Government's Sentencing Memorandum — United States v. Mandy Ellen Bauer (W.D. Ky. No. 1:22-cr-00004)

Summary

The United States Sentencing Memorandum in United States of America v. Mandy Ellen Bauer, Criminal No. 1:22-CR-4-GNS, U.S. District Court for the Western District of Kentucky at Bowling Green, filed May 13, 2022 as Document 22. Under paragraph 10 of the plea agreement, the government asks for a sentence at the low end of the guideline range: 27 months of imprisonment, 3 years of supervised release and a fine of $7,500. It states that the defendant filed multiple fraudulent applications for PPP and EIDL loans seeking over $230,000, and that the applications were unsuccessful. The memorandum bears the name of Assistant U.S. Attorney David Weiser.

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UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF KENTUCKY 
AT BOWLING GREEN 
 
UNITED STATES OF AMERICA 
PLAINTIFF 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
v. 
 
 
 
 
 
 
CRIMINAL NO.  
1:22-CR-4-GNS 
 
 
 
 
 
 
 
 
Filed Electronically 
 
MANDY ELLEN BAUER 
DEFENDANT 
 
UNITED STATES SENTENCING MEMORANDUM 
 
 
Pursuant to paragraph 10 of the plea agreement (DN 12), the United States requests that 
the defendant be sentenced to the low end of the applicable Sentencing Guideline range, 27 
months of imprisonment, followed by 3 years of supervised release, with a fine of $7,500.   
 
The Covid-19 pandemic began in early 2020, causing immeasurable damage to the world 
economy.  That damage was felt acutely in the United States.  Schools, houses of worship, and 
businesses were forced to close their doors, sporting events and concerts were canceled, travel 
came to a standstill, there were shortages of food and consumer goods, and millions of 
Americans faced the loss of their livelihoods, on top of their fear of contracting a potentially 
deadly new illness.  
 
In March 2020, the CARES Act was signed into law.  Amongst other things, the CARES 
Act provided billions of dollars in funding to keep American business in operation, and to keep 
employees on the payroll.  These funds took several forms, like Payroll Protection Program 
(PPP) loans and Economic Injury Disaster Loans (EIDL).   
 
Mandy Bauer is a convicted felon with a lengthy criminal history, and she was apparently 
unconcerned about the desperate circumstances these limited funds were meant to address, 
because she decided to try to steal money from these PPP and EIDL programs for her own 
Case 1:22-cr-00004-GNS     Document 22     Filed 05/13/22     Page 1 of 3 PageID #: 141

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personal use and enjoyment.  She filed multiple fraudulent applications for various loans, 
seeking over $230,000 in free money.  That crime must be punished appropriately.  
 
27 months of imprisonment is sufficient but not greater than necessary to reflect the 
seriousness of Bauer’s offense, and to provide just punishment.  18 U.S.C. § 3353(a) and 
(a)(2)(A).   A 27-month sentence will also promote respect for the law, particularly given that 
Bauer’s fraudulent applications were unsuccessful, and she never reaped any financial reward 
from her criminal activity.   Id.  A 27-month sentence will also afford adequate deterrence, 
protect the public from Bauer’s further crimes, and will avoid unwarranted sentencing disparities 
with similarly situated defendants.  18 U.S.C. § 3553(a)(2)(B) and (C), and (a)(6).   Finally, the 
27-month sentence recommended by the Sentencing Guidelines and the United States recognizes 
the nature of Bauer’s offenses, and her criminal history and characteristics.  18 U.S.C.                 
§ 3553(a)(1).   
 
Accordingly, the United States requests that the court sentence Bauer to 27 months of 
imprisonment, followed by 3 years of supervised release, and a fine of $7,500.   
 
  
Respectfully submitted,  
MICHAEL A. BENNETT  
United States Attorney  
  
 
 
 
 
 
 
 
 
 
 
 
 
David Weiser  
 
 
 
 
 
 
David Weiser                    
Assistant United States Attorney  
717 West Broadway  
Louisville, Kentucky 40202  
(502) 625-7068  
david.weiser@usdoj.gov   
    
 
 
 
 
Case 1:22-cr-00004-GNS     Document 22     Filed 05/13/22     Page 2 of 3 PageID #: 142

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Certificate of Service 
  
I hereby certify that a copy of the foregoing was sent by electronic transmission through 
the Court=s ECF system to defense counsel on May 13, 2022.  
 
 
  
David Weiser                      
David Weiser 
Assistant United States Attorney  
 
Case 1:22-cr-00004-GNS     Document 22     Filed 05/13/22     Page 3 of 3 PageID #: 143

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