Defendant’s Objections to Presentence Investigation Report — No. 4:22-cr-00298 (Dkt. 36, E.D. Mo.)

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Defendant Anthony "Tony" Weaver, Sr.'s objections to the Presentence Investigation Report, filed January 3, 2023 as Doc. #36 in United States v. Weaver, Cause No. 4:22-CR-00298 SRC/SPM, in the U.S. District Court for the Eastern District of Missouri. The two-page filing disputes paragraphs 16, 17, 29, 30, 37 and 62 of the report. It states that Weaver was not a longtime assistant to Councilwoman Gray, that there are no victims and no restitution has been requested, and that the person called John Smith was a government informant. It argues that the enhancement tied to 18 U.S.C. § 1040 and USSG § 2B1.1(b)(12) does not apply.

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 Case: 4:22-cr-00298-SRC Doc. #: 36 Filed: 01/03/23 Page: 1 of 2 PageID #: 118




                             UNITED STATES DISTRICT COURT
                             EASTERN DISTRICT OF MISSOURI
                                   EASTERN DIVISION

UNITED STATES OF AMERICA,                             )
                                                      )
               Plaintiff,                             )
                                                      )   Cause No.: 4:22-CR-00298 SRC/SPM
v.                                                    )
                                                      )
                                                      )
ANTHONY “TONY” WEAVER, SR.,                           )
                                                      )
Defendant.                                            )

                            DEFENDANT’S OBJECTIONS TO
                        PRESENTENCE INVESTIGATION REPORT


       COMES NOW Defendant, ANTHONY “TONY” WEAVER, SR., by and through his

Attorney, Timothy J. Smith, and for the Defendant’s response to the Presentence Investigation

Report, states as follows:

           1. Paragraph 16, defendant was not a longtime assistant to Councilwoman Gray.

           2. Paragraph 16, Unity PAC has limited if any influence in national, state-wide, or

               county-wide political election. Unity PAC is a small organization with extremely

               limited resources and very little political influence.

           3. Regarding paragraph 17, there is no evidence that Mr. Weaver attempted to use

               his previous employment or previous positions to help facilitate the approvals of

               any fraudulent applications.

           4. Regarding paragraph 29 and 30, there are no victims in regard to this offense.

               Restitution has not been requested. No government entity lost monies as a result

               of this offense. The gentleman referred to as “John Smith” was a government

               informant who was attempting to limit his own potential criminal exposure by
 Case: 4:22-cr-00298-SRC Doc. #: 36 Filed: 01/03/23 Page: 2 of 2 PageID #: 119




              assisting the government. Clearly, the informant (a.k.a. John Smith) was not a

              victim.

           5. Regarding paragraph 37, USSG § 2B 1.1 (b)(12) refer to conduct described under

              18 U.S.C Section 1040. 18 U.S.C § 1040 does not apply because Mr. Weaver’s

              actions did not cause the government to authorize transport, transmit, transfer ,

              disburse or pay any benefit. Further, Mr. Weaver’s actions or conduct did not

              involve a benefit as defined by U.S.C § 1040. Therefore, said enhancement does

              not apply.

           6. Regarding paragraph 62, Mr. Weaver did not attempt to use his prior position to

              influence the councilwoman’s position regarding the disbursement of SBR funds.



                                                     Respectfully submitted:

                                                     RUDMAN & SMITH, LLC
                                                     By:/s/ Timothy J. Smith
                                                     Timothy J. Smith, #48655(MO)
                                                     2611 South Big Bend Blvd.
                                                     St. Louis, Missouri 63143
                                                     T: 314-645-7246
                                                     F: 314-645-4156
                                                     E: tjsmith@rudmansmithlaw.com

                                                     Attorney for Defendant



                                CERTIFICATE OF SERVICE

I hereby certify on this 3rd day of January 2023; the foregoing was filed electronically with the
Clerk of Court to be served by operation of the Federal Court’s electronic filing system.

                                                                  /s/ Timothy J. Smith_____


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