Defendant’s Motion for Downward Departure, or, Alternatively, for Sentence Below Minimum Guideline Imprisonment Range Based on Military Service 
John W. Stickels
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

UNITED STATES OF AMERICA	§	
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v.	§	CAUSE NO. _______________
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VETERAN DEFENDANT	§	

TO THE HONORABLE JUDGE OF SAID COURT:
	Veteran Defendant, through his counsel, hereby respectfully files this Motion For Downward Departure, Or, Al­ter­natively, For Sentence Below Minimum Guideline Imprisonment Range, and, in support thereof, would respectfully show the Court as follows:
I.
	Defendant, Veteran Defendant, is scheduled to be sentenced on _______. The Presentence Report (PSR) was filed on ___________. Mr. Veteran defendant filed _______ objections to the PSR.
II.

	According the Presentence Report, Mr. Veteran Defendant has a total offense level of _____ and a Criminal History Category of ‘__’ (_____ criminal history points). This calculates to a guideline range of ____ to ____ months. 
III.
	U.S.S.G. § 5H1.11 authorizes the Court to downward depart based upon military service if “the military service, individually or in combination with other offender characteristics, is present to an unusual degree and distinguishes the case from the typical cases covered by the guidelines.” U.S.S.G. § 5H1.11. 
IV.
	A shown in the PSR, Veteran Defendant served in the United States __________ from ________ to _________, with several active tours of duty. Details of Mr. Veteran Defendant’s military service will be detailed in the sentencing memorandum to be filed in connection with this case. In addition, a copy of Mr. Veteran Defendant’s Certificate of Re­lease or Discharge From Active Duty that will be attached to the sentencing memorandum filed in this case. During his service Mr. Veteran Defendant earned many decorations, awards, badges, citations, and campaign ribbons.
V.
	This Court has discretion to impose a sentence below the U.S. Sentencing Guidelines imprisonment range based on the Court’s Individualized assessment of the facts of this particular case and the factors listed in 18 U.S.C. § 3553(a) as explained in Gall v. United States, 552 U.S. 38, 128 S.Ct. 586 (2007). 
VI.
	Defendant, Veteran Defendant, will submit to the Judge’s chambers a Sentencing Memorandum that provides factual and legal reasons in support of a sentence below the Guidelines imprisonment range. For the reasons stated in that Sentencing Memorandum, which is incorporated herein by reference as though set out in full, Defendant, Veteran Defendant, requests the Court impose a sentence which is below the minimum of the Guideline imprisonment range, either as a downward departure or pursuant to the Court’s sentencing discretion in accordance with 18 U.S.C. § 3553 and Gall v. United States, 552 U.S. 38, 128 S.Ct. 586 (2007). 
CONCLUSION
	For all these reasons, Veteran Defendant respectfully requests that this Honorable Court sentence him to term of imprisonment below the recommended guideline range. 

Respectfully submitted,

Stickels & Associates, P.C.
P. O. Box 121431
770 N. Fielder Rd.
Arlington, Texas 76012
Phone: (817)479-9282
Fax: (817) 622 - 8071 

BY: /S/ John W. Stickels
John W. Stickels
State Bar No. 19225300
Attorney for 
Veteran Defendant

CERTIFICATE OF SERVICE
	I certify that I served a copy of the foregoing Document on the Assistant United States Attorney _____________ and on _________ U.S. Probation Officer on ____________. 

/S/ John W. Stickels
John W. Stickels