Court filing
Government's Sentencing Memorandum — United States v. Mandy Ellen Bauer (W.D. Ky. No. 1:22-cr-00004)
Filed May 13, 2022 in U.S. v. Bauer; one of 13 filings from this case.
Record facts
| Court | U.S. District Court for the Western District of Kentucky |
|---|---|
| Filed | 2022-05-13 |
U.S. District Court for the Western District of Kentucky · No. 1:22-cr-00004-GNS · Doc. 22 · 2022-05-13 · Docket on CourtListener
Full text
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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 #: 143File and source
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