Case 2:17-cr-00258-VEH-JEO Document 16 Filed 10/30/17 Page 1 of 4 FILED

2017 Oct-30 PM 04:14

U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

UNITED STATES OF AMERICA )

)
V. ) Case No. 2:17-CR-258-VEH-JEO
)
JENNIFER FLYNN CATALDO )

SENTENCING MEMORANDUM

Jennifer Cataldo had spent a lifetime serving and helping others. She was a reliable and

dependable child who assisted her father, who was a disabled Vietnam veteran. She was an active

member of her church and spent her summers as a missionary serving both her church and the less

privileged communities of the Pacific Islands.

After graduating from the University of South Alabama, Ms. Cataldo became a special

education teacher. It was not a financially rewarding career path, but Ms. Cataldos focus was on

the rewards of helping elementary-school-aged children with developmental delays. She taught

children in inner-city schools in Mobile, as well as in Calera. Some of her students had Downs

Syndrome. Others came from homes that were ravaged by drug abuse, physical abuse and

psychological abuse. She provided these children a safe and nurturing environment where they

could learn and not be treated as outcasts. She even tutored some of them in the summertime. She

was good at her job.

After her only child was born prematurely, Ms. Cataldo left her teaching job to be a stay-

at-home mom and tend to her young sons needs. She had a good marriage and ultimately a healthy

son. Unfortunately, in 2015, Ms. Cataldos only sibling, her older brother, succumbed to liver

failure after battling drug and alcohol addiction for many years. Ms. Cataldo had an emotional

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breakdown. She had already been prescribed Lexapro, Xanax and Wellbutrin more than a decade

earlier for anxiety and depression. When she added more than 30 non-prescribed Percocet a day

to the mix it was a toxic combination.

A woman who had spent her whole life caring and staying out of trouble stopped caring

and ran full-steam into trouble. She knows she has nobody to blame but herself. Ms. Cataldo had

earned everything up to that point in her life by her acts and the way she treated people, particularly

those who could not help her. It is a cruel twist of irony that her defining actions in this matter

were the complete opposite of how she has always lived her life.

Ms. Cataldo has accepted responsibility for her selfish and inexcusable behavior in this

matter. She gave a full disclosure to law enforcement during a non-custodial interview at her home.

She did not request an attorney or refuse to talk or cooperate. She admitted that it was all a lie

in the presence of her family and multiple law enforcement agents.

Ms. Cataldos actions have already cost her dearly. She destroyed her marriage and

ultimately got served with divorce papers in jail. She lost custody of the true love of her lifeher

son. She lost her teaching license. She lost her relationship with her family. She tarnished her

pristine reputation and clean record. And she has lost her freedom.

Ms. Cataldo has been incarcerated since May 4, 2017, for her conduct in this matter. 1

Over the course of the last six months Ms. Cataldo has been a model inmate. Every day she has

reflected on the pain she caused so many people by her actions. As someone who is no stranger to

hurt, Ms. Cataldo is genuinely remorseful for causing others pain, anguish, outrage or

1 She was arrested on related conduct in Shelby County cases DC 2017-1445 and DC 2017-1446.

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embarrassment. She intends to make her victims financially whole by working as hard as she can

and as soon as she can.

Although not binding on this Court, Ms. Cataldos advisory guideline range is 27-33

months. However, the current sentencing guidelines do not account for first offenders. Under

the proposed amendments to the guidelines for 2018, defendants such as Ms. Cataldo with no

prior convictions of any kind would be eligible for a one-level reduction in offense level. See

4C1.1 proposed amendments to USSG; https://www.ussc.gov/sites/default/files/pdf/amendment-

process/reader-friendly-amendments/20170824_rf_proposed.pdfs.

Ms. Cataldo requests that this Court impose a sentence of 18 months in this matter. This

sentence would provide a just punishment and promote respect for the law in that Ms. Cataldo

would have to serve a significant period of incarceration. It would also provide the opportunity for

the restitution to be paid in the most effective and efficient manner. Ms. Cataldo is not a risk to re-

offend and would submit to any form of supervision, including strict monitoring or restrictions on

her online activity. Finally, while Ms. Cataldo acknowledges that the nature of this offense is

especially troubling, her history and characteristics are atypical. Ms. Cataldo cannot hide from the

fact that she betrayed so many people that knew her best. However, most of those people were

willing to help Jennifer Cataldo because they knew she was the type of person who helped others

and cared for others. Even now, at her lowest point, that is still an undeniable truth.

Respectfully submitted, this 30th day of October, 2017.

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KEVIN L. BUTLER
Federal Public Defender

/s/Adam Danneman
Adam Danneman
Assistant Federal Public Defender
Office of the Federal Public Defender
Northern District of Alabama
505 20th Street, North, Suite 1425
Birmingham, Alabama 35203
(205) 208-7170 Office
Adam_danneman@fd.org

CERTIFICATE OF SERVICE

I hereby certify that on October 30, 2017, I electronically filed the foregoing with the Clerk
of the Court using the CM/ECF system which will send notification of such filing to the following
to all interested parties.

/s/Adam Danneman
Assistant Federal Public Defender