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Date: 08-15-2019

Case Style:

United States of America v. Kwame Fleming

Case Number: 2:17-cr-00005-ILRL-DMD

Judge: Ivan L.R. Lemelle

Court: United States District Court for the Eastern District of Louisiana (Orleans Parish)

Plaintiff's Attorney: Joseph K. Wheatley and Jonathan Leighton Shih

Defendant's Attorney: Bruce G. Whittaker

Description:




New Orleans, LA - New Orleans Man Sentenced To 439 Months for Accessory to Murder, Carjacking, Robbery, and Firearms Offenses

KWAME FLEMING, age 28, of New Orleans, was sentenced for one count of accessory to murder through use of a firearm, in violation of 18 U.S.C. § 924(j), two counts of carjacking, in violation of 18 U.S.C. § 2119, two counts of brandishing a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c), one count of Hobbs Act Robbery, in violation of 18 U.S.C. § 1951, and one count of discharging a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c).

FLEMING pled guilty on July 30, 2018, to the above-described offenses. According to court documents, FLEMING assisted two individuals who committed a murder on June 1, 2015, in New Orleans, in attempting to hinder and prevent their apprehension, trial, and punishment.

Furthermore, FLEMING took part in two carjackings, during which firearms were brandished.

FLEMING committed a Hobbs Act robbery, during which FLEMING and his co-conspirators stole items from a residence in Mississippi, including marijuana and an assault rifle.

Judge Ivan L.R. Lemelle sentenced FLEMING on the accessory to commit murder count to 151 months imprisonment as well as (3) three years of supervised release. FLEMING was sentenced on the carjacking counts to 151 months imprisonment as well as (3) three years of supervised release. On the Hobbs Act robbery, FLEMING was sentenced to 151 months imprisonment as well as (3) three years of supervised release. On the two counts of brandishing a firearm during a crime of violence, FLEMING was sentenced to 84 months imprisonment, to be served consecutively, followed by (3) three years of supervised release. Finally, for discharging a firearm during a crime of violence, FLEMING was sentenced to 120 months imprisonment, to be served consecutively, as well as (3) three years of supervised release. FLEMING was also sentenced to pay $5,320 in restitution.

“Today’s sentencing signifies a “win”, not only for the dedicated law enforcement personnel responsible for investigating and prosecuting Mr. Fleming, but also for to those personally affected by the crimes, as well as the entire community,” stated U.S. Attorney Peter G. Strasser. “Violent criminals, intent on victimizing our citizens, will not be tolerated and they will continue to be vigorously pursued by law enforcement in order to be held accountable for their criminal actions.”

“This was a long, complex case, but now justice has been served. We hope this sentencing can help bring closure to the families and friends of those who were needlessly victimized during a violent spree of murder, robberies, and carjackings,” said ATF New Orleans Special Agent in Charge Kurt Thielhorn. “Agents from ATF New Orleans along with our law enforcement partners were relentless in the pursuit of justice in this case. We will continue to work together to protect the public by removing violent criminals from our communities.”

U.S. Attorney Strasser praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the New Orleans Police Department, the Jefferson Parish Sheriff’s Office, the Baton Rouge Police Department, the Zachary Police Department, and the Wilkinson County, Mississippi, Sheriff’s Office in investigating this matter. Assistant United States Attorney Jonathan L. Shih and Trial Attorney Joseph K. Wheatley, of the Organized Crime and Gang Section of the Department of Justice, are in charge of the prosecution.

Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.


