Government’s Sentencing Memorandum, United States v. Jasmine Spencer (S.D. W. Va., July 31, 2025)

Summary

The government's sentencing memorandum in United States v. Jasmine Spencer, Criminal No. 2:24-CR-00192-7, in the U.S. District Court for the Southern District of West Virginia, filed July 31, 2025 as Document 351. Signed by Assistant United States Attorney Jonathan T. Storage, it addresses the factors in 18 U.S.C. § 3553(a). The memorandum states that in the spring of 2021 Spencer aided and abetted another person in obtaining a PPP loan in her name on a false claim of $75,000 in 2020 gross income, that she received a $15,625 deposit, and that she paid $3,000 through Cash App. It reports that Spencer provided cooperation, including trial testimony, and gives the applicable Guidelines range as 0-6 months. The government asks for a sentence at the very bottom of that range.

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Case 2:24-cr-00192     Document 351    Filed 07/31/25   Page 1 of 5 PageID #: 2355



                        UNITED STATES DISTRICT COURT
                     SOUTHERN DISTRICT OF WEST VIRGINIA
                                 CHARLESTON


UNITED STATES OF AMERICA


v.                                             CRIMINAL NO. 2:24-CR-00192-7


JASMINE SPENCER


                     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 at the very bottom of the applicable United

States Sentencing Guidelines range.

      A. History and Characteristics of the Offender

      The defendant is 32 years old and was born in Manhattan, New

York. The defendant has lived in the Southern District of West

Virginia since she was 18 years old. The defendant was raised by

her grandmother, and she does not know her birth parents. The
Case 2:24-cr-00192    Document 351    Filed 07/31/25   Page 2 of 5 PageID #: 2356



defendant has 2 sisters. One is deceased and the other is in

prison.

     The defendant has never been married. She had 4 children, all

of whom she had custody.

     She is a high school graduate, and she works styling hair for

cash payments.

     She has been treated for depression. She drinks socially and

denied having any drug abuse history. She has smoked marijuana

daily since 2018.

      B. Nature and Circumstances of the Offense

     During the spring of 2021, the defendant aided and abetted

Kisha Sutton to obtain a fraudulent Paycheck Protection Program

(“PPP”)    loan      through   a     federal    COVID-19      relief     program

administered by the U.S. Small Business Administration.

     The   defendant     supplied     her   personal    information      to   her

sister, who then passed it on to Kisha Sutton. At the time, Kisha

Sutton resided in New Jersey. Kisha Sutton created a materially

false PPP loan application in the defendant’s name and provided

false information and documentation to the lender. Specifically,

Kisha Sutton represented that the defendant was self-employed as

a “hairdresser” who had earned $75,000 in gross income in tax year

2020. Kisha Sutton backed up this claim by falsifying an IRS Form

1040-Schedue C in the defendant’s name.
                                       2
Case 2:24-cr-00192   Document 351   Filed 07/31/25   Page 3 of 5 PageID #: 2357



     The loan was approved, and the defendant received a $15,625

direct deposit into his bank account. As payment for her services,

the defendant sent three payments to Kisha Sutton through Cash

App, which totaled $3,000.

     C. Seriousness      of   Offense,     Deterrence,       and    Community
        Protection

     The defendant and Kisha Sutton took advantage of a national

emergency to enrich themselves. In doing so, they defrauded a

financial institution and took steps to conceal their actions.

     The defendant, though, has provided satisfactory cooperation

to the government in the prosecution of its case against Kisha

Sutton, including, but not limited to, providing trial testimony.

     The government has no reason to believe that the defendant

will ever commit a similar offense again.

     D. Sentencing Options

   The applicable Guidelines range in this case is 0-6 months.

Based on the facts and circumstances of the case,                   including

considerations of the defendant’s assistance to the government,

the government submits that a sentence at the very bottom of the

Guidelines range is appropriate.




                                     3
Case 2:24-cr-00192   Document 351   Filed 07/31/25   Page 4 of 5 PageID #: 2358



II.   CONCLUSION

      The government submits that a sentence at the very bottom of

the applicable advisory guidelines range would be sufficient but

not greater than necessary to meet the purposes of sentencing.


                                    Respectfully submitted,

                                    LISA G. JOHNSTON
                                    Acting 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




                                     4
Case 2:24-cr-00192   Document 351   Filed 07/31/25   Page 5 of 5 PageID #: 2359



                         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 31st day of July, 2025, to:



                 John J. Balenovich, Esq.
                 1554 Kanawha Boulevard, East, Suite 100
                 Charleston, WV 25311
                 Email: john@wvlitigator.com



                                    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




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