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

Record facts

U.S. District Court for the Western District of Kentucky · No. 1:22-cr-00004-GNS · Doc. 21 · 2022-05-13 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT 
WESTERN DISTRICT OF KENTUCKY 
BOWLING GREEN DIVISION 
CRIMINAL ACTION NO.: 1:22-CR-00004-GNS 
 
UNITED STATES OF AMERICA  
 
 
 
 
 
PLAINTIFF 
v. 
DEFENDANT’S SENTENCING MEMORADUM 
 
ELECTRONICALLY FILED 
MANDY ELLEN BAUER  
 
 
 
 
 
           DEFENDANT 
* * * * * * * * * * 
 
FACTS OF THE INSTANT CASE 
 
The Defendant, Mandy Ellen Bauer, waived Grand Jury Indictment and entered a plea to 
counts 1-9 of the wire fraud information.  Each count involved filing a false application to a 
program whose purpose was to obtain Covid relief for businesses.  Each application was turned 
down and the actual loss was $-0-.  At the time the applications were made, Mandy Bauer 
operated a business, Family Personal Services, that bought used furniture then refurbished and 
sold it.  She operated this business from 2014 until she was charged in this case. 
18 U.S.C. §3553A FACTORS 
 
In order for the Court to mete a sentence under 18 U.S.C. §3553A that is sufficient but 
not greater than necessary to meet the goals of the Sentencing Reform Act the following should 
be considered. 
HISTORY AND CHARACTERISTICS OF THE DEFENDANT 
 
Ms. Bauer is 41 years old.   She graduated from Adair County High School in 1998 and 
received her Associate Degree online at Colorado Technical University in 2019.  She has 
Case 1:22-cr-00004-GNS     Document 21     Filed 05/13/22     Page 1 of 3 PageID #: 131

2 
 
experience in construction and painting.  She currently does painting for a contractor but 
qualifies for food stamps.  She has been diagnosed with anxiety and Post Traumatic Stress 
Disorder (“PTSD”) after an abusive relationship with a boyfriend who broke both her hands and 
her nose.  She also suffers from high blood pressure, arthritis and osteoporosis.  Mandy has been 
married twice and is currently in a relationship with James McKinney with whom she has a 6 
year old child.  She also has two daughters, Keri Chaudoin age 22 and Joslyn Chaudoin age 20 
from a previous relationship.  Attached are letters from Keri Chaudoin and Joslyn Chaudon 
which complete the picture of Mandy Bauer. 
PRIOR CRIMINAL HISTORY 
 
Mandy has a checkered criminal history which under the guidelines places her in 
Category IV.  Her criminal history is in large part due to her drug dependency.  Her drug 
dependency and her life as a domestic violence victim go hand in hand. 
GUIDELINES ON THIS CASE 
 
¶42 adds 10 points to Mandy Bauer’s base level of 7 because the “intended” loss is more 
than $150,000.00.  The Defendant requests that the Court consider the fact that the total loss was 
$-0-.   
¶48 and ¶49 call for a 3 point reduction because of acceptance of responsibility.  The 
Defendant waived Grand Jury Indictment in part show that she accepted responsibility for her 
actions. 
REQUESTED SENTENCE 
 
The Defendant requests a non-custodial sentence.  She has a job as a painter.  She has 
agreed to pay what for her is an astronomical fine of $7,500.00.  She is not capable of paying that 
Case 1:22-cr-00004-GNS     Document 21     Filed 05/13/22     Page 2 of 3 PageID #: 132

3 
 
in one lump sum, but she will pay it over time.  The United States has agreed in the plea 
agreement to allow her to seek a non-guideline sentence. 
 
Her daughters letters give a good picture of her true history and characteristics.  A non-
guideline non-custodial sentence with a $7,500.00 fine will be sufficient but not greater than 
necessary to meet the ends of justice. 
Respectfully submitted, 
 
 
 
 
 
 
 
s/ William M. Butler, Jr. 
 
 
 
 
 
 
WILLIAM M. BUTLER, JR. 
 
 
 
 
 
 
500 West Jefferson Street Ste. 1520 
 
 
 
 
 
 
Louisville, Kentucky 40202 
 
 
 
 
 
 
Telephone: (502) 582-2020 
 
 
 
 
 
 
Facsimile:  (502) 583-8007 
 
 
 
 
 
 
Email: wmb@kycriminallawyer.com   
 
 
 
 
 
 
Counsel for Defendant 
 
 
 
 
 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that on May 13, 2022 I electronically filed the attached document through 
the ECF System which will send a copy to the Honorable David R. Weiser, Assistant United 
States Attorney. 
 
    
 
 
 
 
 
s/ William M. Butler, Jr. 
 
 
 
 
 
 
William M. Butler, Jr. 
 
Case 1:22-cr-00004-GNS     Document 21     Filed 05/13/22     Page 3 of 3 PageID #: 133

File and source

File

gov.uscourts.kywd.124235.21.0.pdf

Size

115,407 bytes

SHA-256

18a1afc5c4b0c134ca24c6999c45525635cdce9c9b11a7cd204be427efe8597a

Our copy

gov.uscourts.kywd.124235.21.0.pdf

Original

PACER (login required)