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Case 2:05-cr-80441-GER-RSW Document 52 Filed 11/13/2007 Page 1 of 7
GOVERNMENT'S SENTENCING MEMORANDUM
Now comes the United States Attorneys by and through the United States Attorney’s
Office, John N. O’Brien II and Kevin M. Mulcahy, Assistant United States Attorneys, and in
support of the recommendation for sentence, submit the following memorandum:
Defendant KARL KAECHELE was arrested at Detroit Metropolitan Airport on April 27,
2005, during his return trip from Southeast Asia. At that time, the defendant was found in
possession of a "knock off" Viagra medication, Kamagra, a series of photographs of nude or
semi-nude women and a sheet indicating the lab results of an HIV test conducted at Pattaya
Memorial Hospital in Thailand, dated January 30, 2005. KAECHELE’s “packing list” for his
trip was also seized and included such items as Viagra, KY brand lubricant, and penicillin.
Also seized at the airport was a set of notebooks that contained, among other things, a
code system that identified the name, village of residence, and age of some of the women
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depicted in the photographs; descriptions of sexual acts performed with the various women/girls;
the defendant's comments on those events; and how much money he paid for the various sexual
activity. Among the sex partners listed in the notebooks were several children, as young as 8 or
9 years of age. There were no pictures of these younger girls that corresponded with the entries
During an interview at the airport, Kaechele advised that he did not bring back pictures of
the minor girls because of “customs,” as he could get in trouble had he done so. In connection
with the information obtained at the airport, a search warrant was authorized for KAECHELE’s
home in Florida. The search of his residence revealed numerous other notebooks that contained
similar entries based upon previous trips that KAECHELE had taken to Asia.
Kaechele was arrested and ultimately charged with the offense of Travel with Intent to
Engage in Illicit Sexual Conduct, a violation of Title 18 United States Code Section 2423(b). On
May 5, 2005, the Grand Jury returned a one count indictment against Mr. Kaechele for that
charge. A Superseding Indictment included two more charges of the same offense for trips
Kaechele made to Vietnam and Cambodia in January and May of 2004.
On August 13, 2007, KAECHELE pleaded guilty to Counts Two and Three of the
Superseding Indictment before this Honorable Court.
SENTENCING GUIDELINE CALCULATIONS AND RELEVANT 3553(a) FACTORS
Congress has provided, through 18 U.S.C. § 3553(a), the relevant objectives and factors
to be considered by sentencing courts in imposing a “sentence sufficient, but not greater than
necessary.” Those objectives are: (1) the nature and circumstances of the offense, and the
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history and characteristics of the defendant; (2) the need for a sentence to reflect the basic aims
of sentencing (including retribution, deterrence, incapacitation, and rehabilitation); (3) the kinds
of sentences legally available; (4) the Sentencing Guidelines; (5) Sentencing Commission policy
statements; (6) the need to avoid unwarranted sentencing disparities among defendants with
similar records who have been found guilty of similar conduct; and (7) the need for restitution.
The most relevant factors are evaluated below, beginning with #4, the sentencing guidelines.
Recently, in United States v. Rita
, __ U.S. __ 2007 WL 1772146 (2007), the Supreme
Court restated that the goals of the United States Sentencing Commission in formulating the
Sentencing Guidelines are to carry out the objectives of 18 U.S.C. § 3553(a). Despite their being
advisory, rather than mandatory, the Guidelines remain an important factor in fashioning a just
sentence. As the Supreme Court stated in Rita
, “it is fair to assume that the Guidelines, insofar
as practicable, reflect a rough approximation of sentences that might achieve section 3553(a)’s
at 7. Here, the parties agree with the calculations of the probation department
that, using the 2003 United States Sentencing Guidelines manual, a resulting guideline range of
97 - 121 months is an accurate guideline calculation.
Seriousness of the Offense, Promoting Respect for Law, and Providing Just Punishment
As to the need for the sentence imposed to reflect the seriousness of the offense, promote
respect for the law, and provide just punishment, all of these factors favor a guideline sentence.
