Case 4:18-cr-00036-MW-CAS Document 42 Filed 08/20/19 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
UNITED STATES OF AMERICA
vs.

CASE NO.: 4:18cr36-MW

KENNETH ALEXANDER,
Defendant.
__________________________________/
DEFENDANT’S SENTENCING MEMORANDUM
COMES NOW, the Defendant, KENNETH ALEXANDER, by and
through his undersigned counsel, who files this Sentencing Memorandum
regarding the sentencing scheduled for August 21, 2019. Mr. Alexander and
counsel respectfully request that this Court consider the matters herein, the
letters in support of defendant, and the matters to be presented at the
sentencing hearing itself.
1. Mr. Alexander is 47 years of age. He was married for approximately
10 years but divorced in 2018. He has a 10-year-old son from the marriage, as
well as two stepchildren. He apparently maintains good contact with the three
children. He also has a 19-year-old son from a prior relationship. That
relationship is fractured. Paragraph 65 of the PSR correctly notes that this son
was involved in Mr. Alexander’s prior passport offense.

 Case 4:18-cr-00036-MW-CAS Document 42 Filed 08/20/19 Page 2 of 5

2. Mr. Alexander was born and raised in Texas by his mother and
maternal grandmother. It does not appear that his father played a role in his
upbringing. Mr. Alexander came to Tallahassee in 1990 to attend Florida State.
According to Wikipedia, he was a three-year starter on the FSU football team,
to include the 1993 National Championship team. He was the leading tackler
for the team from his linebacker position that year. He finished his collegiate
career with 285 tackles. Per Wikipedia: “A respected team leader, Alexander
served on FSU’s Alumni Board over a six-year span that ended in 2012.”
3. He played some professional football for the Kansas City Chiefs and
the Barcelona Dragons. He thereafter attended and successfully completed law
school at FSU but has not passed the bar exam.
4. Mr. Alexander has a previous federal conviction ¶53 PSR. The
incident commenced in 2007 when Alexander sought to obtain a passport for
his son. Further investigation led to Alexander submitting an altered official
court document and then being untruthful with an investigator. He was
sentenced a little more than 10 years ago. Due to his compliance, his period of
supervised release was terminated early.
5. Mr. Alexander has obviously had a few relationship problems, as well
as the two federal convictions. Counsel would like to be able to attribute these
issues to some character flaw that Mr. Alexander possesses. Counsel is unable
to do so. Counsel can offer only raw speculation that the violence inherent in

 Case 4:18-cr-00036-MW-CAS Document 42 Filed 08/20/19 Page 3 of 5

playing linebacker at the upper levels of college football, and then
professionally, may have impacted Mr. Alexander in a negative way from a
cognitive perspective. Mr. Alexander does, however, own up to his misdeeds
when consulting with counsel.
6. Mr. Alexander attended a proffer session prior to his change of plea.
During that session he agreed to provide the case agent with information
regarding another entity in Tallahassee that he believed was engaged in the
preparation of faulty tax returns. Alexander was asked to provide whatever
documentation he had that would substantiate what he had indicated. A search
of his files was fruitless. He was also asked if he would be able to provide
information that might assist federal investigators examining the actions of Ra
Power, a Utah solar power company that had misled many companies,
individuals, and Alexander regarding purported tax benefits that might flow
from investing in Ra’s fraudulent scheme. As it turned out, Alexander’s
participation was not required.
7. Mr. Alexander understands that this second federal conviction and
sentence will forever adversely affect his life. He offers no excuses for his
behavior. He acknowledges his wrongdoing and is remorseful. He strongly
recommends that others not engage in such activity.
8. Counsel suggests to the Court that it give consideration to the fact
that Mr. Alexander’s conduct does not involve violence, drugs, or guns. He is a

 Case 4:18-cr-00036-MW-CAS Document 42 Filed 08/20/19 Page 4 of 5

pleasant individual who, for whatever reason, opts to be less than candid. He
has injured the federal government from a financial standpoint. He has injured
taxpayers who trusted him. He will be required to pay an enormous amount of
restitution. The PSR indicates accurately that his finances are in turmoil ¶77, 79
PSR. He does not appear to have the ability to pay a fine and requests that one
not be imposed.
9. Mr. Alexander respectfully requests that this Court impose a
sentence that is sufficient, but not greater than necessary, to comply with the
purposes of sentencing as set forth in 18 USC § 3553(a)(2), and as amplified by
the SCOTUS decisions in Gall v. United States, 128 S. Ct. 586 (2007),
Kimbrough v. United States, 128 S. Ct. 558 (2007), Rita v. United States, 551 S.
Ct. 338 (2007), Nelson v. United States, 129 S. Ct. 890 (2009), and their
progeny.
10. Mr. Alexander understands that the Court must impose a two-year
sentence regarding Count 12, which will be adjudged consecutive to whatever
term of imprisonment the Court deems appropriate regarding the remaining
counts of conviction. He respectfully requests that the Court consider the
imposition of a sentence with respect to Counts 4 and 11 that is below the
bottom of the guideline range determined by the Court.
11. Mr. Alexander respectfully requests that he be allowed to self-report
to his BOP-designated facility.

 Case 4:18-cr-00036-MW-CAS Document 42 Filed 08/20/19 Page 5 of 5

Respectfully submitted,
/s/ William E. Bubsey
WILLIAM E. BUBSEY
FL Bar No. 0869960
P.O. Box 13043
Tallahassee, FL 32317
210 South Monroe Street
Tallahassee, Florida 32301
Telephone: (850) 524-0811
Fax: (850) 222-8826
webubsey@gmail.com
Co-Counsel for ALEXANDER
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing document was
served electronically through the CM/ECF system on co-counsel Gary Roberts
and Gary Milligan, Assistant United States Attorney, 111 North Adams Street,
Fourth Floor, Tallahassee, Florida 32301 on this 20th day of August 2019.

/s/ William E. Bubsey
WILLIAM E. BUBSEY