Case 3:10-cr-00177-JBA Document 17 Filed 10/20/10 Page 1 of 3

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

United States of America : Docket Number: 3:10-Cr-177 (JBA)

v.

Robert Nixon : October 20, 2010

MEMORANDUM IN AID OF SENTENCING

From a Sentencing Guidelines’ standpoint, this is an easy case.

Robert Nixon, as a first offender, faces a presumptive guideline sentence of
63-78 months for embezzling from his former employer. The specific
offense characteristics identified in the PSR linguistically apply. In turn, the
offense level computations are arithmetically correct. Because the amount
of Mr. Nixon’s defalcation exceeds $1m, his total offense level is effectively
increased by four levels; two because the amount he stole exceeds a loss
table range and two because the victim is a bank.

When Bob Nixon began embezzling from his employer, he had no

plan to steal any particular sum of money. Indeed, his plan was to “borrow”
the money and later replace it. Of course, that never happens. The hole gets
deeper and the offender keeps digging. The end result in this case is that
Nixon stole $1,039,227. From the Naugatuck Savings bank over an eight
year period. He fully accepts responsibility for his actions and makes no
excuses for his behavior.

However, had Nixon’s final accounting come in just below $1m, he

would be facing a presumptive sentence of 41-51 months. Is such a
sentencing range too low for an offender who almost steals a million
dollars? Or is a sentence of 63-78 months too high for an offender who
steals just over a million dollars?

Similarly, Nixon’s total offense conduct in this case is increased by

two levels for abusing a position of trust. Indisputably, Nixon violated the

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trust and confidence reposed in him as an officer of the bank. However, an

additional two levels are also in this case added for “sophisticated means.”
Though technically applicable, this adjustment is really part and parcel of
Nixon’s abuse of trust. But for being in a position to alter bank records to
avoid detection, Nixon would not have been able to commit the offense, let
alone do so with any stealth or sophistication. Hence, are not the “means”
by which Nixon committed this offense practically inseparable from the
access his position provided?

It is respectfully suggested that the answers to these questions should

turn not on the dollars lost or the technical application of discrete
adjustments but on the offender’s personal characteristics, his prospect for
rehabilitation, and his level of acceptance of responsibility, especially when
the amount of the loss is more the result of chance than design. As the PSR
indicates, Robert Nixon is the last person anyone would have predicted
would be facing a judge for embezzling from his employer. Whatever
demons influenced his behavior in this case, the fact remains, as the PSR
aptly notes, that today Robert Nixon is a broken man beset with worry and
regret.

Sadly, in succumbing to temptation, Nixon not only ruined his own

life but also hurt the people that mean the world to him – his wife, his
children, and the co-workers whose respect he once held. It may be
unlikely, but it is nevertheless important to Robert Nixon that he pay back
the money he took from the bank. As he explains in the PSR, no job is
beneath him. He will do whatever he can to make amends in this matter.

Accordingly, we ask the Court to fashion a sentence that takes into

consideration the fact that Robert Nixon is basically a good and decent
person whose demons overrode his judgment and common sense.

Respectfully submitted,

____________________________
Robert M. Casale, Esq.
250 West Main Street
Branford, Connecticut 06405

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Fed. Bar #: CT 00156

Telephone: 203-488-6363
Facsimile: 203-483-9850
Email: AttorneyCasale@aol.com
For Defendant Robert Nixon

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 20, 2010, the foregoing

Memorandum in Aid of Sentencing was filed electronically and was emailed
to all parties. Parties may access this filing through the Courts CM/ECF
System.

______________________________
Robert M. Casale, Esq.