Sentencing Memorandum and Motion (Downward Variance) — No. 2:22-CR-00053 (Dkt. 48, E.D. Wash.)

Summary

Defense counsel Zachary L. Ayers filed this sentencing memorandum and motion for a downward variance for Natasha Ann Opsal on April 6, 2023 in the Eastern District of Washington. It says Opsal fraudulently applied for Paycheck Protection Program funds and spent the money to sustain life and a significant drug addiction during the COVID-19 pandemic and lockdowns, and that Opsal appears to have no prior convictions, with a criminal history category of I. The motion asks the Court to vary from the low-end guideline range of 12 months of incarceration to time served, noting Opsal will have served approximately 6 months in U.S. Marshals custody, and seeks a 3-year term of supervised release, no fine, a $100 special penalty assessment and restitution of $61,247. It argues the case meets the spirit of the USSG 5K2.20 aberrant-behavior departure, though not necessarily its requirements.

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Case 2:22-cr-00053-TOR ECF No. 48 filed 04/06/23 PageID.134 Page 1 of 4

1 Zachary L. Ayers
2 Ayers Law Firm, P.L.L.C.
1312 N. Monroe Street, Suite 133
3 Spokane, WA 99201
4
Telephone: (509) 252-6005
Email: zach@ayerslawfirm.net
5 United States District Court
Eastern District of Washington
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(Honorable Judge Thomas O. Rice)
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2:22-CR-00053-TOR
8 United States of America,
9 Plaintiff,
Sentencing Memorandum and Motion
10 v. for Downward Variance
11 Natasha Ann Opsal,
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Defendant(s).
13
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15 Natasha Ann Opsal, through counsel, Zachary L. Ayers of Ayers Law Firm,
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P.L.L.C., respectfully submits this sentencing memorandum and motion for downward
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18
variance.

19 18 U.S.C. §3553(a)
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18 U.S.C. §3553(a) sets out factors that are helpful to the Court when
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determining a sentence that is “sufficient but not greater than necessary” to comply
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23 with the purposes of the statute. The District Court may not presume that the
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guideline range is reasonable, nor should the guideline factors be given any more or
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less weight than any other. United States v. Carty, 520 F.3d 984, 991 (9th Cir. 2008) en
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27 banc, citing Rita v. United States, 127 S.Ct. 2456 (2007), Gall v. United States, 127 S.Ct.
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Sentencing Memorandum and Motion for 1
Downward Variance
Case 2:22-cr-00053-TOR ECF No. 48 filed 04/06/23 PageID.135 Page 2 of 4

1 2833 (2007), and Kimbrough v. United States, 128 S.Ct. 558 (2007). The guidelines are
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only one factor to be taken into account in arriving at an appropriate sentence. Id.
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Nature of the Offense

5 Ms. Opsal understands the seriousness of this offense. She recognizes that she
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fraudulently applied for Paycheck Protection Program funds and spent that money to
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sustain her life and her significant drug addiction during the COVID-19 pandemic and
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9 lockdowns. She also recognizes that her actions stole public funds from businesses
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that actually needed the support when businesses all over the country were shut down
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and could not pay employees or pay basic operating expenses during the height of the
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13 COVID-19 pandemic and lockdowns.
14 History and Characteristics of the Defendant
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Ms. Opsal appears to have no prior convictions. Her drug addiction and her bad
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17 choices led to this conviction. During the pendency of her case, Ms. Opsal was
18 released. Her addiction and poor choices led her to pretrial incarceration. Her life has
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had many ups and downs including learning who her biological father was and the
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21 death of her mother. (PSIR ¶60).

22 To Promote Respect for the Law
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A sentence of time served with a three-year term of supervised release is
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sufficient but not more than necessary to promote respect for the law. This sentence

26 accounts for the poor choices Ms. Opsal understands she needs structure to succeed
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on supervised release. She is homeless. If the Court orders her to serve time in a
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Sentencing Memorandum and Motion for 2
Downward Variance
Case 2:22-cr-00053-TOR ECF No. 48 filed 04/06/23 PageID.136 Page 3 of 4

1 Residential Reentry Center, it will give her the structure she needs to obtain legitimate
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employment during supervision and beyond to pay off the significant restitution she
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will owe.

5 To Afford Adequate Deterrence to Criminal Conduct and Protection of
the Public
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7 Ms. Opsal does not have any previous felony convictions prior to the instant
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case. A sentence of time served with three-years of supervised release affords adequate
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deterrence to criminal conduct and protects the public.
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11 Motion for Downward Variance
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Ms. Opsal moves the Court for a downward variance from the low-end
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guideline range of 12 months of incarceration to time served. Mr. Opsal will have
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15 served approximately 6 months in the U.S. Marshals custody at the time of sentencing.
16 Although Ms. Opsal does not necessarily meet the requirements of the USSG 5K2.20
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departure for aberrant behavior, her case meets the spirit of it. Her criminal history
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19 category is I and she has no prior convictions. She has accepted responsibility for her

20 actions.
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No death or serious bodily injury occurred in this case. No firearms were
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23 involved in this case, and this was not a serious drug trafficking case. The only reason

24 this case does not meet the guideline is because the behavior may be repetitious or
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significant planned behavior. See, U.S.S.G. §5K2.20 n. 2. There was repetitious
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behavior, and this was a fraud scheme that Ms. Opsal conducted.
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28 ///
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Downward Variance
Case 2:22-cr-00053-TOR ECF No. 48 filed 04/06/23 PageID.137 Page 4 of 4

1 Conclusion
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Ms. Opsal respectfully requests the Court to sentence of time served, a 3-year
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term of supervised release, no fine, and a $100 special penalty assessment and

5 restitution in the amount of $61, 247.
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Dated this 6th day of April 2023.
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Respectfully Submitted,
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9 s/Zachary L. Ayers_____________
WSBA # 46496
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Attorney for Ms. Opsal.
11 Ayers Law Firm, P.L.L.C.
1312 N. Monroe Street, Suite 133
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Spokane, WA 99201
13 Telephone: (509) 252-6005
Email: zach@ayerslawfirm.net
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15
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Service Certificate
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19 I hereby certify that on April 6, 2023, I electronically filed the foregoing with

20 the Clerk of the Court using the CM/ECF System which will send notification of such
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filing to the following: AUSA Daniel Fruchter and Frieda Zimmerman.
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s/Zach L. Ayers_____________
24 WSBA # 46496
25
Attorney for Ms. Opsal.
Ayers Law Firm, P.L.L.C.
26 1312 N. Monroe Street, Suite 133
Spokane, WA 99201
27
Telephone: (509) 252-6005
28 Email: zach@ayerslawfirm.net
Sentencing Memorandum and Motion for 4
Downward Variance

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