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

Summary

A courtroom minute entry for a motions hearing on 5/20/2025 before Judge Omar Aboulhosn in USA v. Kisha Sutton, Case No. 2:24-cr-00192-1, in the Southern District of West Virginia. The hearing was on the defendant's motions to dismiss for lack of venue. AUSA Jonathan Storage and AUSA Jennifer Dowdy Gordon appeared for the United States, and CJA Panel Attorney Conner Robertson appeared for the defendant, who signed a Waiver of Right to Appear for Motions. The entry records the Judge saying there are ten counts of Motions to Dismiss for Lack of Venue and Robertson saying that a Count One to Dismiss will be withdrawn. It records that the Judge took the matter under advisement and will get an Opinion out soon.

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Record facts

Full text

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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