Order (Guilty Plea Accepted) - United States v. Damisha Brown

Record facts

U.S. District Court, Southern District of West Virginia (Charleston) · No. 2:24-cr-00192 · Doc. 241 · 2025-06-05 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 
 
 
CHARLESTON DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
 
 
 
 
CRIMINAL ACTION NO. 2:24-cr-00192-06 
 
DAMISHA BROWN, 
 
Defendant. 
 
 
 
ORDER 
 
 
On the 5th day of June 2025, came the Defendant, Damisha Brown, in person and by 
counsel, Clayton T. Harkins, and also came the United States by Jonathan T. Storage, AUSA, and 
Jennifer D. Gordon, AUSA, for the purpose of the Defendant’s entry of a plea of guilty to Count 
One of the Superseding Indictment filed against her. 
The Court inquired of the Defendant, both personally and through counsel, to determine 
the Defendant's competency.  The Court found the Defendant competent and capable of entering 
an informed plea. 
Mr. Storage summarized and offered for the Court's consideration the entirety of the written 
plea agreement in this case signed by both the Defendant and her counsel.  The Court reserved 
acceptance of the plea agreement until sentencing but ordered the original plea agreement filed 
with the Clerk. 
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The Defendant waived the reading of the Superseding Indictment.  The Court inquired as 
to the Defendant's plea.  The Defendant then pled guilty to Count One of the Superseding 
Indictment. 
The Court read the pertinent portions of 18 U.S.C. § 1344 and 1349 and explained the 
elements that the United States would have had to prove had this matter gone to trial.  After 
hearing and considering the Defendant's explanation of why she considered herself guilty and the 
proffer of the United States, and having considered the parties’ Stipulation, the Court found that 
there was a sufficient factual basis for the Defendant's plea of guilty. 
The Court further informed the Defendant, pursuant to the requirements of Fed. R. Crim. 
P. 11(c)(1), about the nature of the charge and the consequences of pleading guilty to the charge.  
After thoroughly explaining these issues and hearing and considering the Defendant's responses to 
the Court's questions, the Court found that the Defendant understood the nature of the charge and 
the consequences of pleading guilty. 
The Court also informed the Defendant, pursuant to the requirements of Fed. R. Crim. P. 
11(c)(3), (c)(4), of the constitutional and other legal rights the Defendant was giving up by 
pleading guilty.  After thoroughly explaining these issues and hearing and considering the 
Defendant's responses to the Court's questions, the Court found that the Defendant understood her 
constitutional and other legal rights. 
The Court then inquired of the Defendant, pursuant to the requirements of Fed. R. Crim. 
P. 11(d), to insure that the Defendant's plea was voluntary.  After hearing and considering the 
Defendant's responses to the Court's questions, the Court found that the Defendant's plea was 
voluntary. 
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The Defendant executed a written plea of guilty which was witnessed by [his/her] counsel 
and ordered filed by the Court.  The Court accepted the Defendant's plea.  Accordingly, the Court 
ADJUDGES the Defendant, Damisha Brown, guilty, and the Defendant now stands convicted of 
violating 18 U.S.C. § 1344 and 1349.  The Court ORDERS that the previously scheduled trial 
date in this matter is VACATED as to this Defendant. 
The Court ORDERS that the Probation Office prepare and forward a draft presentence 
report to the United States and counsel for the Defendant no later than July 24, 2025; that the 
United States Attorney and counsel for the Defendant file objections to the draft presentence report 
with the Probation Office no later than August 7, 2025; that the Probation Office submit a final 
presentence report to the Court no later than August 21, 2025; and that the United States and 
counsel for the Defendant file a sentencing memorandum no later than August 28, 2025.  THE 
AFORESAID PRESENTENCE REPORT DEADLINES HAVE BEEN ESTABLISHED BY 
THE COURT AND MAY BE ALTERED ONLY BY THE COURT.  REQUESTS TO 
EXTEND ANY DEADLINE SHALL BE SUBMITTED TO THE COURT IN WRITING IN 
ADVANCE OF THE ESTABLISHED DEADLINE.  SUCH DEADLINES WILL BE 
EXTENDED ONLY UPON GOOD CAUSE SHOWN. 
Pursuant to United States v. Booker, 543 U.S. 220 (2005) and United States v. Hughes, 
401 F.3d 540 (4th Cir. 2005), the United States and the Defendant are hereby ORDERED to file 
a Sentencing Memorandum addressing the sentencing factors set forth in 18 U.S.C. § 3553(a) as 
may pertain to this case.  The Sentencing Memorandum may also address such other matters not 
previously addressed in the form of motions or objections to the Presentence Report and may 
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include argument as to the appropriate sentence to be imposed.  Sentencing Memoranda shall be 
no more than five (5) pages in length. 
The Court ORDERS that final disposition of this matter be scheduled for October 2, 2025, 
at 10:00 a.m., and that the Defendant be released upon the previously executed $10,000 personal 
recognizance bond, subject to the conditions set forth in the Order Setting Conditions of Release 
previously filed herein.  In addition, the Court ORDERS the Defendant to comply with the 
following special condition of release: The Defendant shall appear for sentencing on October 2, 
2025, at 10:00 a.m. 
The Court DIRECTS the Clerk to send a copy of this Order to the Defendant and counsel, 
to the United States Attorney, to the United States Probation Office, and to the Office of the United 
States Marshal. 
ENTER: 
June 5, 2025 
 
 
 
 
Case 2:24-cr-00192     Document 241     Filed 06/05/25     Page 4 of 4 PageID #: 1243

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