Kaquatosh sentenced for burglarizing uncle

A Keshena man with a lengthy criminal history was sentenced Thursday in federal court to two years in prison plus three years supervised release for burglary of a relative’s residence and unlawful possession of firearms.

Austin A. Kaquatosh, 28, faced a statutory maximum sentence of 19½ years in prison after a June 8, 2020, burglary of an uncle’s home. He entered the unoccupied residence, stole valuables, including firearms, and sold some in an attempt to obtain drugs, his attorney, Eric Maciolek, wrote the court.

He committed the burglary while on supervised release for another offense.

Kaquatosh’s prior convictions, dating to 2010, made it unlawful for him to possess firearms.

Even under the less severe advisory sentencing guidelines, Kaquatosh faced 14½ years in prison, which Maciolek wrote overstates the seriousness of his conduct as some offenses occurred when he was still a juvenile.

“(H)e has a significant number of criminal convictions, but he is not one of America’s worst criminal offenders,” Maciolek wrote.

Kaquatosh was only 14 years old when he committed a burglary. He was 17 when he was convicted of fleeing an officer and would have been under juvenile jurisdiction in any other state except Wisconsin, according to Maciolek.

Deciding that case in adult court, instead of juvenile court, added to the potential prison time he faced under the guideline range.

“This is a harsh sentencing range (120 to 150 months in prison) considering his age, (and) potential for rehabilitation,” Maciolek wrote, who asked for an 18-month sentence.

In pleading guilty to burglary and felon in possession of firearm on Feb. 1, Kaquatosh took responsibility for his crimes and realizes that “his actions were destructive to himself, his family and the community,” Maciolek wrote.

Drug addiction has been a problem for Kaquatosh, who has overdosed on synthetic marijuana and methamphetamine and hasn’t completed outpatient treatment programs.

Kaquatosh has never held a verifiable job, according to Maciolek, and has relied on the charity of family members before stealing from one of them.

His client doesn’t pose a threat to the community as Kaquatosh likely knew that his uncle’s home would be unoccupied when he chose to enter it, and he did return most of the stolen items, Maciolek wrote.

Completion of drug treatment while incarcerated and steady employment after his release are the keys to his client’s successful future, Maciolek wrote. Kaquatosh is motivated to stay sober and employed as it would help him to regain custody of his children and to be a good father.