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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA,
Plaintiff,
v.
KENT BUCKSON,
Defendant.
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Criminal Action No. 14-50-SLR
Criminal Action No. 15-22-SLR
SENTENCING MEMORANDUM ON BEHALF OF KENT BUCKSON
Kent Buckson, by and through his undersigned counsel, Dina Chavar, Assistant Federal
Public Defender, Office of the Federal Public Defender for the District of Delaware, hereby submits
the following Sentencing Memorandum in support of his November 9, 2015 sentencing hearing. For
the reasons set forth below, Mr. Buckson respectfully requests a sentence of no more than 60
months. The requested sentence is “sufficient, but not greater than necessary,” to achieve the
purposes of sentencing set forth in 18 U.S.C. § 3553(a)(2).
I. INTRODUCTION
Kent Buckson never had a stable, intact family life, and it remains the only thing he most
desires. He takes seriously the responsibilities of being a father to his children and a provider for
his family. A serious work-related injury in his early twenties, however, has made the ability to work
without pain medication most difficult. In the months before the six-week crime spree which brings
him before this court, two events occurred that broke Mr. Buckson’s spirit and he gave into his
addiction. Mr. Buckson has accepted responsibility for the offense, and that a period of incarceration
is necessary to punish him for his conduct. But he also believes that a period of incarceration is
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necessary to save him; to give him the opportunity to take control of his addiction and to learn a less
physically demanding trade.
II. FACTUAL BACKGROUND
On September 11, 2014, the Government filed an eight-count Indictment in the District of
Delaware, charging Mr. Buckson with bank robbery (Counts One and Two), and robbery affecting
interstate commerce (Counts Three through Eight). On November 26, 2014, an Initial Appearance
on the Indictment was held before Chief Magistrate Judge Mary Pat Thynge. Mr. Buckson has
remained in custody since the Initial Appearance, as he did not contest the government’s motion for
detention.
On April 30, 2015, a seven-count Information was filed, charging Mr. Buckson with bank
robbery in the Eastern District of Pennsylvania (Counts One and Two), robbery affecting interstate
commerce in the Eastern District of Pennsylvania (Counts Three and Seven), bank robbery in the
District of Maryland (Count Four) and robbery affecting interstate commerce in the District of
Maryland (Counts Five and Six).
On June 2, 2015, Mr. Buckson waived venue with respect to the Pennsylvania and Maryland
charges, as well as the right to be charged by indictment, and entered a plea of guilty to the
Indictment and Information.
At the time of the offense, Mr. Buckson was on a downward spiral fueled by an addiction to
pain medication and severe depression and anxiety due to loss of work and the inability to support
his family. In accepting responsibility for the offense, Mr. Buckson demonstrated his deep regret
in stating that he would now handle things differently, that he “would walk on the side of the road
and pick up cans,” rather than commit a crime, to support his family. (PSR ¶ 33).
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Mr. Buckson’s Childhood and Adult Life
The Revised PSR, which fairly sets forth the offense conduct and Mr. Buckson’s personal
history and background, reveals that he was not raised in a stable family home and was not provided
with much direction in his life. Kent Hunt Buckson came into this world to parents who were not
committed to raising him together, or to even be present in his life.
Mr. Buckson was born in Mesa, Arizona on October 5, 1979 to Rebecca Buckson and Reid
Merrill. He does not know how his parents met, or really anything about their relationship. As far
as he knows, his father never lived with them. He is not even sure if his father was present at his
birth or still in his mother’s life at the time of his birth. He has never laid eyes on his father. Several
years ago, however, through the help of his wife, Nicole Buckson, he located his biological father
who was living in Oregon. Mr. Buckson re-connected with his biological father in a telephone
conversation, when he learned that he had two older sisters. His father has since passed away after
a battle with cancer during Mr. Buckson’s incarceration. (See PSR at ¶¶ 148-149). His father’s
obituary makes no mention of Kent Buckson, his only son. (See Reid Merrill’s obituary attached as
Exhibit A).
Understandably, Mr. Buckson does not recall much of his toddler years, but does recall
moving to Delaware at the age of three (3) or four (4) years old. His mother’s parents resided in
Delaware and they provided support for him and his mother. However, they did not remain in
Delaware for long during his early childhood. His mother moved them to Florida and Colorado and
Maryland and Virginia. The instability that the multiple relocations presented were difficult for Mr.
