Sentencing memo: Carl Junction man has had numerous shots at rehab and blown them all

In a sentencing memorandum filed today in U. S. District Court for the Western District of Missouri, the government asks for a 42-month sentence for Collin Asbell, 35, Carl Junction, who pleaded guilty June 10 to being a felon in possession of a firearm.

From the sentencing memorandum:

In the instant case, the defendant unlawfully entered an occupied residence while armed with a handgun. When law enforcement made contact with the defendant, he was wearing an orange bag that contained 62 grams of marijuana, multiple syringes, and other drug
paraphernalia. 

The defendant’s behavior in this case is especially troubling because it involved an innocent bystander. Possessing a firearm is already dangerous, but that danger is multiplied when coupled with the defendant’s controlled substance use and trespassing.

Most concerning of all, is that a mere two months after the defendant’s arrest for this offense, he was arrested again in possession of a firearm and fentanyl. It is clear that law enforcement intervention is insufficient to deter the defendant from possessing firearms and violating the law.

The defendant appears before the Court for sentencing with a criminal history category of V, based on numerous convictions for driving while intoxicated and possessing controlled substances. 

The defendant has been given multiple opportunities for rehabilitation, yet his conduct remains the same. He has completed a 120-day treatment program with the Missouri Department of Corrections, participated in treatment court, and has received multiple probation sentences. The defendant has been unsuccessful, and his conduct has elevated to possessing dangerous weapons.

Based on the egregious circumstances of this case, the defendant’s abysmal criminal history, the risk he poses to the community at large, and his past failure to be deterred by criminal justice intervention, he has demonstrated that a sentence of 42 months is sufficient but not greater than necessary.

Asbell's sentencing is scheduled for 10 a.m. January 15.