Mail Returned as Undeliverable — USA v. Hopkins (Dkt. 61, N.D. Ga.)

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U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00284-SEG-CMS · Doc. 61 · 2024-06-25 · Docket on CourtListener

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OFFICE OF THE Ci..ERK 
UNITED STATES DISTRICT COURT 
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Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 1 of 11

Harrescia Hopkins-Reg. No. 15535-510 
FMC Lexington Atwood Unit 
P.O. Box 14525 
Lexington, KY 40512 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 2 of 11

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
V. 
HARRESCIA HOPKINS, 
Defendant. 
ORDER 
CRIMINAL ACTION NO. 
1:22-CR-0284-SEG 
This matter is before the Court on Defendant Harrescia Hopkins's 
motion for a reduction of sentence under 18 U.S.C. § 3582(c)(2). (Doc. 4 7.) This 
statute permits a district court to reduce a term of incarceration "in the case of 
a defendant who has been sentenced to a term of imprisonment based on a 
sentencing range that has subsequently been lowered by the Sentencing 
Commission ... " 18 U.S.C. § 3582(c)(2). Ms. Hopkins seeks a reduction based 
on the retroactive criminal history amendment (Amendment 821) to the United 
States Sentencing Guidelines ("U.S.S.G."). Amendment 821, made effective on 
November 1, 2023, retroactively permits a two-level reduction of the total 
offense level for certain defendants who have zero criminal history points and 
who satisfy other enumerated criteria. 
Ms. Hopkins, a former correctional officer at the United States 
Penitentiary in Atlanta, Georgia, pleaded guilty on December 20, 2022, to two 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 3 of 11

counts of wire fraud (18 U.S.C. § 1343) for submitting two fraudulent 
applications for a Paycheck Protection Program ("PPP") loan on behalf of 
"Hopkins Towing and Storage," a fake business. (Doc. 19.) She was sentenced 
on June 8, 2023, to five months of imprisonment to be followed by two years of 
supervised release. (Doc. 35.) The Government opposes Ms. Hopkins's request 
to reduce this sentence, arguing that she "already received the benefit of 
Amendment 821 via a variance at sentencing." (Doc. 52 at 1.) 
Prior to sentencing, Ms. Hopkins filed a supplemental sentencing 
memorandum urging the Court to consider a reduction of any sentence 
pursuant to Amendment 821 because "were she to be sentenced a mere seven 
months from today, this proposed amendment would likely be in effect and 
apply to her case." (Doc. 24 at 2.) The Government stated that it did "not object 
to Hopkins receiving a two-level downward variance at sentencing to receive 
the anticipated benefit of the amendment as long as the record is clear that 
Hopkins waives the right to seek a further sentence reduction under 18 U.S.C. 
§ 3582(c)(2) based on Section 4Cl.1 once the amendment is adopted." (Doc. 32 
at 1-2.) 
At the time of Ms. Hopkins's sentencing, her base offense level was 7. 
The base offense level was then reduced by two points for acceptance of 
responsibility, and enhanced by six points because the loss was more than 
$40,000 but less than $95,000, resulting in a total offense level of 11. That 
2 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 4 of 11

corresponded to a custody guideline range of 8-14 months. The Court then 
varied downward based, in part, on the reduction that Ms. Hopkins would have 
received pursuant to Amendment 821 had it been in effect at that time. The 
Court's sentence thus took into account the guideline range of 4-10 months that 
would have applied if Amendment 821 had then been in place. And the Court 
sentenced Ms. Hopkins within that reduced range. 
Put another way, 
Amendment 821 was already factored into the sentencing decision.I 
Having fully considered Ms. Hopkins's motion, and taking into account 
the policy statement set forth at U.S.S.G. § lBl.10 and the sentencing factors 
in 18 U.S.C. § 3553(a), the Court concludes that no further reduction is 
warranted. Ms. Hopkins's motion for a reduction of sentence is therefore 
DENIED. (Doc. 47.) 
The Clerk is DIRECTED to mail a copy of this order to Ms. Hopkins at the 
following addresses: 
Harrescia Hopkins 
Reg. No. 15535-510 
FMC Lexington Atwood Unit 
P.O. Box 14525 
Lexington, KY 40512 
1 As Ms. Hopkins noted in her supplemental sentencing memorandum, a 
reduction pursuant to Amendment 821 "would place Ms. Hopkins at a level 9 
with a guideline range of 4-10 months." (Doc. 24 at 2.) 
3 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 5 of 11

Harrescia Hopkins 
1509 Conley Way 
Conley, GA 30288 
SO ORDERED this 15th day of April, 2024. 
~la~~y 
United States District Judge 
4 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 6 of 11

