Sentencing Memorandum as to Harrescia Hopkins filed by Harrescia Hopkins — USA v. Hopkins (Dkt. 22, N.D. Ga.)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00284-SEG-CMS · Doc. 22 · 2023-03-15 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
) 
 
 
 
 
 
 
) 
 
Plaintiff, 
 
) 
 
 
 
 
 
 
) 
 
 
vs. 
 
 
 
) 
CASE NO.: 1:22-cr-00284-SEG-CMS-1 
 
 
 
 
 
 
) 
 
HARRESCIA HOPKINS, 
 
) 
 
 
 
 
 
 
) 
 
Defendant.  
) 
 
 
 
 
 
 
) 
 
DEFENDANT’S SENTENCING MEMORANDUM 
 
 
COMES NOW, Defendant HARRESCIA HOPKINS, by and through her 
undersigned counsel, and respectfully asks this Court to consider the information contained 
in this Memorandum when determining her sentence.  Ms. Hopkins submits that upon a 
review of the sentencing factors contained in 18 U.S.C. § 3553(a), this Court should sentence 
her to a non-custodial sentence.  In support of this sentence, Ms. Hopkins shows as follows: 
I. 
The Nature and Circumstances of the Offense  
Ms. Hopkins acknowledges that her offense conduct in this case is serious and that 
she, in a moment of great anxiety and weakness, submitted and received two paycheck 
protection program (PPP) loans from the government.  However, Ms. Hopkins only came to 
be investigated by the government because of allegations made against her while she was 
employed as a Corrections Officer for the Bureau of Prisons (BOP).  Ms. Hopkins has 
repeatedly and consistently denied these allegations and she has not been charged with any 
Case 1:22-cr-00284-SEG-CMS     Document 22     Filed 03/15/23     Page 1 of 6

 
 
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offenses related to this alleged conduct.  Further, not only would Ms. Hopkins’s finances not 
have been investigated by the government had these false allegations not been levelled 
against her, she likely would not have been prosecuted by the US Attorney’s Office in this 
District based on her PPP loan applications because the loss amount in this case is well-below 
the fraud loss amount threshold for cases typically brought by the government in this District.   
Ms. Hopkins raises these arguments not to downplay the severity of or her 
responsibility for the conduct in the filing of these PPP loan applications, but rather to 
highlight that similarly situated defendants are not being prosecuted for this conduct.  
Ironically, it is her commitment to public service, by first working with the Fulton County 
Sheriff’s Office and then BOP, that has led to her prosecution in this case.  Given that 
similarly situated defendants are not suffering similar consequences to Ms. Hopkins, she 
submits that a non-custodial sentence is appropriate in this case.  Ms. Hopkins will forever 
suffer the collateral consequences of being a convicted felon, including the loss of her 
employment and the likely ending of her dream of becoming a lawyer and eventually a 
federal Judge.  Considering these collateral consequences, any additional incarceration is 
unnecessary and overly harsh. 
Further, Ms. Hopkins notes that her loss amount falls just barely above the $40,000 
threshold for a six-level enhancement under the guidelines.  Indeed, were her loss amount to 
be limited to just the amounts she received from these loans, this amount would fall under 
$40,000 and she would only receive a four-level enhancement.  Therefore, her guideline level 
overstates the severity of her conduct in this case and a non-custodial sentence is appropriate 
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for Ms. Hopkins. 
II. 
Ms. Hopkins’s History and Characteristics  
 
Ms. Hopkins is a thirty-four-year-old woman with no prior criminal history.  Despite 
a childhood marred by sexual, physical, and emotional abuse, Ms. Hopkins graduated high 
school, college, and graduate school.  Ms. Hopkins has degrees in criminal justice and a 
master’s degree in public administration.  She received these degrees while working full-
time jobs to help support her family.  Ms. Hopkins became a law enforcement officer with 
the hopes of eventually becoming a lawyer and a federal Judge.  The attached character letters 
attest to Ms. Hopkins commitment to her community and its support of her.  See Character 
Letters, attached hereto as Exhibit A.  It is clear to all who know her that Ms. Hopkins is 
extremely remorseful and that she is no danger to reoffend.  Despite the severe mental and 
emotional stress she has been under prior to and during the pendency of this case, Ms. 
Hopkins has continued to work while on pretrial release and she is committed to remaining 
employed so that she can work towards paying back her restitution obligation in this case.  
Incarcerating Ms. Hopkins at this time will only further limit her ability to obtain and 
maintain employment, thereby making it more difficult for her to pay this money back.   
Therefore, given her lack of criminal history, her commitment to public service, and 
her support in the community, a non-custodial sentence is reasonable for Ms. Hopkins. 
WHEREFORE, for the foregoing reasons, as well as additional arguments that Ms. 
Hopkins will make at her sentencing hearing, Ms. Hopkins respectfully requests a non-
custodial sentence in her case.  
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This, the 15th day of March, 2023. 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
s/ Benjamin Black Alper  
 
 
 
 
 
 
 
BENJAMIN BLACK ALPER 
 
 
 
 
 
Georgia Bar No. 940406 
 
 
 
 
 
Attorney for Harrescia Hopkins 
ALPER LEGAL, P.C. 
1205 Johnson Ferry Road 
Suite 136, #359 
Marietta, Georgia 30068 
404.736.3939 
ben@alperlegal.com 
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CERTIFICATE OF COMPLIANCE 
This is to certify that to the best of my knowledge this document has been prepared 
with one of the font and point selections approved by the Court in LR 5.1B, pursuant to LR 
7. Specifically, the above-mentioned document has been prepared using Times New Roman 
font, 14 point. 
This, the 15th day of March, 2023. 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
s/ Benjamin Black Alper  
 
 
 
 
 
 
 
BENJAMIN BLACK ALPER 
 
 
 
 
 
Georgia Bar No. 940406 
 
 
 
 
 
Attorney for Harrescia Hopkins 
 
 
ALPER LEGAL, P.C. 
1205 Johnson Ferry Road 
Suite 136, #359 
Marietta, Georgia 30068 
404.736.3939 
ben@alperlegal.com 
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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
UNITED STATES OF AMERICA, 
) 
 
 
 
 
 
 
) 
 
Plaintiff, 
 
) 
 
 
 
 
 
 
) 
 
 
vs. 
 
 
 
) 
CASE NO.: 1:22-cr-00284-SEG-CMS-1 
 
 
 
 
 
 
) 
 
HARRESCIA HOPKINS, 
 
) 
 
 
 
 
 
 
) 
 
Defendant.  
) 
 
 
 
 
 
 
) 
  
CERTIFICATE OF SERVICE 
 
 
I HEREBY CERTIFY that on the above date, I electronically filed this document 
with the Clerk of Court using the CM/ECF system which will automatically send email 
notification of such filing to all attorneys of record. 
Respectfully submitted, 
 
 
 
 
 
 
s/ Benjamin Black Alper  
 
 
 
 
 
 
 
BENJAMIN BLACK ALPER 
 
 
 
 
 
Georgia Bar No. 940406 
 
 
 
 
 
Attorney for Harrescia Hopkins 
 
ALPER LEGAL, P.C. 
1205 Johnson Ferry Road 
Suite 136, #359 
Marietta, Georgia 30068 
404.736.3939 
ben@alperlegal.com 
 
Case 1:22-cr-00284-SEG-CMS     Document 22     Filed 03/15/23     Page 6 of 6

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