Motion by United States of America for Entry — United States v. Sutton et al. (Dkt. 421, S.D. W. Va.)

Record facts

U.S. District Court for the Southern District of West Virginia · No. 2:24-cr-00192 · Doc. 421 · 2025-12-04 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT  
 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
CRIMINAL NO. 2:24-CR-00192-1 
 
 
KISHA SUTTON 
 
 
GOVERNMENT’S MOTION FOR ENTRY 
OF A PRELIMINARY ORDER OF FORFEITURE 
 
Comes now the United States of America, by Jonathan T. 
Storage, Assistant United States Attorney for the Southern 
District of West Virginia, and respectfully submits its motion for 
the entry of a Preliminary Order of Forfeiture as to defendant 
KISHA SUTTON. In support of its motion, the government states the 
following:  
1. 
The Second Superseding Indictment (ECF No. 245) provided 
the defendant with the requisite notice of forfeiture, pursuant to 
Rule 32.2 of the Federal Rules of Criminal Procedure.  
2. 
The notice stated that the government would seek a 
forfeiture judgment order in the amount of at least $3,000. ECF 
No. 245 at 6. 
3. 
Following a jury trial, the defendant was convicted of 
the offenses alleged in the Second Superseding Indictment.   
Case 2:24-cr-00192     Document 421     Filed 12/04/25     Page 1 of 3 PageID #: 2777

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4. 
On July 25, 2025, Assistant U.S. Attorney Justin A. 
Marlowe filed a proposed Preliminary Order of Forfeiture as to 
defendant KISHA SUTTON. ECF No. 344. 
5. 
As of this writing, the Court has not signed and entered 
the Preliminary Order of Forfeiture.  
6. 
Defendant KISHA SUTTON is scheduled to be sentenced on 
December 11, 2025.  
7. 
Unless doing so is impractical, the applicable rule 
directs that the Court should enter the Preliminary Order of 
Forfeiture before sentencing. Fed. R. Crim. P. 32.2(b)(2)(B). 
8. 
The government requests that the Court enter a 
Preliminary Order of Forfeiture prior to the December 11, 2025, 
sentencing hearing.  
For the reasons stated herein, the government respectfully 
moves for the entry of a Preliminary Order of Forfeiture for a 
money judgment in the amount of $3,000 as to defendant KISHA 
SUTTON. 
                              Respectfully submitted, 
                                                        
                              MOORE CAPITO 
                              United States Attorney 
 
 
 
 
 
 
By: 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Case 2:24-cr-00192     Document 421     Filed 12/04/25     Page 2 of 3 PageID #: 2778

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Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov  
 
 
CERTIFICATE OF SERVICE 
 
It is hereby certified that the foregoing “GOVERNMENT’S 
MOTION FOR ENTRY OF A PRELIMINARY ORDER OF FORFEITURE” has been 
electronically filed and service has been made on opposing counsel 
by virtue of electronic mail this the 4th day of December, 2025, 
to: 
 
Connor D. Robertson, Esq. 
2702 Main Street 
Hurricane, WV 25526 
Email: cdr@croblaw.com 
 
 
 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov  
 
 
 
 
 
Case 2:24-cr-00192     Document 421     Filed 12/04/25     Page 3 of 3 PageID #: 2779

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