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Home Source documents Sentencing Memo — United States v. Roshon Edward Thomas, No. 2:22-CR-035-RMP-1 (Dkt. 40, E.D. Wash.)

Sentencing Memo — United States v. Roshon Edward Thomas, No. 2:22-CR-035-RMP-1 (Dkt. 40, E.D. Wash.)

Summary

In this defense sentencing memo dated August 6, 2022 in United States v. Roshon Edward Thomas, No. 2:22-CR-035-RMP-1 (E.D. Wash.), attorney John B. McEntire, IV of Federal Defenders of Eastern Washington & Idaho asks the Court to impose 5 years of probation. The memo says Thomas, charged with wire fraud, pleaded to making false statements after putting false revenue reports, employee counts and established dates in two business loan applications, receiving $54,900 in Cares Act loans for two business ideas, I's Design and Thomas Tattoo Parlor. It gives advisory ranges of 0-6, 8-14 or 10-16 months, depending on a departure request based on kidney failure. The memo cites end-stage kidney disease, daily dialysis, the risk of losing a rent-controlled apartment and restitution, and notes the government asked for 8 months home detention followed by three years supervised release.

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 1                 John B. McEntire, IV
                   Senior Litigator
                   10 North Post Street, Suite 700
2                  Spokane, Washington 99201
                   509.624.7606
 3                 Attorney for Roshon E. Thomas


4

 5

6

 7

8                                  United States District Court
                                  Eastern District of Washington
9                                   Honorable Rosanna M. Peterson


10   United States of America,                       No. 2:22-CR-035- RMP-1

11                          Plaintiff,               Sentencing Memo

12         v.

13   Roshon Edward Thomas,

14                          Defendant.

15

16

17

18

19
 1                                        I.     Introduction

2           Before sunrise on March 17, 2022, six armed federal agents made entry into

 3   Roshon Thomas’s South Hill apartment. Inside, Mr. Thomas was laying on his

4    medical bed, attached to a dialysis machine. He unplugged from the machine, met

 5   the agents, and was arrested and transported to the FBI office for an interview.

6           There, Mr. Thomas acknowledged putting false information in two business

 7   loan applications. That false information didn’t involve Mr. Thomas’s personal

8    details (he signed the promissory notes using his own name, date of birth, address,

9    and social security number); the false information involved his current and future

10   businesses (he put down false revenue reports, employee counts, and established

11   dates). By doing so, Mr. Thomas received $54,900 in Cares Act loans he didn’t

12   qualify for—loans he was legally obligated to pay back.

13          A grand jury charged Mr. Thomas with wire fraud, 1 he pleaded to making

14   false statements, 2 and he now comes before the Court for sentencing. If the Court

15   grants Mr. Thomas’s pending departure request (based on his kidney failure and

16   transplant status) in-full, then his advisory range would be 0-6 months; 3 if the Court

17   grants Mr. Thomas’s departure request in-part (what the Government asks), then

18
     1
       ECF No. 1 (Indictment).
     2
19     ECF No. 25 (Making False Statements).
     3
       ECF No. 32 (Mr. Thomas’s downward departure request, where he asks for a 6-level departure).
                                          Sentencing Memo
                                                –1–
 1   his advisory range would be 8-14 months; 4 and if the Court declines to grant his

2    departure request altogether, then his advisory range would be 10-16 months. No

 3   matter Mr. Thomas’s range, his request remains: he respectfully asks the Court to

4    impose 5 years of probation. The reasons for this request are set forth below.

 5                                         II.    Discussion

6    A.     What happened.

 7          In June 2017, Mr. Thomas returned to the community after serving a 15-year

8    drug sentence. 5 Shortly after his return, medical issues put Mr. Thomas in the

9    hospital, where doctors diagnosed him with end-stage kidney disease. 6 To make up

10   for Mr. Thomas’s complete kidney failure, doctors surgically implanted a catheter

11   in his abdomen, allowing the Sisyphusian ritual of dialysis to begin—9 hours per

12   day, 7 days per week, until new kidneys could be found.

