Court memo: Joplin Honkey should receive minimum sentence on meth charge because of his "troubled" childhood

A Joplin man has seen the error of his ways and should be rewarded with a lighter sentence on a meth conspiracy charge.

Austin Knoblock, the attorney for Randy Forsythe, 52, made those arguments in a sentencing memo filed today in U. S. District Court for the Western District of Missouri.

Forsythe had a rough childhood, Knoblock argued.

Mr. Forsythe had a very troubled, impoverished upbringing, that resulted in his history of substance abuse and entanglements with the law. 

However, Mr. Forsythe has served his time for offenses previously committed, as well as made personal strides while incarcerated such as earning his GED and learning the trade of woodworking. Mr. Forsythe is also now of an advanced age, and deteriorating mental and physical health.

 Finally, the Defendant has accepted full responsibility for the crime warranting the downward departure.

In the memo, Knoblock said the nature of his client's crime also made a minimum 10-year sentence a good idea.

The crime was non-violent, there was no victim, and the individual sales were typical amounts of meth transactions. 

As far as deterrence and protecting the public from the Defendant, Mr. Forsythe will be in his 60s upon release even given the minimum sentence, and in a low category for recidivism. Additionally, Mr. Forsythe will be able to engage in ongoing substance abuse treatment while incarcerated within the minimum sentence, which will further protect the public during and after his incarceration, as well as afford him the opportunity for rehabilitation.

Knoblock accused the government of "sentencing manipulation," noting that Forsythe's crimes came as a result of undercover agents continuing to buy meth from Forsythe, adding to the counts.

“By pleading guilty, defendant waived his right to raise entrapment as a defense to elements of the crime, but guilty plea did not waive defendant's right to raise sentencing entrapment as valid basis for downward departure under Sentencing Guidelines.”

According to Forsythe's plea agreement, he admitted to selling meth to an undercover officer June 3, June 19 and June 21, 2019. In exchange for his guilty plea, the government dismissed a second conspiracy charge, two meth trafficking charges and a weapons violation.

Forsythe was arrested following a one-hour standoff December 4, 2019, with officers from the Ozarks Drug Enforcement Team and Jasper County SWAT, with the ODET news release referring to him as a member of the Joplin Honkeys gang.

According to the news release, Forsythe's pending warrants at that time included resisting arrest, possession of a firearm, possession of a controlled substance, assault, peace disturbance and felony fugitive hold from Oklahoma.

Forsythe's sentencing is scheduled for 1:30 p.m. Tuesday in Springfield.