Defendant’s Position on Sentencing — No. 3:22-cr-00035 (Dkt. 54, E.D. Va.)

Summary

Defendant Kortney Thomas Kelley's position on sentencing, filed May 17, 2023 as Document 54 in United States v. Kelley, Criminal No. 3:22-cr-35, in the U.S. District Court for the Eastern District of Virginia, Richmond Division. Counsel states that Kelley has no objections to the Presentence Investigation Report and intends to ask for a sentence within the guidelines range at the hearing on May 31, 2023. The four-page filing states that he pleaded guilty, admits responsibility and will sign a restitution agreement. It addresses the obstruction enhancement, points to his lack of a criminal record in discussing deterrence, and says he will argue for conditions of probation upon his release.

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“Defendant’s Position on Sentencing — No. 3:22-cr-00035 (Dkt. 54, E.D. Va.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/defendant-s-position-on-sentencing-no-3-22-cr-00035-dkt-54-e-d-va-f73a0d6d9e/, SHA-256 715d3b257b505da09e2011ecf11cf72f69091fa94e50e9b8609fed4bdf8a23d1.

Full text

Case 3:22-cr-00035-DJN Document 54 Filed 05/17/23 Page 1 of 4 PageID# 212

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

UNITED STATES OF AMERICA )

)

v. )

) Criminal No. 3:22-cr-35

KORTNEY THOMAS KELLEY, )

Defendant. )

DEFENDANT’S POSITION ON SENTENCING

COMES NOW the Defendant, Kortney Kelley, by counsel, in accordance with Federal

Sentencing Guidelines Manual §6A1.2 (2011) and the Sentencing Procedures Order, and

represents that he has reviewed the Presentencing Investigation Report (“PSR”). He has noted no

objections to the PSR. He intends to argue the appropriate sentencing factors at the hearing on

May 31, 2023. In this argument, the Defendant intends to ask this Court for sentence within the

guidelines range which counsel agrees has been appropriately calculated.

1. Nature and circumstances of the offense

Mr. Kelley has plead guilty and fully admitted responsibility for his role in this offense.

Although there is ample evidence that he took advantage of pandemic loan opportunities, and

committed fraud when completing them and receiving the money, it is worth noting that the entire

world was in uncharted territory during the first half of 2020. The government quickly provided

opportunities for citizens to apply for assistance at a time when many individuals, including Mr.

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Case 3:22-cr-00035-DJN Document 54 Filed 05/17/23 Page 2 of 4 PageID# 213

Kelley, had their incomes adversely affected by quarantine closures. He acted from a place of

greed and capitalized on that motivation by receiving money to which he was not entitled.

The defendant will sign a restitution agreement representing all of the funds he acquired,

and looks forward to making payments towards that full amount as soon as he is released from

custody.

2. History of defendant

As the Court can gather from the Presentence Report, Mr. Kelley is a man who grew up in

very modest conditions. While he certainly does not appear to have lived in poverty or subject to

abuse, like many criminal defendants who come before the Court, he has experienced several

mitigating landmarks in his life. Most notably, his father (a truck driver) was seriously injured

when Mr. Kelley was a young teenager, which caused a series of traumatic effects for the family.

Not only was his father, the primary breadwinner, unable to work; he also failed to receive a

workers compensation settlement, and became disabled. As a result, Mr. Kelley’s mother suffered

depression and withdrawal. As a result of these events, the defendant dropped out of high school

to begin to work and support his family.

Mr. Kelley has a GED and has routinely found working-class jobs to support himself, but

has likely always been marked by the experience of never having enough income to support a

family with any comfortable margin. He also has health concerns that he has worked to control

throughout his life. His family remains supportive of him, and both his father and brother have

fully cooperated with the PSR process. His family describes him as a good man with kind

intentions.

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Case 3:22-cr-00035-DJN Document 54 Filed 05/17/23 Page 3 of 4 PageID# 214

Counsel will respectfully request that the Court recommend Mr. Kelley serve any active

sentence in a medical facility within the Bureau of Prisons so that he can receive a mental health

assessment as well as ongoing medical treatment for his diabetes.

Additionally, although Mr. Kelley has been attributed with an enhancement for obstructive

behavior, he expressed reasons for his failures to follow through on travel plans to return to

Virginia during this case. He continued to respond to phone calls and messages, and never

intended to avoid responsibility for the crime. He had a breakdown in communication with his

initial attorney, but it is noteworthy that as soon as the undersigned counsel met with the defendant,

he promptly entered a guilty plea and admitted his involvement in this offense.

3. Need for Deterrence

The need for deterrence is certainly important in this case, since the concept of COVID-

19 relief related fraud is a relatively new concept. The prompt rollout of government assistance

programs during the beginning of the pandemic was unprecedented in American history. Many

people, to include Mr. Kelley, were out of work and the loan opportunities were widely

publicized as a way to assist citizens in covering their expenses during a time when many

businesses could not operate. He used that money for unauthorized purposes and lied about the

basic information required to receive the loans. The Court has an obligation to alert both Mr.

Kelley and other citizens that this behavior is not to be tolerated.

However, when fashioning a sentence sufficient but not greater than necessary to deter

Mr. Kelley, counsel argues that this he has no criminal record to speak of. He has never been in

trouble before, let alone on felony probation with the conditions to which he will agree to be

monitored by this Court upon release. For a person with no record or history of incarceration to

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Case 3:22-cr-00035-DJN Document 54 Filed 05/17/23 Page 4 of 4 PageID# 215

receive both a felony conviction AND multiple years in custody is a significant deterrent for both

Mr. Kelley and the general public.

For these reasons and for others which he will set forth at his sentencing hearing on May

31, 2023, Defendant will argue for this Court to sentence him within the sentencing guidelines

with standard and special conditions of probation upon his release.

RESPECTFULLY SUBMITTED,

KORTNEY KELLEY
By Counsel:

_____________/s/______________

Emily M. Munn, Esquire
VSB No. 46390
4000 George Washington Highway
Yorktown, VA 23692
(757) 619-1060
emily@emilymunn.law

CERTIFICATE OF SERVICE

I hereby certify that on the 17th day of May, 2023, I served a true copy of the foregoing

via the CM/ECF which will notify all counsel of record of such filing.

_____________/s/______________

Emily M. Munn, Esquire
VSB No. 46390
4000 George Washington Highway
Yorktown, VA 23692
(757) 619-1060
emily@emilymunn.law

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