Criminal Minutes – Sentencing — No. 5:22-cr-00100 (Dkt. 129, E.D. Ky.)

Summary

Criminal minutes of the sentencing of Kelly Harris on July 1, 2024 in Case No. 5:22-cr-100-REW-MAS-1, in the U.S. District Court for the Eastern District of Kentucky, Central Division at Lexington, filed as Doc #: 129. The minutes record that the court confirmed the parties had received the presentence investigation report, adopted it as its findings including the Guidelines calculations, and ordered it filed under seal. They record a restitution judgment of $110,785.42, the full loss amount attributable to Harris, and that the court heard counsel's arguments and the defendant's allocution before imposing sentence and remanding her to the custody of the United States Marshal Service.

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Case: 5:22-cr-00100-REW-MAS Doc #: 129 Filed: 07/01/24 Page: 1 of 2 - Page ID#: 778
                                         UNITED STATES DISTRICT COURT
                                        EASTERN DISTRICT OF KENTUCKY
                                        CENTRAL DIVISION AT LEXINGTON
                                        CRIMINAL MINUTES – SENTENCING

Case No. 5:22-cr-100-REW-MAS-1                   At Lexington                    Date July 1, 2024


USA vs. Kelly Harris                         X     present    X custody            bond            OR       Age 56

DOCKET ENTRY: The parties appeared as noted. United States Probation Officer Brittany Cardin was also present. The
Court confirmed that all parties had received the Presentence Investigation Report (PIR). After Defendant indicated that
she had not fully reviewed the PIR, the Court took a brief (30 minute) recess to allow Defendant to further discuss the
PIR with her counsel. Following the recess, Defendant orally confirmed that she had ample time to thoroughly review the
report and was ready to proceed with today’s sentencing. She had previously confirmed receipt of the PIR and conferral
with counsel, but the Court assured additional time and access to solidify her readiness; she expressed that she was ready.
Her lawyer also confirmed PIR receipt, review, and readiness for himself and counsel.

The Court heard arguments concerning Defendant’s three unresolved objections to the PIR: 1) the loss amount
enhancement pursuant to U.S.S.G. § 2B1.1(b)(1)(G) (PIR ¶ 41); 2) the two-point enhancement for obstruction of justice
pursuant to U.S.S.G. § 3C1.1 (id. ¶ 45), and 3) the two-point enhancement for the involvement of sophisticated means
pursuant to U.S.S.G. § 2B1.1(b)(10)(C) (id. ¶ 42). The United States also submitted one exhibit in support of its argument
on the obstruction enhancement. The Court FINDS that the enhancements are properly applied and OVERRULES
Defendant’s objections for the reasons fully articulated on the record and as the transcript will reflect.

The Court ADOPTS the PIR prepared by the United States Probation Office as its findings, including Guidelines
calculations. The PIR shall be filed under seal.

The Court noted forfeitability of the property identified in the Indictment’s forfeiture allegation (DE 1) and the preliminary
order of forfeiture (DE 119). The Court finds that Defendant has an interest in such property, per the record, and given
the lack of objection, the Court’s preliminary forfeiture adjudication is now final per Rule 32.2. The Judgment will reflect
forfeiture. Further, the restitution judgment is the full loss amount, attributable to Kelly Harris, of $110,785.42. She will
have responsibility for that full figure.

The Court heard counsel’s arguments as to the proper sentence, and Defendant allocuted. The Court DENIES Defendant’s
oral motion for downward variance for the reasons fully described on the record. The Court orally announced the sentence
and will issue a separate Judgment. The Court then addressed Defendant’s oral motion for a self-report date. As the record
will reflect, the Court DENIES the oral motion. Defendant did not meet the standards of 18 U.S.C. § 3143(b)(1)(B).
Counsel made no alternative argument. The Court remanded Defendant to the custody of the U.S. Marshal.

PRESENT: HON. ROBERT E. WIER, UNITED STATES DISTRICT JUDGE


                   Kimberly Marsh                     Lauren Gootee                       Kate K. Smith
                    Deputy Clerk                      Court Reporter                  Assistant U.S. Attorney


Counsel for Defendant            Ned Pillersdorf              X present         X retained                appointed


PROCEEDINGS: SENTENCING (Evidentiary)

  X       Objections to Presentence Report are OVERRULED as the transcript will reflect.

          No objections to Presentence Report.

     Case: 5:22-cr-00100-REW-MAS Doc #: 129 Filed: 07/01/24 Page: 2 of 2 - Page ID#: 779
         The Court Reporter shall transcribe the proceeding of the hearing on the Objections to the Presentence Report
         and file in the record.

 X       Court’s Advice of Right to Appeal read, a copy provided to Defendant, and she confirmed understanding.

 X       Transcript shall be deemed as written findings of Court.

 X       Judgment shall be entered (See Judgment & Commitment.)

         Defendant to remain on bond and on conditions of release.

 X       Defendant remanded to the custody of the United States Marshal Service.

Copies: COR, USP, USM

Initials of Deputy Clerk km
TIC: 2 hr./27 min.

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