13          Financially, the diagnosis cost Mr. Thomas greatly. He applied for social

14   security disability, 7 but still needed additional income to make ends meet, so he

15   worked first at Wal-Mart, then at Napa Auto. 8 These jobs exhausted Mr. Thomas,

16   especially as the daily dialysis sessions took their toll.

17
     4
       ECF No. 39 (Government’s Sentencing Memo, where it asks for a 1-level departure).
     5
18     ECF No. 36 at ¶ 80 (Final PSIR).
     6
       ECF No. 36 at ¶ 124 (Final PSIR).
     7
19     ECF No. 36 at ¶133 (Final PSIR).
     8
       ECF No. 36 at ¶ 130 (Final PSIR).
                                         Sentencing Memo
                                               –2–
 1         Wanting to try something different, Mr. Thomas typed up a plan for a

2    nascent idea: I’s Design, a business that makes custom t-shirts. He purchased some

 3   shirts, a press, and used his graphics skills to draw up designs. The business idea

4    was a win-win: he liked designing shirts, and it allowed him to remain at home,

 5   which was far less demanding than shifts at Napa or Wal-Mart. One problem: he

6    lacked the money to get his business off the ground.

 7         Then came the Cares Act, which promised loans for existing businesses

8    during the pandemic. If Mr. Thomas qualified for these loans at all (it’s a stretch to

9    say he did), he wouldn’t have qualified for much, as loan size was determined by

10   business metrics such as employee count and the prior year’s gross revenues.

11   Mr. Thomas lacked such metrics, as he hadn’t even obtained a business license, let

12   alone started selling shirts on a widespread scale. But he applied anyway, inserting

13   false figures. He did the same with Thomas Tattoo Parlor, another business idea

14   that wasn’t off the ground.

15         While Mr. Thomas provided false information about his businesses, he

16   provided truthful information about himself. He included his personal address,

17   phone number, social security number, and date-of-birth on the application. So

18   when Mr. Thomas signed the promissory notes for both loans, the Small Business

19   Administration possessed the information needed to legally enforce these loans

                                        Sentencing Memo
                                              –3–
 1   should Mr. Thomas default. In short, Mr. Thomas borrowed money he wasn’t

2    supposed to receive, but intended to pay it back. 9 It’s an atypical fraud offense.

 3          Mr. Thomas ultimately received two loans from the SBA, and he used these

4    funds for business supplies, rent, utilities, medical bills, and a car for the job he has

 5   worked during the pandemic: delivering groceries for Instacart and GoPuff.

6    B.     Why probation makes sense.

 7          There are four reasons why a sentence of probation makes sense: 1) his

8    medical issues; 2) his housing; 3) restitution’s purpose; and 5) accountability. Each

9    will be addressed.

10          1.     Mr. Thomas suffers from serious medical issues.

11          Mr. Thomas suffers from end-stage kidney disease. In his pending downward

12   departure request, Mr. Thomas walked through the myriad ways a custodial

13   sentence places him at risk; he also walked through how a custodial sentence harms

14   both the BOP and the Government. He won’t walk through those issues again, but

15   they remain a strong factor for the Court to weigh when imposing sentence. See 18

16   U.S.C. §3553(a)(2)(D) (the need for a sentence to provide Mr. Thomas “with

17   needed…medical care…in the most effective manner”).

18
     9
19    Consistent with that intent, Mr. Thomas already completed full financial disclosures for both
     Probation and the U.S. Attorney’s Office.
                                            Sentencing Memo
                                                   –4–
 1         2.     If sentenced to custody, Mr. Thomas will lose his housing.

2          After Mr. Thomas received his diagnosis, he knew a safe place to perform his

 3   daily dialysis was paramount, so he applied to an affordable housing program. He

4    spent years on a waitlist, but was eventually able to secure an apartment at Palouse

 5   Trails for $900 per month (the address on his loan applications, as well as where he

6    was arrested). If a custodial sentence was imposed, Mr. Thomas would lose his

 7   rent-controlled apartment, and would be forced to enter the open rental market,

8    where the average rent for an 886 sq. foot unit in Spokane is $1,344—at least. 10 A

9    multi-hundred dollar rent increase jeopardizes Mr. Thomas’s ability to find safe

10   housing.

