Felicia Jackson-Stanley's Sentencing Memorandum — United States v. Felicia Stanley

Record facts

U.S. District Court, Northern District of Florida, Tallahassee Division · No. 4:22-cr-00032-MW-MAF · Doc. 72 · 2023-05-01 · Docket on CourtListener

Full text

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IN THE UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF FLORIDA 
TALLAHASSEE DIVISION 
 
 
UNITED STATES OF AMERICA, 
 
 
vs. 
 
 
 
 
 
     
 
CASE NO.:  4:22-cr-00032-MW 
 
 
 
 
 
 
       
 
             
 
FELICIA JACKSON STANLEY and 
WILBERT JEAN STANLEY, III,  
 
 
 
 
 
 
 
Defendant. 
______________________________/ 
    
 
FELICIA JACKSON-STANLEY’S SENTENCING MEMORANDUM 
 
 
COMES NOW the Defendant, Felicia Jackson-Stanley, by and through the undersigned 
counsel and submits this Sentencing Memorandum and would state as follows: 
1) In United States v. Talley, 431 F.3d 784 (11th Cir. 2005), the Eleventh Circuit adopted 
a two-step procedure that district courts should follow in imposing sentences after 
United States v. Booker, 543 U.S. 220, 125 S. Ct. 738, 160 L. Ed. 2d 621 (2005).  
First, the district court must consult the Guidelines and correctly calculate the range 
provided by the Guidelines. Talley, 431 F.3d at 786 (citation omitted).  Second, the 
district court must consider several factors to determine a reasonable sentence: (1) the 
nature and circumstances of the offense and the history and characteristics of the 
defendant; (2) the need to reflect the seriousness of the offense, to promote respect for 
the law, and to provide just punishment for the offense; (3) the need for deterrence; 
(4) the need to protect the public; (5) the need to provide the defendant with needed 
educational or vocational training or medical care; (6) the kinds of sentences 
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available; (7) the Sentencing Guidelines range; (8) pertinent policy statements of the 
Sentencing Commission; (9) the need to avoid unwanted sentencing disparities; and 
(10) the need to provide restitution to victims. Id.  See also 18 U.S.C. § 3553(a). 
2) Booker rendered the Sentencing Guidelines advisory, 543 U.S., at 245, 125 S. Ct. 
738, 160 L. Ed. 2d 621, and it preserved a key role for the Sentencing Commission.  
Kimbrough v. United States, 552 U.S. ___, 128 S. Ct. 558, 169 L. Ed. 2d 481 (2007).  
The Commission's recommendation of a sentencing range will "reflect a rough 
approximation of sentences that might achieve § 3553(a)'s objectives." Id. quoting 
Rita v. United States, 551 U.S. ___, 127 S.Ct. 2456, 168 L. Ed. 2d 203.  The 
sentencing judge, on the other hand, is "in a superior position to find facts and judge 
their import under § 3553(a) in each particular case." Id. quoting Gall v. United 
States, ante at ____, 128 S. Ct. 586, 169 L. Ed. 2d, at 458 (internal quotation marks 
omitted).  A district court's decision to vary from the advisory Guidelines may attract 
greatest respect when the sentencing judge finds a particular case "outside the 
'heartland' to which the Commission intends individual Guidelines to apply.”   Id. 
quoting Rita v. United States, 551 U.S.at ___, 127 S.Ct. 2456, 168 L. Ed. 2d 210. 
3) Ms. Jackson-Stanley does not have “objections” to the Presentence Report (PSR) and 
Addendum to the Presentence Report.  The matters Ms. Jackson-Stanley desires to 
bring to the Court’s attention are several-fold.  They are: 
a. Early cooperation – It is of some consequence that Ms. Jackson-Stanley 
cooperated with the government’s investigation from an early point.  The 
Stanley’s residence had been searched pursuant to warrant and through 
counsel they (Ms. Jackson-Stanley as well as her husband) set a time to meet 
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and answer any questions from the government.  Her cooperation was prior to 
the filing of a charging document.  Ms. Jackson-Stanley was candid and 
forthright about her involvement in the conduct at issue.  Her cooperation 
likely aided in the resolution of aspects of the investigation, and it may have 
aided the government in making decisions not to charge individuals.  It is 
unknown if the government has filed charges against others where Ms. 
Jackson-Stanley’s cooperation was of benefit.1  
b.  Ms. Jackson-Stanley’s Role in the Conspiracy – The government’s 
identification that Ms. Jackson-Stanley played a minor role as reflected in ¶42 
Presentence Investigation Report is correct.  She was candid with her 
acknowledgment to law enforcement during her debriefing.  In that 
environment, she set forth that things did not start with bad intentions.  She 
learned about the loans and loan process from her husband, Mr. Stanley.  They 
both gained education via YouTube instructional videos.  Ms. Jackson-Stanley 
realized the criminality of her conduct as things progressed.  She withdrew 
from the majority, if not all, of the conduct because she realized the conduct to 
be wrong.  There are circumstances where applications that she began and 
discontinued were amended or changed by Mr. Stanley. 
c. The Stanley’s Daughter – The Stanley’s daughter Giani is 10 years of age.  
Ms. Jackson-Stanley has become significantly involved in advocating for their 
 