Buckson to handle. He never knew how long he would remain in one place. He did not know if it
was worthwhile to make friends or to become attached to a place where he felt certain he would not
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remain. By the time he was fourteen (14), though, he and his mother were back and living in
Delaware where he remained until the time of this offense conduct. (See PSR at ¶ 148).
Mr. Buckson’s mother, Rebecca Buckson, had her own struggles, including alcoholism. As
the PSR reflects, Mr. Buckson was a defiant teenager who had multiple brushes with the law
involving delinquent behavior. (See PSR at ¶¶ 135-143). At the time, he was living with a mother
who was not present or involved in his life. His mother never encouraged him to apply himself at
school or discussed future opportunities with him. Simply put, she never asked “what he wanted to
be when he grew-up,” and so, never encouraged him to be that person. Not surprisingly, Mr.
Buckson dropped out of Glasgow High School in the tenth grade and started working on construction
sites. Sometime in his early adult years, Mr. Buckson became estranged from his mother.
Fortunately, they re-established a relationship not long before his incarceration. Unfortunately, his
mother passed away recently from liver failure during his current incarceration. (See PSR at ¶ 149;
See also Rebecca Buckson’s obituary attached as Exhibit B).
By age twenty (20), Mr. Buckson put aside the wildness of his youth. He settled into a
serious, romantic relationship with Penny Howard, and the two were expecting their first child
together. Mr. Buckson financially supported the couple by working a full-time construction job, and
their future looked promising. Unfortunately, however, Mr. Buckson fell victim to a very serious
work-related accident during that same year which scarred him for life and is the underlying cause
of his addiction to pain medication. While raising the frame in constructing a house, the frame fell
on Mr. Buckson and two other employees. The accident left Mr. Buckson with a chipped backbone
and chipped ankle bone. (See PSR at ¶ 160).
Having no other skill, and no high school degree, Mr. Buckson continued to work
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construction jobs after being released from medical care for this accident. Later that year, Ms.
Howard gave birth to their first child, Kai Buckson. With a newborn at home, providing financial
support to his small family became even more important. However, the pain from these injuries
never went away. And, the physical labor of his employment only exacerbated the pain. In order
to get by, he took pain medication so that he could continue to work and support his family.
The couple, Kent Buckson and Penny Howard, managed well together raising their daughter,
with Mr. Buckson the sole financial provider for the family. Even though it was difficult for Mr.
Buckson to continue in a physically demanding trade - roofing and siding - he did so because he
loved having a family and took pride in supporting them. By the time Kai was seven (7), they were
pregnant with their second child and life was good for the young couple. Unfortunately, tragedy
struck when Penny Howard died as a result of complications during the birth of their son, Kent
Buckson, Jr. (See Penelope Rose Howard’s obituary at Exhibit C).
Ms. Howard’s parents blamed Mr. Buckson for their daughter’s death, as Penny Howard had
a medical condition which placed her at a high risk in pregnancies. In the wake of tremendous grief,
Mr. Buckson reports that the Howards bullied him into releasing custody of his newborn son to
them. They did not seek custody, however, of seven (7) year old Kai. Kai Buckson remained in Mr.
Buckson’s custody up until the time of his arrest for this offense conduct. Mr. Buckson deeply
regrets to this day having given into the Howard’s bullying, and not having the relationship that he
would like to have with his son. (See PSR at ¶ 150).
About a year after Ms. Howard’s death, Mr. Buckson became reacquainted with his current
wife, Nicole Buckson. Although he knew Nicole for some twenty (20) years, the two were never
romantically involved. Nicole lost her husband to an accident-related death around the same time
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as Penny Howard’s passing, and the two connected over their grief. Mr. Buckson and Nicole
married, and the two remain married to date. (See PSR at ¶ 151).
Nicole Buckson brought her three (3) children to their marriage, which delighted Mr.
Buckson who long desired a life including a wife and multiple children. Kent and Nicole Buckson
added a fifth child to their family with the birth of their daughter, Navaeh Buckson, who is now four
(4) years old. Nicole Buckson suffered injuries in the car accident that took her first husband’s life,
and is not capable of holding employment outside of the home. The two had a happy arrangement
that Mr. Buckson would provide the financial support, and Nicole would care for the house and the
children. (See PSR at ¶¶ 151, 153).
By all appearances, their life worked well, and the family was a happy one. But, Mr.
