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Government’s Sentencing Memorandum, United States v. William Powell (S.D. W. Va., July 24, 2025)

Summary

The government's sentencing memorandum in United States v. William Powell, Criminal No. 2:24-CR-00192-5, in the U.S. District Court for the Southern District of West Virginia, filed July 24, 2025 as Document 342. 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 Powell and another person obtained a PPP loan in his name using a false claim of $75,000 in 2020 gross income, that he received a $15,625 deposit, and that he paid her $2,000 through Cash App. It gives the applicable Guidelines range as 6-12 months and states that probation is unavailable for a Class B felony under 18 U.S.C. § 3561(a)(1). The government asks for a sentence of imprisonment within the Guidelines range.

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Cite this document

“Government’s Sentencing Memorandum, United States v. William Powell (S.D. W. Va., July 24, 2025).” Original at ecf.wvsd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-united-states-v-william-powell-dkt-342-s-d-w-va-40465d0991/, SHA-256 4c08f48036970b55e24acb96e8e10a7559e3075840268099bad7977faec00d2c.

Full text

Case 2:24-cr-00192      Document 342    Filed 07/24/25   Page 1 of 5 PageID #: 2270



                         UNITED STATES DISTRICT COURT
                      SOUTHERN DISTRICT OF WEST VIRGINIA
                                  CHARLESTON


UNITED STATES OF AMERICA


v.                                              CRIMINAL NO. 2:24-CR-00192-5


WILLIAM POWELL


                      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     within   the    applicable     United   States

Sentencing Guidelines range.

        A. History and Characteristics of the Offender

      The defendant is 35 years old and was born in Brooklyn, New

York. The defendant lived in New York until early adolescence,

which is when he and his family moved to the Southern District of

West Virginia. The defendant has two older half-siblings.
Case 2:24-cr-00192    Document 342    Filed 07/24/25       Page 2 of 5 PageID #: 2271



     The defendant lived in Charleston, West Virginia, with his

sister from approximately age 11 to 18. During this period, his

mother was unable to provide a stable homelife for him because of

her drug use. As an adult, the defendant lived in Huntington, West

Virginia, for a short period. In 2022, the defendant moved back to

New York.

     In 2008, the defendant obtained his GED. He received some

college education, but he did not complete a degree program.

     From age 14 until being placed on bond in this case, the

defendant routinely smoked marijuana.

     The defendant currently works at a restaurant in New York.

      B. Nature and Circumstances of the Offense

     During the spring of 2021, the defendant and Kisha Sutton

conspired    with    one   another   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 his personal information to Kisha

Sutton, who was residing 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 “barber” who had earned $75,000 in gross income



                                       2
Case 2:24-cr-00192   Document 342    Filed 07/24/25   Page 3 of 5 PageID #: 2272



in tax year 2020. Kisha Sutton backed up this claim by falsifying

an IRS Form 1040-Schedue C in the defendant’s name.

     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 $2,000.

     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

offense conduct was not a short-lived, spontaneous occurrence; the

scheme was carried out over several weeks and took multiple steps

to complete.

     The   defendant   should   be    sufficiently      deterred    from   ever

engaging in such conduct again, and other would-be criminals should

be able to look upon his case as an example of what comes from

engaging in financial crimes.

     D. Sentencing Options

   The applicable Guidelines range in this case is a custodial

sentence of 6-12 months. Because the offense of conviction is a

Class B felony, a sentence of probation is unavailable. 18 U.S.C.

§ 3561(a)(1). Based on the facts and circumstances of the case,


                                      3
Case 2:24-cr-00192   Document 342   Filed 07/24/25   Page 4 of 5 PageID #: 2273



the government submits that a sentence within the applicable

Guidelines range is appropriate.

II.   CONCLUSION

      The government submits that a sentence of imprisonment within

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 342   Filed 07/24/25   Page 5 of 5 PageID #: 2274



                         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 24th day of July, 2025, to:



                 Natalie R. Atkinson, Esq.
                 ATKINSON & FRAMPTON
                 2306 Kanawha Boulevard, East
                 Charleston, WV 25311
                 Email: natkinson@amplaw.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




                                     5


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