11         3.     If released, Mr. Thomas can begin paying restitution sooner.

12         Always on the Court’s mind is the best way to provide restitution to the

13   victim. See 18 U.S.C. § 3553(a)(7). Here, time in custody is time not spent repaying

14   Mr. Thomas’s loan from the Government. And if Mr. Thomas loses his housing

15   (see above), he’ll have less money per month to pay restitution.

16

17

18
     10
19    https://www.rentcafe.com/average-rent-market-trends/us/wa/spokane/, last accessed on
     August 6, 2022.
                                         Sentencing Memo
                                               –5–
 1            4.     Probation promotes accountability.

2             Chapeau to the Government. After considering Mr. Thomas’s medical

 3   issues, it asked the Court to impose a non-custodial sentence: 8 months home

4    detention, followed by three years supervised release. 11 While Mr. Thomas respects

 5   (and appreciates) the Government’s recommendation, he believes 5 years of

6    probation provides a better fit for a few reasons:

 7            First, a sentence of 8 months home detention unnecessarily burdens the U.S.

8    Probation Office. Practically, home detention creates a lot of work for Probation, as

9    they’re required to monitor Mr. Thomas’s whereabouts and pre-approve each trip

10   from his house. The pre-approval process might be manageable if Mr. Thomas

11   worked a 9-5 job and could set a consistent schedule for Probation. But he doesn’t.

12   Instead, Mr. Thomas works as a delivery driver, with a schedule that varies each

13   day. Such inconsistency makes things difficult for Probation, especially when

14   factoring in Mr. Thomas’s many medical appointments. Home detention makes

15   sense in many situations, but the minor benefits (punishment) don’t outweigh the

16   major burden on Probation.

17            Second, home detention limits the Government’s ability to enforce a

18   restitution payment schedule. If the Court follows the Government’s request, then

19
     11
          ECF No. 39 at 6 (Government’s Sentencing Memo).
                                             Sentencing Memo
                                                   –6–
 1   Mr. Thomas would be monitored by the Court for 3 years; if the Court follows

2    Mr. Thomas’s request, then he’d be monitored by the Court for 5 years. That

 3   additional two years benefits the Government, as it can turn to court-imposed

4    sanctions should Mr. Thomas fail to pay his restitution.

 5         Third, probation promotes more accountability than supervised release. If

6    Mr. Thomas violates a condition of probation, then the Court has the ability to

 7   revoke his probation, leaving Mr. Thomas to face the same exposure he did at his

8    underlying sentencing. Such potential sanctions promote accountability—more so

9    than a time-served sentence, which just leaves the Court with supervision alone.

10                                     III.   Conclusion

11         Mr. Thomas provided false information to the SBA to secure two loans he

12   didn’t qualify for. For that, he apologizes. To get Mr. Thomas on the path towards

13   loan repayment, he asks the Court to impose a sentence of 5 years of probation.

14   Doing so not only promotes accountability for this offense, but also ensures

15   Mr. Thomas remains in safe housing and on the transplant list for the kidney he so

16   desperately needs.

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                                       Sentencing Memo
                                             –7–
 1   Dated: August 6, 2022

2                                    Federal Defenders of Eastern Washington & Idaho
                                     Attorneys for Roshon Edward Thomas
 3
                                     s/ John B. McEntire, IV
4                                    John B. McEntire, IV – WSBA #39469
                                     10 North Post Street, Suite 700
 5                                   Spokane, Washington 99201
                                     509.624.7606
6                                    jay_mcentire@fd.org

 7

8

9                                     Service Certificate

10        I certify that on August 6, 2022, I electronically filed the foregoing with the

11   Clerk of the Court using the CM/ECF System, which will notify Assistant

12   United States Attorneys: Daniel Hugo Fruchter and Tyler Tornabene.

13                                          s/ John B. McEntire, IV
                                            John B. McEntire, IV – WSBA #39469
14                                          10 North Post Street, Suite 700
                                            Spokane, Washington 99201
15                                          509.624.7606
                                            jay_mcentire@fd.org
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                                        Sentencing Memo
                                              –8–


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