Judgment — United States v. Jessica Nutter

Record facts

U.S. District Court, Southern District of West Virginia · No. 2:24-cr-00081 · Doc. 30 · 2024-12-04 · Docket on CourtListener

Full text

Case 2:24-cr-00081 Document 30 Filed 12/04/24 Page 1 of 8 PagelD #: 82

AO 245B (Rev. 09/19) | Judgment in a Criminal Case

Sheet 1
UNITED STATES DISTRICT COURT
Southern District of West Virginia
UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE
V. )
JESSICA NUTTER Case Number: 2:24-cr-00081

, USM Number: 33018-5141

) Tim C. Carrico and John A. Carr

) Defendant’s Attorney
THE DEFENDANT:
vi pleaded guilty to count(s) the single-count Information
-] pleaded nolo contendere to count(s)

which was accepted by the court.
CJ] was found guilty on count(s)
after a plea of not guilty.
The defendant is adjudicated guilty of these offenses:
Title & Section Nature of Offense Offense Ended Count
18 U.S.C. § 2315 Receipt of Stolen Money 4/20/2021 One
The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to

the Sentencing Reform Act of 1984.
C1 The defendant has been found not guilty on count(s)
C] Count(s) [1 is  LJare dismissed on the motion of the United States.

__ Itis ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. Ifordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

11/21/2024

Date of Imposition of Judgment

L poke LP]

Signature of Judge

John T. Copenhaver, Jr., Sr. United States District Judge

Name and Title of Judge

December 4, 2024

Date
Case 2:24-cr-00081 Document 30 _ Filed 12/04/24 Page 2 of 8 PagelD #: 83

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4—Probation

Judgment—Page 2 __ of 8

DEFENDANT: JESSICA NUTTER
CASE NUMBER: 2:24-cr-00081
PROBATION

You are hereby sentenced to probation for a term of:

FIVE (5) YEARS.

MANDATORY CONDITIONS

You must not commit another federal, state or local crime.

You must not unlawfully possess a controlled substance.

You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of placement on
probation and at least two periodic drug tests thereafter, as determined by the court.

[] The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
substance abuse. (check if applicable)
4. WZ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
[] You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.)

as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you

reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
C1 You must participate in an approved program for domestic violence. (check if applicable)
@\ You must make restitution in accordance with 18 U.S.C. §§ 2248, 2259, 2264, 2327, 3663, 3663A, and 3664. (check if applicable)

You must pay the assessment imposed in accordance with 18 U.S.C. § 3013.

If this judgment imposes a fine, you must pay in accordance with the Schedule of Payments sheet of this judgment.

0. You must notify the court of any material change in your economic circumstances that might affect your ability to pay restitution,
fines, or special assessments.

wer

sso wen DN

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
Case 2:24-cr-00081 Document 30 Filed 12/04/24 Page 3 of 8 PagelD #: 84

AO 245B (Rey. 09/19) Judgment in a Criminal Case
Sheet 4A — Probation

Judgment—Page 3 of 8

DEFENDANT: JESSICA NUTTER
CASE NUMBER: 2:24-cr-00081

STANDARD CONDITIONS OF SUPERVISION

As part of your probation, you must comply with the following standard conditions of supervision. These conditions are imposed because
they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers
to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of the time
you were sentenced, unless the probation officer instructs you to report to a different probation office or within a different time frame.

2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.

3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the

court or the probation officer.

You must answer truthfully the questions asked by your probation officer.

You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living

arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying

the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72

hours of becoming aware of a change or expected change.

6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.

7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.

8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.

9. Ifyou are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.

10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).

11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.

12. Ifthe probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
person and confirm that you have notified the person about the risk.

13. You must follow the instructions of the probation officer related to the conditions of supervision.

we

U.S. Probation Office Use Only

A US. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature Date

Case 2:24-cr-00081 Document 30 Filed 12/04/24 Page 4of8 PagelD #: 85

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4C — Probation

Judgment—Page 4 of 8

DEFENDANT: JESSICA NUTTER
CASE NUMBER: 2:24-cr-00081

ADDITIONAL STANDARD CONDITIONS OF SUPERVISION

1. If the defendant is unemployed, the probation office may direct the defendant to register and remain active with
Workforce West Virginia.

2. Defendants shall submit to random urinalysis or any drug screening method whenever the same is deemed appropriate
by the probation officer and shall participate in a substance abuse program as directed by the probation officer.
Defendants shall not use any method or device to evade a drug screen.

3. As directed by the probation officer, the defendant will make co-payments for drug testing and drug treatment services
at rates determined by the probation officer in accordance with a court-approved schedule based on ability to pay and
availability of third-party payments.

4. A term of community service is imposed on every defendant on supervised release or probation. Fifty hours of
community service is imposed on every defendant for each year the defendant is on supervised release or probation. The
obligation for community service is waived if the defendant remains fully employed or actively seeks such employment
throughout the year.

5. The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon (i.e.,
anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person
such as nunchakus or tasers), and shall reside in a residence free from such items.

6. The defendant shall not purchase, possess, or consume any organic or synthetic intoxicants, including bath salts,
synthetic cannabinoids, or other designer stimulants.
Case 2:24-cr-00081 Document 30 Filed 12/04/24 Page 5 of 8 PagelD #: 86

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 4D — Probation

Judgment—Page 5 of 8

DEFENDANT: JESSICA NUTTER
CASE NUMBER: 2:24-cr-00081

SPECIAL CONDITIONS OF SUPERVISION

1. You must participate in a mental health treatment program and follow the rules and regulations of the program. The
probation officer, in consultation with the treatment provider, will supervise your participation in the program.

