Government's Sentencing Memorandum — United States v. Krista Marie Menchaca (S.D. W. Va.)

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U.S. District Court, Southern District of West Virginia · No. 2:25-cr-00068 · Doc. 19 · 2025-08-08 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON 
 
 
UNITED STATES OF AMERICA 
 
 
v. 
 
 
 
 
 
 
CRIMINAL NO. 2:25-CR-00068 
 
 
KRISTA MARIE MENCHACA 
 
 
GOVERNMENT’S SENTENCING MEMORANDUM 
 
Comes now the United States of America, by Jonathan T. 
Storage, Assistant United States Attorney for the Southern 
District of West Virginia and submits this Sentencing Memorandum 
in aid of sentencing.  
I. 
SENTENCING FACTORS 
 
The United States offers the following analysis relating to 
the application of the sentencing factors enumerated in 18 U.S.C. 
§ 3553(a). As discussed below, the government requests that the 
Court impose a sentence of probation.  
A. History and Characteristics of the Offender 
The defendant is 32 years old and was born in Michigan. Her 
parents have been divorced for approximately 30 years: her father 
lives in Florida, and her mother lives in Poca, West Virginia. 
The defendant did not suffer from abuse or neglect during 
childhood.  
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The defendant has two children from prior relationships, and 
the children’s ages are 3 & 8. The defendant is currently expecting 
another child with her current boyfriend.  
The defendant is healthy and has no history of health 
problems.  
The defendant has been a habitual, daily smoker of marijuana 
since she was 22.  
The defendant graduated from Capital High School in 
Charleston, West Virginia. She has obtained certification for 
cardiopulmonary 
resuscitation 
and 
is 
a 
certified 
nursing 
assistant. The defendant has paused her studies at Bridgevalley 
Community and Technical College because of her pregnancy, but she 
plans to resume. The defendant’s goal is to work in a hospital.  
B. Nature and Circumstances of the Offense 
 
In May 2021, a fraudulent Paycheck Protection Program (“PPP”) 
loan application was submitted on the defendant’s behalf. The PPP 
loan was approved, and on July 2, 2021, the defendant received a 
bank deposit of $19,395 from the PPP lender, which was located in 
Arizona. At the time the defendant received the fraudulent loan 
proceeds, she lived in Michigan.  
On or about July 8, 2021, the defendant moved to Dunbar, 
Kanawha County, West Virginia, where she accessed the fraudulent 
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loan proceeds in her bank account and spent more than $5,000 of 
the loan proceeds on personal expenses.  
C. Seriousness 
of 
Offense, 
Deterrence, 
and 
Community 
Protection 
 
The defendant participated in a scheme to defraud the United 
States during a national health emergency. She knowingly received 
proceeds from a loan program she knew she was not eligible to 
participate in. The crime is a serious one, and a sentence should 
be imposed that will sufficiently deter the defendant and others 
from engaging in future similar conduct.  
The defendant’s history demonstrates that the offense of 
conviction was a one-off occurrence. Nothing in the record suggests 
that the defendant has a risk of repeating her offense conduct. 
Additionally, nothing in the record suggests that the defendant is 
a danger to the community. The government submits that a 
probationary sentence is in line with how the Court has handled 
similarly situated defendants, and the government further submits 
that a probationary sentence meets the objectives of sentencings, 
as enumerated in 18 U.S.C. § 3553(a).  
D. Sentencing Options  
The applicable Guidelines range for this case is 0-6 months 
of imprisonment (Zone A of the Sentencing Table). Considering the 
appropriate sentencing factors in this case, the government 
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respectfully requests that the Court impose a probationary 
sentence. 
II. 
CONCLUSION  
 
The government submits that a sentence of probation would be 
sufficient but not greater than necessary to meet the purposes of 
sentencing. 
 
Respectfully submitted, 
 
LISA G. JOHNSTON 
Acting United States Attorney 
 
 
 
 
 
By: 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov  
 
 
 
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CERTIFICATE OF SERVICE 
 
It is hereby certified that the foregoing “GOVERNMENT’S 
SENTENCING MEMORANDUM” has been electronically filed and service 
has been made on opposing counsel by virtue of electronic mail 
this the 8th day of August, 2025, to: 
 
Emily L. Szopinski, Esq. 
Office of the Federal Public Defender 
300 Virginia Street, East, Suite 3400 
Charleston, West Virginia 25301 
E-mail: emily_szopinski@fd.org 
 
 
 
 
s/Jonathan T. Storage            
JONATHAN T. STORAGE 
Assistant United States Attorney 
WV State Bar No. 12279 
300 Virginia Street, East 
Room 4000 
Charleston, WV 25301 
Telephone: 304-345-2200 
Fax: 304-347-5104 
E-mail: Jonathan.Storage@usdoj.gov  
 
 
Case 2:25-cr-00068     Document 19     Filed 08/08/25     Page 5 of 5 PageID #: 49

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