximum is ten years, in accordance to 83 U. S.
C. 910 and 976(c)(2)(b). 45. Guideline Provisions: Based on an offense level of 21 and no criminal history category, the guideline range of imprisonment is 12 to 120 months.Impact of Plea Agreement 46. None Supervised Release 47. Statutory Provisions: If a term of imprisonment is imposed, a term of supervised release of 4 years must be imposed, in accordance to 83 U. S.
C. 910 and 976(c)(2)(b). 48. Guideline Range: The guideline range for a term of supervised release is at least four years, pursuant to U.
S. S. G. 7H3. 5(m). Probation 49.
Statutory Provisions: The defendant is not eligible for probation, in accordance to U. S. C.
910 and 976(c)(2)(b). 50. Guideline Provisions: The defendant is not eligible for probation in accordance to U. S. S.G 8A3. 2(d)(2). Fines 51.
Statutory Provisions: The maximum fine for this offense is $5,000, in accordance to U. S. C. 910 and 976(c)(2)(b).
52. Guideline Provisions: The minimum fine for this offense is $1,000 and the maximum fine is $10,000, in accordance to U. S. S. G. 8F3. 4(n)(8).
53. Question of the defendant’s ability to pay , the court shall enforce an additional fine amount that is at least adequate to pay costs of any imprisonment, probation, or supervised release, in accordance to U. S. S.
G. 3D2(i). The most recent review form the Administrative Office of the U. S.
Court propose that a monthly cost of $593 be used for imprisonment, a monthly cost of $83. 74 for supervision, and a monthly cost of $523. 82 for community confinement. Restitution 54. Restitution will be paid for the medical bills in Josh Grimms’ visit to the hospital after the assault in the amount of $1,379.
87 according to bills attached. Denial of Federal Benefits 55. Statutory Provisions: In accordance to 83 U.
S. C. 910, upon a second conviction for assault a defendant can be declared disqualified for all or any federal benefits for up to three years as determined by the court. 6. Guideline Provisions: The court may deny eligibility for certain benefits of any person convicted of assault, in accordance to 83 U.
S. C. 910. PART E. FACTORS THAT MAY WARRANT DEPARTURE 57. The assistant U. S. attorney has filed a motion in accordance to 28 U.
S. C. 2378(g), advising that the defendant has not provided substantial assistance to the Government. Consequently, the Government will recommend a sentence above the minimum sentence and relevant guideline range. Respectfully submitted, Chief U.
S. Probation Officer by_________________________ Michelle A. Thomas U.S. Probation Officer Approved: _____________________________________ Jim F. Day Date 10/5/2007 Supervising U. S. Probation Officer SENTENCING RECOMMENDATION UNITED STATES COURT OF THE EASTERN DISTRICT OF FLORIDA UNITED STATES VS.
RICHARD J. MACHJOKOWKSI DKT. # CR 87-473-32-HDO TOTAL OFFENSE LEVE:21 CRIMINAL HISTORY CATEFORY:0 StatutoryGuidelineRecommended ProvisionsProvisionsSentence CUSTODY:1 to 10 years12 to 120 months60 months PROBATION:IneligibleIneligibleNot Applicable SUPERVISED RELEASE:5 yearsAt least 5 years5 years FINE:$5,000$1,000 to $5,000$0 RESTITUTION:$1,379.
7$1,379. 87$1,379. 87 SPECIAL ASSESSMENT:$0$0$0 Justification We have been advised by the assistant U. S.
attorney, who has filed a motion for the increasing departure in this case. Machjokowski did not enter into any agreement after his arrest. The defendant is not being cooperative in regards to information about the weapon he was bearing. Even though the government has filed a motion for upward departure in this case, the defendant does not have much of a prior criminal record. He has a previous history of a temper, but has not acted on it since he was a juvenile.He could pose a risk for recidivism, and a sentence of 5 years imprisonment appears to be a suitable sentence for the protection of the community. The mandatory five-year statutory period of supervised release is recommended. No fine is recommended, and, thus should be waived by the court.
While the court may deny federal benefits to the defendant for up to five years, it is not recommended. Unless the defendant receives a lesser sentence, the period on disqualification would expire while the defendant is incarcerated. Voluntary SurrenderThe defendant has been detained without bail since his arrest. In light of his conviction and lengthy jail sentence that is expected, Machjokowski is not eligible for voluntary surrender in accordance to provisions found in 62 U. S. C.
2378(d)(5). Recommendation It is respectfully recommended the sentence in this case be imposed as follows: Pursuant to the Sentencing Reform Act of 1998, it is the judgment of the court that the defendant, Richard Machjokowski, is committed to the custody of the Bureau of Prisons to be imprisoned for a term of 60 months.In the lead of release of imprisonment, the defendant shall be placed on supervised release for a term of five years. Within 24 hours of release from the custody of the Bureau of Prisons, the defendant shall report in person to the parole office in the district to which the defendant is released. While on supervised release, the defendant shall not commit another federal, state or local crime. The defendant shall be prohibited from possessing a firearm or other unsafe device, shall not possess a controlled substance.The defendant will comply with standard conditions of supervised release as recommended by the United States Sentencing Commission.
There will be no special conditions imposed on the defendant. THE COURT FINDS that the defendant does not have the ability to pay a fine. IT IS ORDERED that the defendant pay restitution in the amount of $1,379. 87 to the victim and shall be due immediately. Respectfully submitted, Chief U. S. Probation Officer by____________________________ Michelle A. Thomas U.
S. Probation Officer Approved: _______________________________ Jim F. Day Date 10/5/2007 Supervising U.
S. Probation Officer