Sentencing Memorandium — United States v. Weaver (Dkt. 38, E.D. Mo.)

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A Sentencing Memorandium filed for the defense in United States of America v. Anthony "Tony" Weaver, Sr., Case 4:22-cr-00298-SRC, in the U.S. District Court for the Eastern District of Missouri, filed January 13, 2023 by counsel Timothy J. Smith. It states that on October 21, 2022 Mr. Weaver pled guilty to a four count indictment, with Counts 1-4 each charging Wire Fraud under 18 U.S.C. § 1343. The memorandum describes his background and states that he has significant health challenges, including a diagnosis of prostate cancer, diabetes and high blood pressure. It also discusses his education and employment in support of the sentence it requests.

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Case: 4:22-cr-00298-SRC Doc. #: 38 Filed: 01/13/23 Page: 1 of 3 PageID #: 122




                           UNITED STATES DISTRICT COURT
                           EASTERN DISTRICT OF MISSOURI
                                 EASTERN DIVISION

UNITED STATES OF AMERICA,                          )
                                                   )
              Plaintiff,                           )
                                                   )   Cause No.: 4:22CR298 SRC/SPM
v.                                                 )
                                                   )
                                                   )
ANTHONY “TONY” WEAVER, SR.,                        )
                                                   )
              Defendant.                           )

                             SENTENCING MEMORANDIUM
                                         I.    BACKGROUND
On October 21, 2022, Mr. Weaver pled guilty to a four count indictment. Counts 1-4 each
charged Wire Fraud in Violation of 18 U.S.C. § 1343. Anthony L. Weaver was born on April 3,
1959, in St. Louis, MO. Mr. Weaver’s parents Allie Weaver and Joe Weaver remained married
until Joe Weaver passed in 2014. Although my client’s parents remained married for many years,
there were numerous difficulties and challenges within their marriage. Anthony’s father, Joe
Weaver, was an alcoholic and drank heavily especially during the weekends. Joe Weaver would
come home intoxicated and become physically abusive toward his wife. Unfortunately, Anthony
often times observed said abuse. Additionally, Anthony’s parents sometimes struggled to cloth
their four children.
                                   II.    PHYSICAL CONDITION
Mr. Weaver does have significant health challenges. Mr. Weaver has been diagnosed with
prostate cancer. Additionally, he suffers from diabetes and high blood pressure.
                           III.   EDUCATION AND EMPLOYEMENT
In addition to earning an associates degree in business from St. Louis Community College, Mr.
Weaver also earned a bachelor’s degree in business from Columbia College in 1989. Mr. Weaver
has a desire to further his education by becoming a real estate agent. Mr. Weaver has an
excellent work record. Per the Presentence Investigation Report he has worked in numerous
managerial roles for various employers. In fact, Mr. Weaver has never experienced a period of
unemployment.
                                         IV.   SENTENCING
The Government believed the defendant qualified for a two-level enhancement Pursuant to
USSG § 3B1.3 because the defendant allegedly abused a position of public or private trust or

 Case: 4:22-cr-00298-SRC Doc. #: 38 Filed: 01/13/23 Page: 2 of 3 PageID #: 123




used a special skill in a manner that significantly facilitated the commission or concealment of
the offense(s). However, U.S. Probation has a different view and states, “it does not appear that
the Defendant held a position of public or private trust characterized by professional or
managerial discretion. At the time of the instant offense, the Defendant was no longer working in
an official capacity as an Executive Assistant to Jane Doe and would have needed to rely on his
prior working relationship as well as his personal relationship with her to influence her
recommendation for recipients of SBR grant funds. As a result, no two-level enhancement was
applied.” The defense agrees with U.S. Probation, Mr. Weaver did not abuse a position of public
or private trust or use a special skill in a manner that significantly facilitated that commission or
concealment of the offense(s). In support of this position the Defense states the following:
            1. At the time of said offense(s) Defendant was not employed by Council-Woman
               Jane Doe.
            2. There is no evidence that the Defendant ever talked with Jane Doe or anyone in
               her office for the purpose of trying to obtain the SBR grant funds for John Smith.
            3. John Smith was not induced to utilize my client’s service because my client
               previously worked for Council-Woman Jane Doe. On contrary, John Smith was a
               government informant who was simply attempting to limit his own criminal
               exposure or punishment by working for the Government or setting up others.
Consequently, the Defense believes in the instant case the base offense level should be 11 and
the criminal history category should be category I and the appropriate guideline range is 8-14
months.
                                      V.     RECOMMENDATION
Pursuant to 18 U.S.C. § 3553 (a) there are numerous factors that would warrant a variance and
imposition of a non-guideline sentence based upon the history and characteristics of Defendant.
Specifically, the Defendant has never been incarcerated, has no history of substance abuse and
was recently diagnosed with prostate cancer. Additionally, the Defendant experienced food
insecurity as a child and witnessed domestic violence occur on several occasions in his youth.
Although, a sentence below suggested sentencing guidelines may be warranted, Defendant is
requesting a sentence that falls within said guidelines. The Defense respectfully request the
following sentence: 2 years probation, as a special condition of probation Defendant will
complete 8 month of home detention. In Light of Mr. Weaver lack of criminal record, excellent
work history, age and health condition said sentence is fair, reasonable, and firm.

 Case: 4:22-cr-00298-SRC Doc. #: 38 Filed: 01/13/23 Page: 3 of 3 PageID #: 124




                                                    Respectfully submitted:
                                                    RUDMAN & SMITH, LLC
                                                    By:/s/ Timothy J. Smith
                                                    Timothy J. Smith, #48655(MO)
                                                    2611 South Big Bend Blvd.
                                                    St. Louis, Missouri 63143
                                                    T: 314-645-7246
                                                    F: 314-645-4156
                                                    E: tjsmith@rudmansmithlaw.com
                                                    Attorney for Defendant




                                CERTIFICATE OF SERVICE
I hereby certify on this 9th day of January 2023, the foregoing was filed electronically with the
Clerk of Court to be served by operation of the Federal Court’s electronic filing system upon the
Office of the United States Attorney, [111 South 10th Street, St. Louis, MO 63102.] [555
Independence Street, Cape Girardeau, MO 63703.]
                                                                   /s/   Timothy J. Smith

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