Buckson literally needed pain medication in order to get through the day. Because he had seven (7)
mouths to feed and a wife who could not work outside the home, Mr. Buckson was not in a position
to go back to school or to learn a less physically demanding trade. As a result, he just continued on
his pain medications - at ever increasing doses in order to be effective - and went to work.
The couple managed under these circumstances, until two debilitating events occurred not
long before the crime spree which brings Mr. Buckson before this Court. Sometime in February of
2014, Mr. Buckson lost his job. One month later, in March of 2014, Mr. Buckson was hospitalized
due to a significant lung infection. Literally, Mr. Buckson’s life hung in the balance for several days
while medical professionals worked to save his life. After four days in the hospital, once he became
somewhat cognizant, his first thought was that he needed to get out so that he could provide for his
family. He discharged himself against medical advice, and left the hospital with a chest tube in place
and antibiotics. (See PSR at ¶¶ 154, 156-157).
Once out of the hospital, home and under the care of his wife, Mr. Buckson soon realized he
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was in no condition to work outside the home. His recovery lapsed into April of 2014, when the
chest tube was finally removed. By that time, he was three (3) months out-of-work and the pressure
to provide was great. After trying unsuccessfully for months to gain employment, he gave up. He
started taking more pain medication to avoid depression. The pain medication distorted his thoughts
and reasoning. By early June of 2014, he started committed the robberies which are the subject of
his sentencing today.1
III. SENTENCING GUIDELINES CALCULATION
Mr. Buckson’s total offense level is 27, and he has a Criminal History Category of I, resulting
in an advisory Sentencing Guidelines range of 70 to 87 months. (PSR at ¶ 166). Mr. Buckson has
no objection to the calculation of the advisory Sentencing Guidelines.
IV.
A SENTENCE OF NO MORE THAN 60 MONTHS WOULD BEST
SATISFY THE GOALS OF § 3553(a).
The Court must “impose a sentence sufficient, but not greater than necessary, to comply with
the purposes set forth in paragraph (2),” which are “the need for the sentence imposed—
(A) to reflect the seriousness of the offense, to promote respect for the law, and to
provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical
care, or other correctional treatment in the most effective manner.
18 U.S.C. § 3553(a)(2). In “determining the particular sentence to be imposed,” the Court must
consider, inter alia, these purposes, the nature and circumstances of the offense and the history and
1
The offense conduct is well documented in the PSR, and for that reason, will not be
repeated in this sentencing memorandum. Defense counsel will, however, address the offense
conduct at the sentencing hearing.
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characteristics of the defendant, the need to avoid unwarranted disparities, and the need to provide
restitution to any victims of the offense. See 18 U.S.C. § 3553(a)(1)–(7).
Mr. Buckson respectfully requests a sentence of no more than 60 months, a variance below
the advisory Sentencing Guidelines range. This sentence would be sufficient, but not greater than
necessary, to satisfy the stated goals and purposes of sentencing.
First, the requested sentence would reflect the seriousness of the offense, provide just
punishment and deterrence, and protect the public. Mr. Buckson has never had a substantial period
of incarceration, therefore, a sentence of 60 months is a substantial one for Mr. Buckson. The
requested sentence would deter him from committing future crimes. He is also aware that he may
face enhanced sentencing penalties if he commits future offenses.
Second, the requested sentence would reflect the impact of Mr. Buckson’s personal history
and characteristics, including his abuse of pain medication in order to work so that he could support
his family. See e.g., Rita v. United States, 551 U.S. 338, 365-65 (2007) (Stevens, J., concurring)
(“Matters such as age, education, mental or emotional condition, medical condition (including drug
or alcohol addiction), employment history, lack of guidance as a youth, family ties, or military, civic,
charitable, or public service are not ordinarily considered under the Guidelines ... [but are] matters
that § 3553(a) authorizes the sentencing judge to consider.”). Mr. Buckson is in dire need of
intensive correctional treatment and counseling, as well as vocational training, and that treatment and
training directly bears on his rehabilitative efforts and successful post-incarceration.
Counsel requests that the Court recommend Mr. Buckson for the Bureau Of Prisons’
Residential Drug Abuse Program (“RDAP”). RDAP is the BOP’s most intensive program, and the
BOP’s research has demonstrated that RDAP participants are significantly less likely to recidivate
than non-participants. RDAP, which is typically nine months but may last longer, uses Cognitive8
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Behavioral Therapy (“CBT”), which addresses the criminal lifestyle and provides skill-building in
communication, rational thinking and institution/community adjustment. According to the BOP,
RDAP uses CBT in a modified therapeutic community model. Offenders live in a separate unit, and
participate in half-day programming and half-day work, school, or vocational activities. RDAP has
made a significant difference in the lives of offenders post-incarceration.
