Court filing
Government's Sentencing Memorandum — United States v. Sean Patrick Boyd, Jr.
Summary
The government's sentencing memorandum in United States v. Sean Patrick Boyd, Jr., Criminal No. 2:23-CR-00123, in the U.S. District Court for the Southern District of West Virginia, filed February 14, 2024 as Doc. 45 by Assistant United States Attorney Jonathan T. Storage. It addresses the sentencing factors of 18 U.S.C. § 3553(a), citing the Presentence Investigation Report for the defendant's background. The memorandum states that on March 29, 2021 the defendant applied for a PPP loan for a business the government describes as fictitious, reporting $99,996 in 2019 gross income, and obtained $20,832, withdrawing $10,000 in cash on May 24, 2021. It states the applicable Guideline range is 0 to 6 months of imprisonment and asks the court to impose a sentence within that range. The eight-page filing ends with a certificate of service on the Office of the Federal Public Defender.
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No. 2:23-cr-00123 · Doc. 45 · Docket on CourtListener
Full text
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 1 of 8 PageID #: 124
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON
UNITED STATES OF AMERICA
v. CRIMINAL NO. 2:23-CR-00123
SEAN PATRICK BOYD, JR.
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 within the applicable U.S. Sentencing
Guidelines range.
A. History and Characteristics of the Offender
The defendant was born in Huntington, West Virginia, and is
twenty-six years old. PSR ¶ 43. Since age three, the defendant has
had no contact with his father. Id. The defendant’s mother resides
in Columbus, Ohio. Id. The defendant has four siblings, each
residing within the Southern District of West Virginia. Id.
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 2 of 8 PageID #: 125
The defendant grew up in Huntington, during which time he
received sufficient food and shelter. PSR ¶ 44. While growing up,
his home’s utilities were shut off from time-to-time because of
his family’s financial struggles. Id. The defendant never
experienced any abuse or neglect as an adolescent. Id.
The defendant is single and has one child -- a five-year-old
daughter -- from a previous relationship. PSR ¶ 45. The defendant's
daughter resides with her mother in Charleston, West Virginia, and
his daughter visits with him every Thursday through Sunday. Id.
The defendant began smoking marijuana at the age of 15. PSR
¶ 50. The defendant told the U.S. Probation Officer that he last
smoked marijuana in October 2023 and that he had only consumed
alcohol on his twenty-first birthday. Id.
The defendant has no history of severe drug abuse, and he has
no history of treatment for substance abuse. PSR ¶ 51.
The defendant attended Huntington High School in Huntington,
West Virginia, but he did not graduate. PSR ¶ 52. The defendant
completed the 10th grade and is literate. Id.
The defendant is self-employed, owning an LLC that buys and
re-sales sneakers. PSR ¶ 53. The defendant has been engaged in the
business for approximately 1.5 years, and his shoe re-sale business
is his only reported source of income. Id. The defendant’s previous
employment includes the following: Quaker Steak and Lube
2
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 3 of 8 PageID #: 126
(restaurant & bar) located in Charleston, West Virginia; Fat
Patty’s (restaurant & bar) located in Huntington, West Virginia;
and Mardi Gras Casino located in Cross Lanes, West Virginia. Id.
B. Nature and Circumstances of the Offense
On March 29, 2021, the defendant applied for a Paycheck
Protection Plan (“PPP”) loan on behalf of his purported business,
“Sean Boyd.” PSR ¶ 13. The defendant falsely represented that “Sean
Boyd,” a fictitious business, received $99,996 in gross income
during the 2019 tax year. Id. The defendant was approved for a PPP
loan, and he obtained $20,832 in loan proceeds. Id.
On May 24, 2021, the defendant received a bank deposit in his
personal checking account at Huntington National Bank for the
entire approved PPP loan amount. PSR ¶ 14. The same day, the
defendant appeared in person at a Huntington National Bank branch
in Nitro, West Virginia, and withdrew $10,000 in cash from his
checking account. Id.