1 So not to overstate Ms. Jackson-Stanley’s cooperation, individuals identified as possible participants in the same or 
similar conduct were aided by the Stanleys.  In other words, “John Doe” in North Carolina may have been an 
acquaintance of the Stanleys and one or both helped “John Doe” to process his loan application.  “John Doe” may 
have received a financial benefit as a result.  Whether that has been or will be prosecuted is a matter left to the 
government’s discretion. 
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daughter.  She has recently been diagnosed as having Attention Deficit 
Hyperactivity Disorder (ADHD).  Ms. Jackson-Stanley has worked hard with 
the school system to establish a 504 plan for the child’s needs.  Giani has also 
been recently diagnosed as “pre-diabetic” and is taking prescription 
medication to address matters.  This circumstance has created a measurable 
re-alignment of dietary habits and efforts to focus on Giani’s wellbeing.  
d. Family and Physical Health – Ms. Jackson-Stanley has some physical and 
medical issues of her own, but her primary concern is for the health, safety 
and wellbeing of her immediate family.  She is the care provider for her 
elderly parents.  Her mother’s condition continues to deteriorate.  There is a 
family history of dementia and Ms. Stanley’s mother is thought to be in the 
initial stages requiring additional care and oversight. 
e. Ms. Jackson-Stanley’s Charitable Work and Leadership – Ms. Jackson-
Stanley’s work and dedication in Tallahassee’s black women’s business 
community is laudable.  She enjoys the dynamic of groups of business 
professionals sharing their entrepreneurial spirits.  The best way to describe 
Ms. Jackson-Stanley is that she is an advocate of and for the empowerment of 
women in business, and more specifically, black businesswomen.     
f. Home Confinement/Incarceration – First and foremost, the undersigned 
does not believe a prison sentence is necessary based on Ms. Jackson-
Stanley’s specific characteristics.  Home confinement is an appropriate 
restriction on liberty that would be appropriate. 
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In the event the Court elects to incarcerate one or both of the Stanleys, the 
undersigned requests the Court consider staggering any incarceration so their 
10 year old child is not without both parents. 
 
WHEREFORE, Ms. Stanley respectfully requests that the Court consider the matters 
mentioned above in fashioning a fair and just sentence not less and not greater than the ends of 
justice require.   
  
 
 
 
 
 
 
 
RESPECTFULLY SUBMITTED, 
 
 
 
 
 
 
 
 
/s/ ROBERT A. MORRIS 
 
 
 
 
 
 
 
______________________ 
 
 
 
 
 
 
 
ROBERT A. MORRIS, ESQUIRE 
 
 
 
 
 
 
 
Florida Bar No.: 0144680  
 
 
 
 
 
 
 
The Law Offices of Robert A. Morris, LLC  
 
 
 
 
 
 
 
911 East Park Avenue 
 
 
 
 
 
 
 
Tallahassee, Florida 32301 
 
 
 
 
 
 
 
(850) 792-1111 Facsimile (850) 792-1113 
 
 
 
 
 
 
 
ATTORNEY FOR DEFENDANT 
 
 
 
 
 
 
 
 
alex@ramlawyer.com  
 
 
 
 
 
 
 
efiling@ramlawyer.com  
 
 
 
 
 
 
 
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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that a copy of the foregoing has been furnished by Electronic Mail 
to:  justin.keen@usdoj.gov, Justin Keen, Assistant United States Attorney, United States 
Attorney's Office, 21 East Garden Street, Suite 400, Pensacola, FL 32502at on this 1st  day of May, 
2023.   
 
 
 
 
 
 
 
/s/ ROBERT A. MORRIS   
 
 
 
 
 
 
 
____________________ 
 
 
 
 
 
 
 
ROBERT A. MORRIS, ESQUIRE  
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