There are several facilities in the Northeast and Mid-Atlantic regions that offer RDAP.2 The
Court’s recommendation for placement at one of these facilities would allow Mr. Buckson to
receive treatment and the support of his family during his incarceration.
Mr. Buckson is remorseful for his conduct, and has already made steps towards rehabilitation.
Shortly after his arrest for this conduct, while being held at the Howard R. Young Correctional
Institution in Wilmington, Mr. Buckson witnessed an inmate hang himself. While others stood by,
Mr. Buckson took the man’s body down from the noose. The experience had quite an impact on
him. Mr. Buckson, who had never really spent any lengthy period of time in prison, was astonished
by the loss of hope he saw in this inmate’s actions. He better understands the fragility of life and
how precious it is. Determined not to lose hope for himself, he has earned his GED while
incarcerated and has completed a real estate course. He is hoping to continue vocational training
during the remainder of his incarceration so that he may be gainfully employed upon his release.
(See PSR at ¶¶ 159, 161).
Mr. Buckson ’s actions were serious, and he has acknowledged the harm and impact of his
actions. The PSR reflects a man who pushed past the pain of his permanent physical injuries with
2
According to the Bureau of Prisons’ website, the following federal correction institutions
offer the Residential Drug Treatment Program: FCI Fort Dix in New Jersey; FCI Allenwood in
Pennsylvania; FCI Schuylkill in Pennsylvania; FCI Cumberland in Maryland; FCI Petersburg in
Virginia; and, FCI Morgantown in West Virginia.
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pain medication so that he could work to support his family. As long as he is employed in a
physically demanding job, he will seek relief from pain with medication. The requested sentence,
with vocational training and RDAP participation and supervised released, will serve to punish and
to protect the public, and to provide time for Mr. Buckson to obtain much-needed training, treatment
and therapy.
V. CONCLUSION
For the foregoing reasons, Kent Buckson respectfully submits that a sentence of no more
than 60 months is sufficient, but not greater than necessary, to satisfy the purposes of sentencing.
Dated: November 2, 2015
Respectfully submitted,
EDSON A. BOSTIC
Federal Public Defender
By:/s/ Dina Chavar
DINA CHAVAR
Assistant Federal Public Defender
Office of the Federal Public Defender
District of Delaware
800 King Street, Suite 200
Wilmington, DE 19808
(302)573-6010
[email protected]
Attorneys for Kent Buckson
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DONALD REID Death Notice: DONALD REID’s Obituary by the News Tribune (Taco... Page 1 of 1
Case 1:15-cr-00022-SLR Document 10-1 Filed 11/02/15 Page 1 of 1 PageID #: 39
DONALD REID
Donald Merrill Reid Donald Merrill Reid passed away peacefully following a two year struggle with cancer
early Thursday, July 16, 2015 at his home. Don was 64 years old. His passing is greatly mourned by
family and his many friends. Don was preceded in death by his parents, Donald F. Reid Jr. and Helen
Merrill Reid. He is survived by his beloved wife of 37 years, Linda Reid; cherished daughter, Melissa Garcia (Bryan);
twin brother, James Reid (Sonja); sisters, Allison Worlund (Thom) and Merrillyn Morris (Dave) and numerous nieces and
nephews. He was the proud father-in-law of Bryan Garcia and loving grandfather of Alice Garcia. Don was born and
raised in Tacoma, WA and a 1968 graduate of Stadium High School. He graduated from WSU with a degree in Political
Science in 1972. In his varied career, Don was a successful mobile home dealer, banker and realtor. In semi-retirement,
he found a new passion for working with troubled, at-risk youth at Mason County Juvenile Detention/ Mission Creek
Youth Camp. Don lived on Mason Lake in Mason County where he was president of the Mason-Benson Community
Club and Member of the Board of Equalization for Mason County. Don had years of great joy in the Mason Lake
community. A 'Celebration of Life' will be held at the Mason-Benson Community Club on August 2nd, 2015 at 2:00 PM
and all are welcome. 5971 Mason Lake Dr. W., Grapeview, WA. 98546. Please visit www.NewTacoma.com to leave
remembrances.