Charges:


21:846 CONSPIRACY TO DISTRIBUTE AND POSSESS WITH INTENT TO DISTRIBUTE MARIJUANA, A SCHEDULE I DRUG CONTROLLED SUBSTANCE
(1)
18:3 RECEIVING, RELIEVING, COMFORTING, AND ASSISTING THE OFFENDERS, IN ORDER TO HINDER AND PREVENT THEIR APPREHENSION, TRIAL, AND PUNISHMENT
(1s)
18:371 CONSPIRACY TO COMMIT CARJACKINGS
(2)
18:2119 TAKING A MOTOR VEHICLE THAT HAD BEEN TRANSPORTED, SHIPPED, AND RECEIVED IN INTERSTATE AND FOREIGN COMMERCE BY FORCE, VIOLENCE, AND INTIMIDATION, WITH THE INTENT TO CAUSE DEATH AND SERIOUS BODILY HARM; 18:2 AIDING AND ABETTING
(2s)
18:924 (j)(1) MURDER THROUGH USE OF A FIREARM; 18:2 AIDING AND ABETTING
(3)
18:924(c)(1)(A)(ii) DID KNOWINGLY BRANDISH, CARRY, AND USE A FIREARM, DURING AND IN RELATION TO A CRIME OF VIOLENCE, TO WIT, CARJACKING; 18:2 AIDING AND ABETTING
(3s)
18:2119 ATTEMPTED CARJACKING; 18:2 AIDING AND ABETTING
(4)
18:1951 DID OBSTRUCT, DELAY AND AFFECT, AND ATTEMPT TO OBSTRUCT, DELAY AND AFFECT, COMMERCE AND THE MOVEMENT OF ARTICLES 1 AND COMMODITIES IN SUCH COMMERCE, BY ROBBERY BY MEANS OF ACTUAL AND THREATENED FORCE, VIOLENCE, AND FEAR OF INJURY, IMMEDIATE AND FUTURE; 18:2 AIDING AND ABETTING
(4s)
18:924(c) BRANDISHING A FIREARM DURING A CRIME OF VIOLENCE; 18:2 AIDING AND ABETTING
(5)
18:924(c)(i)(A)(iii) DID KNOWINGLY DISCHARGE, CARRY, AND USE A FIREARM, DURING AND IN RELATION TO A CRIME OF VIOLENCE, TO WIT, HOBBS ACT ROBBERY; 18:2 AIDING AND ABETTING
(5s)
18:2119 CARJACKING; 18:2 AIDING AND ABETTING
(6)
18:2119 TAKING A MOTOR VEHICLE THAT HAD BEEN TRANSPORTED, SHIPPED, AND RECEIVED IN INTERSTATE AND FOREIGN COMMERCE BY FORCE, VIOLENCE, AND INTIMIDATION, WITH THE INTENT TO CAUSE DEATH AND SERIOUS BODILY HARM; 18:2 AIDING AND ABETTING
(6s)
18:924(c) BRANDISHING A FIREARM DURING A CRIME OF VIOLENCE; 18:2 AIDING AND ABETTING
(7)
18:924(c)(1)(A)(ii) DID KNOWINGLY BRANDISH, CARRY, AND USE FIREARMS, DURING AND IN RELATION TO A CRIME OF VIOLENCE, TO WIT, CARJACKING; 18:2 AIDING AND ABETTING
(7s)
18:1951 CONSPIRACY TO COMMIT HOBBS ACT ROBBERY
(8)
18:924(c) DISCHARGING A FIREARM DURING A CRIME OF VIOLENCE AND DRUG TRAFFICKING CRIME; 18:2 AIDING AND ABETTING
(9)
18:2119 CARJACKING; 18:2 AIDING AND ABETTING
(10)
18:924(c) BRANDISHING A FIREARM DURING A CRIME OF VIOLENCE; 18:2 AIDING AND ABETTING
(11)
18:924(o) CONSPIRACY TO USE FIREARMS DURING CRIMES OF VIOLENCE AND DRUG TRAFFICKING CRIMES
(12)

Outcome: EXPARTE/CONSENT MOTION 3-Point Reduction for Acceptance of Responsibility by USA as to Kwame Fleming. (Attachments: # 1 Proposed Order)(Shih, Jonathan) (Entered: 08/14/2019)

Plaintiff's Experts:

Defendant's Experts:

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