2. You must provide the probation officer with access to any requested financial information and authorize the release of
any financial information. The probation office may share financial information with the U.S. Attorney’s Office.

3. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer.

4. You shall apply all monies received from income tax refunds, lottery winnings, judgments, and any other anticipated or
unanticipated financial gains to any outstanding Court imposed monetary obligations.

5. The defendant shall cooperate with the IRS with regard to any civil audit of her personal and business taxes and shall
file all tax returns and amended tax returns as required.

6. You must make restitution in accordance with 18 U.S.C. § 3663 and 3663A or any other statute authorizing a sentence
of restitution.

7. You shall pay restitution in the amount of $25,830, payable immediately. To the extent restitution is not paid
immediately, any balance is to be paid through monthly installments of no less than $250 with the first installment to be
paid by January 1, 2025, and continuing on the first day of each month thereafter until the full amount has been paid.
Payments shall be paid to the Clerk of the Court at the following address: United States District Clerk’s Office, Robert C.
Byrd Federal Building, United States Courthouse, 300 Virginia Street East, Charleston, West Virginia, 25307.
Case 2:24-cr-00081 Document 30 Filed 12/04/24 Page 6 of 8 PagelD #: 87

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page 6 of 8

DEFENDANT: JESSICA NUTTER
CASE NUMBER: 2:24-cr-00081

CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ 25,830.00 $ $ $
[1 The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be

entered after such determination.
C1 The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(4), all nonfederal victims must be paid
before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
Small Business Administration $25,830.00 $25,830.00 100%

721 19th St., 3rd Floor

Room 301

Denver, CO 80202

RE Jessica/Robert Nutter loan fraud

TOTALS $ 25,830.00 $ 25,830.00

Restitution amount ordered pursuant to plea agreement $

The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

W1 The court determined that the defendant does not have the ability to pay interest and it is ordered that:
Wi the interest requirement is waived forthe [] fine M1 restitution.

(1 the interest requirement forthe [ fine [J restitution is modified as follows:

** Justice for Victims of Traffickin 015, Pub. L. No. 114-22. ; .
*#* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.

* Amy, Vicky, and Andy Child Porno raphy Victim Assistance Act of 2018, Pub. L. No. 115-299.
cto
|
Case 2:24-cr-00081 Document 30 _ Filed 12/04/24 Page 7 of 8 PagelD #: 88

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 5A — Criminal Monetary Penalties

Judgment—Page 7 of 8

DEFENDANT: JESSICA NUTTER
CASE NUMBER: 2:24-cr-00081

ADDITIONAL TERMS FOR CRIMINAL MONETARY PENALTIES

Restitution in the amount of $25,830.00, is due and owing in full immediately. The court shall be notified by the defendant,
and may be notified by the United States or the victim, with respect to any material change in the defendant's economic
circumstances that will affect her ability to pay restitution. Notwithstanding any material change that may occur in the
future, and, in view of the financial resources and other assets of the defendant and her projected earnings and other
income as well as her financial obligations, including obligations to dependents, if any, all as set forth in the presentence
report, the monthly payable amount of $250.00, as set forth in page 5 of this Order, may be increased or decreased by the
court in accordance with any such material change, and, in doing so, the court may consider the findings and
recommendations of, and a revised schedule of payments developed by, the probation officer in keeping with the
reasonable income capacity of the defendant as it exceeds or falls below, as the case may be, the reasonably necessary
fixed living expenses of the defendant and any dependents after taking into account the reduction of such reasonably
necessary fixed living expenses by income of the defendant's dependents or members of the defendant's household.

Payments shall be paid to the Clerk of the Court at the following address: United States District Clerk’s Office, Robert C.
Byrd Federal Building, United States Courthouse, 300 Virginia Street East, Charleston, West Virginia, 25301. Payments
shall be forwarded to the Small Business Administration.
Case 2:24-cr-00081 Document 30 _ Filed 12/04/24 Page 8 of 8 PagelD #: 89

AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 6 —- Schedule of Payments

Judgment — Page 8 of 8

DEFENDANT: JESSICA NUTTER
CASE NUMBER: 2:24-cr-00081

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A Lump sum payment of $ 25,830.00 due immediately, balance due

C] _ not later than , or
( imaccordancewith (] C, [ D, OF E,or MI F below; or

B- (1 Payment to begin immediately (may be combined with LIC, C1D,or (1 F below); or

C (1) Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after the date of this judgment; or
D (] Payment in equal (e.g., weekly, monthly, quarterly) installments of $ over a period of
(e.g., months or years), to commence (e.g., 30 or 60 days) after release from imprisonment to a

term of supervision; or

E [Payment during the term of supervised release will commence within (e.g., 30 or 60 days) after release from
imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F W&M Special instructions regarding the payment of criminal monetary penalties:
The $100 Special Assessment has been paid in full. The restitution shall be paid as set forth in pages 5 and 7 of
this Order.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

(1 _ Joint and Several

Case Number . ;
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate

(The defendant shall pay the cost of prosecution.
(] The defendant shall pay the following court cost(s):

(]_ The defendant shall forfeit the defendant’s interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, 2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.

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