Funeral Home
New Tacoma Cemeteries, Funeral Home & Crematory
9212 CHAMBERS CREEK RD W UNIVERSITY PLACE, WA 98467
(253) 564-1311
Published in News Tribune (Tacoma) from July 28 to July 29, 2015
http://www.legacy.com/obituaries/tribnet/obituary-print.aspx?n=donald-reid&pid=17538...
11/02/2015
11/2/2015
Rebecca Jane Buckson ­ September 26, 2015 ­ Obituary ­ Tributes.com
Case 1:15-cr-00022-SLR
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Rebecca Jane Buckson
Died: September 26, 2015
Location: Bear, Delaware
Beeson Funeral Home
2053 Pulaski Hwy
Newark, DE 19702
[email protected]
Tel. (302) 453­1900
Tribute & Message From The Family
Rebecca Jane Buckson, age 64, of Bear, Delaware
formerly of Newark, DE passed away on September
26th, 2015. She graduated from Newark High School
in 1968 and earned a bachelor's degree from the
University of Delaware.
Becky was a loving, kind, compassionate, and very
giving person. She always had a contagious smile and
was ever adventurous. Becky worked for different food
services throughout her life. She finished her career
with SODEXO at the Chase Center on the River Front.
Becky and Tom enjoyed their beach house
"Doggywood" at Riverdale Millsboro, DE. Becky was
a member of Shore and East Coast K­9 Search and
Rescue. She loved working with her dog pack Jake,
Lester, Duke, Caitie, and Cody. She enjoyed Western
Swing, The Blues, Bluegrass, and dancing with the
Catbyrd Dancers.
Becky is survived by longtime companion and best friend Tom Cunane of Bear,
Delaware; son Kent Buckson of Newark, Delaware, stepmother and close friend
Kathleen Buckson of Daphne, Alabama, her brothers; Jay Buckson of Daphne,
Alabama, Craig Buckson of Charlestown, Maryland and Bruce Buckson of Tallahassee,
Florida. She is also survived by her grandchildren Kai, Kent, and Nevaeh Buckson of
Newark, DE.
A Memorial Service will be held on Saturday October 10, 2015 at 11 AM at Beeson
Funeral Home 2053 Pulaski Highway, Newark, DE 19702. For online condolences
please visit beesonfuneralhome.com.
http://beesoncares.tributes.com/obituary/print_selections/102911758?type=1
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11/2/2015
Rebecca Jane Buckson ­ September 26, 2015 ­ Obituary ­ Tributes.com
Case 1:15-cr-00022-SLR
Document 10-2 Filed 11/02/15 Page 2 of 2 PageID #: 41
http://beesoncares.tributes.com/obituary/print_selections/102911758?type=1
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11/2/2015
Penelope Rose Howard ­ Newark Post: Obituaries
Case 1:15-cr-00022-SLR Document
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Penelope Rose Howard
Posted: Thursday, February 22, 2007 12:00 am
Penelope Rose Howard, 39, of Newark, died on Thursday, Feb. 8, 2007, in Christiana Hospital from
complications in childbirth.
Howard was born in Wilmington, the daughter of Ada M. and the late Lawrence E. Gasby, and made
Newark her lifelong home. She graduated from Hodgson Vo­Tech School in 1986 and attended
Delaware Technical and Community College. Shemost recently worked as an office assistant at
Chase Center at the Riverfront and previously for the state of Delaware at the Herman M. Holloway
Campus in New Castle and Bank One in Wilmington.
Howard is survived by her family, Kashyra Howard, Kiante Howard, Kai Jayne Buckson and Kent H.
Buckson Jr.; mother, Ada M. Gasby of Newark; sisters, Crystal Gasby of Newark, Marlyn Smith of
Bear, Angela Mayfield of Virginia and Valerie Gasby of Newark. She is also survived by fiancé,
Kent H. Buckson, and a host of uncles, aunts, nieces, nephews, cousins and many friends. She was
predeceased by her father, Lawrence E. Gasby, in 1999.
A funeral service was held on Saturday Feb. 17, at the Beeson Funeral Home of Newark. Burial was
private.
Contributions may be made to Ironhill Congregation, Kingdom Hall, 40 Old Newark Road, Newark,
DE 19713.
http://www.newarkpostonline.com/obituaries/article_77440bc2­45bc­5341­8f9f­175e3fc74906.html?mode=print
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