Motions Hearing as to Kisha Sutton — United States v. Sutton et al. (Dkt. 202, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 202 · 2025-05-20 · Docket on CourtListener

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Courtroom Minute Entry 
 
Room: WVSD-07023 
Case No.: 2:24-cr-00192-1 
Type: Motions Hearing 
Caption: USA v. Kisha Sutton 
Judge: Omar Aboulhosn 
 
Started: 5/20/2025 9:59:21 AM 
Ends: 
5/20/2025 10:44:53 AM 
Length: 00:45:33 
 
9:59:22 AM 
Judge Omar Aboulhosn 
9:59:23 AM 
Courtroom Deputy Tammy Davis 
9:59:30 AM 
Law Clerk Heather Kropac via Teams audio 
9:59:42 AM 
Court Reporter: Court Smart & Teams 
9:59:43 AM 
AUSA Jonathan Storage 
9:59:44 AM 
AUSA Jennifer Dowdy Gordon 
9:59:45 AM 
CJA Panel Attorney Conner Robertson 
9:59:48 AM 
HEARING ON DEFENDANT’S MOTIONS TO DISMISS FOR LACK OF VENUE (ECF DOCS. 184-193) 
10:04:37 AM 
Judge Omar Aboulhosn 
10:04:42 AM 
Calls case. 
10:04:44 AM 
Counsel, please note your appearance for the record. 
10:04:45 AM 
AUSA Jonathan Storage 
10:04:47 AM 
AUSA Jennifer Dowdy Gordon 
10:04:51 AM 
Notes appearance on behalf of the United States. 
10:04:54 AM 
CJA Panel Attorney Conner Robertson 
10:04:58 AM 
Notes appearance on behalf of the defendant. Ms. Sutton signed a Waiver of Right to Appear for Motions. 
10:05:01 AM 
Also with me is Caden Williams, a WVU Student, here to shadow, your honor. 
10:05:17 AM 
Judge Omar Aboulhosn 
10:05:19 AM 
Thank you. We have ten counts of Motions to Dismiss for Lack of Venue. 
10:05:32 AM 
I have read the government's response. 
10:05:42 AM 
I will hear from counsel. 
10:05:52 AM 
CJA Panel Attorney Conner Robertson 
10:05:55 AM 
Proffers to the Court. 
10:10:04 AM 
Basically, I will withdraw Count One to Dismiss. 
10:10:18 AM 
Discusses Counts Two through Ten. 
10:14:30 AM 
Judge Omar Aboulhosn 
10:14:32 AM 
Discusses case law the government references. 
10:14:47 AM 
CJA Panel Attorney Conner Robertson 
10:14:49 AM 
New Jersey, your honor. And continued through Florida and California, completed upon the submission 
10:15:17 AM 
of the application. 
10:15:28 AM 
It is completed when you hit send. 
10:15:40 AM 
Judge Omar Aboulhosn 
10:15:42 AM 
Discusses the conspiracy allegation. 
10:16:11 AM 
CJA Panel Attorney Conner Robertson 
10:16:14 AM 
I believe they are listed as residents of West Virginia as alleged in the Indictment. 
10:17:08 AM 
The Court has to find the essential conduct. 
10:17:18 AM 
Discusses the original agreement to defraud the bank. 
10:18:06 AM 
Discusses the timeliness of the motions filed and the reason for the delay. 
10:19:33 AM 
Judge Omar Aboulhosn 
10:19:36 AM 
I just wanted you to put on the record as to the delay. 
10:20:00 AM 
CJA Panel Attorney Conner Robertson 
10:20:05 AM 
Discusses general venue statute. 
10:21:44 AM 
Judge Omar Aboulhosn 
10:21:46 AM 
You have done an excellent job arguing your point, counsel. 
10:22:00 AM 
AUSA Jonathan Storage 
10:22:02 AM 
Proffers to the Court. 
10:23:02 AM 
Discusses difference in wire fraud and bank fraud. 
10:29:29 AM 
CJA Panel Attorney Conner Robertson 
10:29:34 AM 
Proffers to the Court as to the conspiracy and the bank fraud. 
10:30:19 AM 
Discusses the essential conduct of the bank fraud. 
10:33:55 AM 
Judge Omar Aboulhosn 
10:33:57 AM 
When is this matter set for trial? 
Case 2:24-cr-00192     Document 202     Filed 05/20/25     Page 1 of 2 PageID #: 1081

10:34:08 AM 
I will issue my Order in this case and shorten the time you have to appeal. 
10:34:40 AM 
I should get an Opinion out by the end of business tomorrow. 
10:35:05 AM 
Discusses the appeal deadline dates so as to no rush Judge Berger with trial fast approaching. 
10:35:23 AM 
AUSA Jonathan Storage 
10:35:29 AM 
Proffers to the Court. 
10:36:22 AM 
Judge Omar Aboulhosn 
10:36:30 AM 
Mr. Robertson, I will give you the last word. 
10:36:39 AM 
CJA Panel Attorney Conner Robertson 
10:36:42 AM 
Discusses when bank fraud begins and when it ends. 
10:37:48 AM 
Judge Omar Aboulhosn 
10:37:50 AM 
Discusses the case law the government cited. 
10:37:59 AM 
CJA Panel Attorney Conner Robertson 
10:38:01 AM 
No act or essential conduct occurred in West Virginia. 
10:41:05 AM 
Discusses they were all Chime accounts. 
10:42:16 AM 
Discusses the clicking of the mouse. 
10:42:36 AM 
Bank fraud doesn't mean you have to have a kick back. 
10:42:59 AM 
Bank fraud is submission of fraudulent documents to the bank. 
10:43:19 AM 
Discusses aiding and abetting - and the kick back. 
10:43:42 AM 
Judge Omar Aboulhosn 
10:43:44 AM 
Thank you. I will take this matter under advisement and like I said, I will get an Opinion out soon. 
10:44:03 AM 
Both of you have done excellent jobs arguing your cases. 
10:44:20 AM 
Hearing adjourned 
Case 2:24-cr-00192     Document 202     Filed 05/20/25     Page 2 of 2 PageID #: 1082

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