During an interview with investigators, the defendant stated
that he communicated with an unidentified individual over the
Internet, who told him how he could receive government money under
the PPP loan program. PSR ¶ 17. The defendant provided his personal
information to the unidentified online individual, who prepared
the loan documents for the defendant. Id.
3
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 4 of 8 PageID #: 127
Because of the false and fraudulent statements made in his
loan application to the lender, the defendant successfully duped
the lender into approving the loan, allowing the defendant to
receive ill-gotten gains that were backed by the American Taxpayer.
C. Seriousness of Offense, Deterrence, and Community
Protection
Established within the CARES Act, the PPP loan program was
created as an emergency economic stability measure during the
COVID-19 pandemic. Congress tasked the Small Business
Administration (“SBA”) -- which itself is a small federal agency
-- with the heavy burden of administering the new PPP loan program
with break-neck haste. SBA contracted with private lenders to
receive, review, and approve PPP loans that satisfied the program’s
rules. Because of factors relating to massive work volumes and
external pressures to quicken the loan approval process, many
fraudulent loans were unwittingly approved under the PPP loan
program.
The defendant took advantage of a national health and
financial emergency for his own personal gain. Like many others,
the defendant engaged in criminal opportunism during a period of
significant national trauma, grabbing what he could for himself at
the mere unsolicited suggestion of an unknown person in cyberspace.
4
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 5 of 8 PageID #: 128
The ease with which the defendant engaged in felonious conduct
is troubling, but the defendant’s crime was not particularly
sophisticated. Had this case gone to trial, proving the defendant’s
criminal conduct would not have been difficult, suggesting that
the defendant did not much consider the possibility of getting
caught. Moreover, the defendant’s interactions with investigators
have convinced the undersigned AUSA that the defendant is no
hardened criminal, looking for his next great scam or deep-pocketed
victim. Instead, the undersigned AUSA believes that the PPP loan
program created an easy crime of opportunity for the defendant
that was wholly outside the defendant’s experience.
Based on the facts of this case and the defendant’s
background, the government believes that a sentence within the
applicable Guidelines range will sufficiently deter him from
engaging in further criminal conduct. The defendant’s felony
conviction is no small thing; he will now forever carry an unsavory
designation. Importantly, his newly established status as a felon
will only cause any future criminal conduct to be punished more
severely, a strong deterrent in its own right. Accordingly, the
government argues that a sentence within the applicable Guidelines
range is sufficient to deter any future criminal conduct and
adequately addresses the seriousness of the offense.
5
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 6 of 8 PageID #: 129
Finally, the nature of the defendant’s underlying criminal
conduct and his willingness to accept responsibility all suggest
that the defendant does not pose a danger to the public.1
D. Sentencing Options
The applicable sentencing Guideline range in this case is
between 0 and 6 months of imprisonment. A sentence within this
range would be consistent with defendants with similar records who
have been found guilty of similar conduct, thus avoiding
unwarranted sentencing disparities.
II. CONCLUSION
The government submits that a sentence within the Guidelines
range is sufficient but not greater than necessary to meet the
goals of sentencing and importantly to protect the public from
further crimes by the defendant while deterring others from
engaging is such criminal conduct.
1 The government points out that as yet unproven allegations of assault have
been documented in the Presentence Investigation Report. See PSR ¶ 10. The
government resists making arguments about unproven allegations -- wholly
unrelated to the underlying crime -- in evaluating the defendant’s potential
threat to the public.
6
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 7 of 8 PageID #: 130
Respectfully submitted,
WILLIAM S. THOMPSON
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
7
Case 2:23-cr-00123 Document 45 Filed 02/14/24 Page 8 of 8 PageID #: 131
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 14th day of February, 2024 to:
Emily L. Szopinski, Esq.
Office of the Federal Public Defender
300 Virginia Street, East, Suite 3400
Charleston, West Virginia 25301
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
8
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