This is a corrected version of a story published on March 27. That story stated, “James Frederick Keach, Jr., a former member of the Red Devils Motorcycle Club was sentenced to 12 – 15 months confinement yesterday.” Keach got off easier than that and the story has been corrected to reflect the facts. The Aging Rebel regrets the error.
James Frederick Keach, Jr., a former member of the Red Devils Motorcycle Club was sentenced to time served plus three years of supervised release on March 26. He was the first defendant in the recent federal racketeering trial of motorcycle club members in South Carolina to be sentenced. He pled guilty to racketeering conspiracy which usually carries a mandatory sentence of 20 years. He had originally been charged with racketeering conspiracy and 14 additional counts.
In keeping with the rest of the case, Keach’s sentence remained a national secret a full day after the fact. Keach has been in custody since June 8, 2012. He is now a free man.
March 13 Motion
In a motion filed on March 13, his attorney, Jan S. Strifling, told Judge Cameron McGowan Currie:
“Mr. Keach’s safety is at higher risk while serving time in a Federal Institution. Counsel is informed that the Hell’s Angels as well as other gangs are well established in all Federal Institutions. It is also well known that any defendant’s cooperation is easily discovered in Federal Institutions. Mr. Keach would be safer not in a Federal Institution.
“Mr. Keach has a very extensive medical history. He is a completely disabled military veteran and his medical history and current state of health are documented in the Presentence Report (See paragraphs 90, 91 and 92 of the Presentence Report. The Probation officer indicates that he has not received records from the military. However, counsel has records documenting the defendant’s conditions and will produce them on request).
“During the time counsel has represented the defendant, there have been a number of instances that the defendant has been without his proper medication of other medical devices. Counsel argues that, while there are very adequate medical facilities in the BOP, the health and welfare of the defendant would be better served by treatment at the Veterans Administration.
“Mr. Keach has exhibited ‘the ability and potential to become a productive member of society.’ Mr. Keach voluntarily renounced his allegiance to the Red Devils and the lifestyle. He cooperated early (He signed as proffer on June 14th, 2012, less than a week after he was arrested) and courageously. He has no prior criminal history. He is an extremely intelligent individual as the court has seen firsthand. He has employment skills in the computer industry that are sought after and he should have no problem finding employment.”
March 26 Motion
In a motion written sometime before the sentencing but not actually filed as a public document until after Keach learned his fate, Assistant U.S. Attorney Jay Richardson wrote:
“Defendant Keach is scheduled to be sentenced at 9:00 am on Tuesday, March 26, 2013. The Government submits that Keach has provided substantial assistance during the course of his cooperation in the cases against his codefendants and his co-conspirators.
“For reasons that will be provided at sentencing, the Government requests that the Court reduce his sentence pursuant to U.S.S.G. §5(K)1.1 and Title 18, United States Code §3553(e).
“The Government respectfully moves this Court for a downward departure, pursuant to U.S.S.G. §5(K)1.1 and Title 18, United States Code §3553(e). Keach is facing a statutory maximum sentence of 20 years based on his plea to ‘racketeering conspiracy,’ a violation of Title 18, U.S.C. Section 1962(d). Keach is facing an advisory guideline sentence of 21-27 months based on a total offense level of 16 and a criminal history category of I. The Government will provide additional factual details and a recommendation at sentencing.”
The public record shows that Judge Currie granted Richardson’s motion yesterday.