The child sex tourism industry in Cambodia relies on the continued exploitation of
children from Cambodia and Vietnam by forcing them to engage in sexual acts with men who
travel there from numerous other countries. The poverty and corrupt law enforcement that exists
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in some parts of the country has resulted in the “mama-sans” or madams’ ability to horribly
sexually exploit children as young as 7 years of age. The criminal circle is ultimately completed
when sex-tourists pay for access to the children for sex.
As for Kaechele, he is a sex-tourist of epic proportion. For example, as to Count Two,
his trip to Southeast Asia in May-June 2004, Kaechele’s journals reflect sexual activity with
minors 26 times over a 54-day period. In most instances, the victims listed ages were from 9 to
15 years-old. As to Count Three, his trip from February through April of 2005, Defendant’s
documents evidence sexual contact or penetration of a minor on 20 separate occasions.
Even if Defendant Kaechele’s journals represented only what he hoped or intended to
accomplish during his trips to Cambodia, the seriousness of his conduct and the offense becomes
patently obvious. A child, in any country, must be protected from those in the United States
who would travel to foreign countries and treat these children as a commodity for their own
deviant sexual interests. The United States suggests that a sentence of 121 months in prison will
reflect the seriousness of the offense of traveling with the intent to commit crimes of sexual
exploitation and provide just punishment to Kaechele for having committed these offenses.
Such a sentence of 121 months will reflect the seriousness of the offense, it will also
promote respect for the law by sending a message that those who wish to become a part of the
child sex-tourism industry will face serious consequences.
All of the above considerations also impact another consideration of 3553, the need to
deter such conduct by others. Anyone who seeks to sexually exploit children through
international travel should be deterred when the continued imposition of significant sentences for
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such conduct demonstrates the likely result of a conviction for those actions.
As to protecting the public from further crimes of Defendant, Kaechele will certainly be
unable to engage in similar conduct for the period of time that he is incarcerated and while on
supervised release with the imposition of foreign travel restrictions. A sentence of 121 months
in prison with provide the maximum protection to the public.
Given that Kaechele has indicated to the probation department that he “does not have any
interest in any counseling for any reason” (Pre-sentence report at paragraph 62) a sentence of 10
or more years, followed by a significant period of supervised release will assure protection of the
Avoiding Unwarranted Sentencing Disparities
The section 3553(a) factor of providing a sentence that “avoid[s] unwarranted sentencing
disparities among defendants with similar records who have been found guilty of similar
conduct” is difficult to assess in this case. It is the government’s understanding, or at least hope,
that few defendants have the type of record of sexual exploitation as Kaechele. There are very
few comparisons to make with Defendant here, as his prowess for sexually exploiting the girls
and women of Southeast Asia is astonishing. Certainly a ten-year plus sentence, as called for the
by the Guidelines, will not fall out of line with other sexually deviant offenders.
A final consideration is that the sentence should provide the most appropriate forms of
counseling and correctional treatment to Kaechele. While incarcerated, should Mr. Kaechele
change his opinion about a desire for psychological treatment or counseling, it can be made
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available trough the prison system An extensive period of confinement will guarantee the
potential availability of a period of counseling for the defendant.
Defendant Kaechele conduct and the intended purpose for his travels place him at the
high end of the guideline range applicable to this case. The United States requests that this
Court impose a sentence within the guideline range as calculated by the parties and the probation
department, and specifically recommend a sentence of121 months in prison to be followed by
KEVIN M. MULCAHYAssistant United States AttorneysEastern District of Michigan 211 West Fort StreetDetroit, MI 48226(313) 226-9715
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CERTIFICATE OF SERVICE
I hereby certify that on November 13, 2007, I electronically filed the foregoing document
with the Clerk of the Court using the ECF system, which will send notification of such filing tothe following: Harold Gurewitz
s/John N. O’Brien IIAssistant United States Attorney211 W. Fort Street, Suite 2001Detroit, MI 48226Phone: (313) 226-9715E-mail: [email protected]
REMESSA OBRIGATÓRIA E O PRINCÍPIO DA ISONOMIA MAURÍCIO GIANNICO – mestre e doutor em Direito Processual Civil pela Pontifícia Universidade Católica de São Paulo. Membro do Instituto Brasileiro de Direito Processual (IBDP). Advogado em São SUMÁRIO: I- Introdução. II- O princípio da isonomia no âmbito processual civil: premissas úteis ao desenvolvimento do tema. III- A remessa
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