Defendant's Sentencing Memorandum — United States v. Rogers

Record facts

U.S. District Court, Middle District of Florida (Jacksonville Division) · No. 3:24-cr-00190-WWB-SJH · Doc. 60 · 2025-10-29 · Docket on CourtListener

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA 
   Jacksonville Division 
UNITED STATES OF AMERICA 
v.
   Docket No: 3:24-cr-190 WWB-SJH 
Carnisha M. Rogers 
DEFENDANT’S SENTENCING MEMORANDUM 
I. INTRODUCTION
The Defendant, Carnisha M. Rogers, respectfully submits this memorandum to assist the Court 
in fashioning a sentence that is “sufficient, but not greater than necessary” under 18 U.S.C. § 
3553(a). This memorandum highlights her history of trauma, untreated mental illness, and her 
rehabilitative progress since arrest. 
II. PERSONAL HISTORY AND CHARACTERISTICS (18 U.S.C. § 3553(a)(1))
•
Early Trauma: At age 15, Carnisha was sexually assaulted, a formative trauma that
shaped her psychological development.
•
Mental Health: Diagnosed with bipolar disorder only after her arrest, she required three
months of stabilization before she could meaningfully assist in her defense.
•
Criminal History: Following her release from Florida State Prison in 2017, she
remained offense-free for several years, demonstrating her capacity for lawful conduct
when supported.
•
Rehabilitation: Post-arrest, Carnisha has engaged in mental health treatment, stabilized
her condition, and shown remorse and insight.
III. NATURE AND CIRCUMSTANCES OF THE OFFENSE
While serious, the offense occurred during a period of untreated mental illness. Carnisha’s role 
was non-violent, and there is no evidence of physical harm. Her conduct stemmed from impaired 
judgment rather than greed or malice. 
IV. MENTAL HEALTH AS A MITIGATING FACTOR
Under U.S.S.G. §§ 5K2.13 and 5H1.3, the Court may consider diminished capacity and mental/
emotional conditions. Carnisha’s psychiatric evaluation and history as captured in the PSR  
supports mitigation based on her mental health history and current treatment. 
V. REQUEST FOR VARIANCE OR DOWNWARD DEPARTURE
A downward variance or departure is warranted due to: 
Case 3:24-cr-00190-WWB-SJH     Document 60     Filed 10/29/25     Page 1 of 2 PageID 273

•
Her history of trauma and mental illness
•
Her post-arrest rehabilitation
•
Her non-violent conduct and acceptance of responsibility
A sentence incorporating continued mental health treatment and supervision would promote 
deterrence, protect the public, and support rehabilitation. 
VI. REQUEST FOR FEDERAL-STATE CONCURRENT SENTENCING UNDER 18
U.S.C. § 3584(a)
Carnisha faces a pending state charge in Florida for Organized Scheme to Defraud, a second-
degree felony under Fla. Stat. § 817.034(4)(a)2. Considering this: 
•
The Court has discretion under 18 U.S.C. § 3584(a) to impose a sentence concurrent with
anticipated state custody.
•
Concurrent sentencing would avoid duplicative punishment and promote judicial
economy.
•
Given the shared factual context and rehabilitative needs, concurrent sentencing would
serve the interests of justice and proportionality.
VII. CONCLUSION
Carnisha is not the sum of her worst decisions. She is a survivor, has stabilized, is 
remorseful, and committed to change. A sentence that reflects compassion, accountability, 
and concurrent consideration of her pending state matter will best serve justice. 
Respectfully Submitted, 
Law Offices of Robert Calvin Rivers 
Urban League Building, Suite 101-103 
903 West Union Street 
Jacksonville, Florida 32204 
FBN: 0637210 
Email: rriverslaw@yahoo.com 
Tel: 904.723.4043 
       CERTIFICATE OF SERVICE 
I HERBY CERTIFY that on the 29th day of October 2025, a true copy of the foregoing 
document was served electronically upon AUSA Kevin Frein at the Office of the United 
States Attorney. 
________________________________           
      Robert  Calvin  Rivers
_______________________________
Case 3:24-cr-00190-WWB-SJH     Document 60     Filed 10/29/25     Page 2 of 2 PageID 274

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