Orders on Motions 
1 :22-cr-00284-SEG-CMS USA v. Hopkins CASE 
CLOSED on 06/09/2023 
2255,821,CLOSED,CertRdyTrl,SHORT,SUBMDJ 
U.S. District Court 
Northern District of Georgia 
Notice of Electronic Filing 
The following transaction was entered on 4/15/2024 at 3 :28 PM EDT and filed on 4/15/2024 
Case Name: 
USA v. Hopkins 
Case Number: 
l :22-cr-00284-SEG-CMS 
Filer: 
Document Number: 53 
Docket Text: 
ORDER denying [47] Motion for Reduction of Sentence - USSC Amendment 821 as to Harrescia 
Hopkins (1). The Clerk is DIRECTED to mail a copy of this order to Ms. Hopkins at the following 
addresses: Harrescia Hopkins Reg. No. 15535-510 FMC Lexington Atwood Unit P.O. Box 14525 
Lexington, KY 40512. Harrescia Hopkins 1509 Conley Way Conley, GA 30288. Signed by Judge Sarah 
E. Geraghty on 4/15/2024. (dgr) 
1:22-cr-00284-SEG-CMS-1 Notice has been electronically mailed to: 
Garrett L. Bradford 
garrett. bradford@usdoj.gov, aarione. wilson@usdoj.gov, Case View.ECF@usdoj.gov, 
latashia. way@usdoj.gov, USA GAN .CriminalDocketing-CourtN otices@usdoj .gov, 
US AGAN .MotionsResponses@usdoj.gov 
Mildred Geckler Dunn 
Millie_Dunn@FD.Org, belinda_rogers@fd.org, GANAT_ECF@FD.ORG 
Nathan Parker Kitchens 
nathan.kitchens@usdoj.gov, Andrea.Schulke@usdoj.gov, Case View.ECF@usdoj.gov, 
USA GAN. CriminalDocketing-CourtN otices@usdoj.gov, USA GAN .MotionsResponses@usdoj.gov 
Sarah Klapman 
sarah.klapman@usdoj.gov, Case View.ECF@usdoj.gov, Shelita.Porter@usdoj.gov, 
USA GAN. CriminalDocketing-CourtN otices@usdoj.gov 
Whitman Matthew Dodge 
matthew _ dodge@fd.org, nyeshia _ mercier@fd.org 
1:22-cr-00284-SEG-CMS-1 Notice has been delivered by other means to: 
Harrescia Hopkins(Terminated) 
FMC Lexington Atwood Unit 
PO Box 14525 
Lexington, KY 40512 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 7 of 11

The following document(s) are associated with this transaction: 
Document description:Main Document 
Original filename:n/a 
Electronic document Stamp: 
[STAMP dcecfStarnp _ ID= 10608687 5 3 [Date=4/15/2024] [FileN umber= 13 95 8246-
0] [082dcbf91e72cc015e8e29c09c1342a4426c82eab5ae23fcb3606140f5adlb32f6 
019c803ee42d6b 185bb94e2al 3d535d5959cfl cd7b4415f3b4534652cfl e05]] 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 8 of 11

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
V. 
HARRESCIA HOPKINS, 
Defendant. 
ORDER 
CRIMINAL ACTION NO. 
1:22-CR-0284-SEG 
Defendant Harrescia Hopkins pleaded guilty on December 20, 2022, to 
two counts of wire fraud (18 U.S.C. § 1343) for submitting two fraudulent 
applications for Paycheck Protection Program ("PPP") loans on behalf of 
"Hopkins Towing and Storage," a fake business. (Doc. 19.) She was sentenced 
on June 8, 2023, to five months of imprisonment to be followed by two years of 
supervised release. (Doc. 35.) 
On August 14, 2023, Ms. Hopkins filed a pro se motion to vacate, set 
aside, or correct the sentence pursuant to 28 U.S.C. § 2255. (Doc. 44.) 
The 
motion was scant on details and listed the sole ground for relief as 
"misrepresentation." (Id. At 6.) 
On August 22, 2023, the Magistrate Judge 
directed Ms. Hopkins to file an amended petition to "provide additional details 
so that the Court can better understand the claim that Movant seeks to raise." 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 9 of 11

(Doc. 45 at 1.) On August 31, 2023, Ms. Hopkins filed a more fulsome amended 
motion asserting ineffective assistance of counsel. (Doc. 46.) 
On February 26, 2024, the Magistrate Judge issued a Report and 
Recommendation ("R&R") on the § 2255 motion. (Doc. 49.) The Magistrate 
Judge noted that Ms. Hopkins completed the custodial portion of her sentence 
in February 2024 but "has not provided the Court with an updated address 
since she was released." (Id. at 2.) The Magistrate Judge recommends that 
the § 2255 motion be dismissed without prejudice because management of the 
case is adversely affected by Ms. Hopkins's failure to keep her contact 
information current. Ms. Hopkins has not filed any objections to the R&R. 
The Court recognizes that the period following release from 
incarceration can be one of significant transition. The Court is therefore 
disinclined to dismiss the§ 2255 motion for Ms. Hopkins's failure immediately 
to update her address upon her release. 1 Ms. Hopkins is DIRECTED to file a 
notice updating her contact information by May 3, 2024. 
The Government is DIRECTED to file a response to the § 2255 motion 
within 45 days of the entry date of this order. The Clerk is DIRECTED to mail 
a copy of this order to Ms. Hopkins at the following addresses: 
1 The Court accordingly declines to adopt the Magistrate Judge's R&R. (Doc. 
49.) 
2 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 10 of 11

Harrescia Hopkins 
Reg. No. 15535-510 
FMC Lexington Atwood Unit 
P.O. Box 14525 
Lexington, KY 40512 
Harrescia Hopkins 
1509 Conley \Vay 
Conley, GA 30288 
SO ORDERED this 15th day of April, 2024. 
&¼ E~EcttM1tfr .... 
United States District Judgep 
3 
Case 1:22-cr-00284-SEG-CMS     Document 61     Filed 06/25/24     Page 11 of 11

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