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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“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/
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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
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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,
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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
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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
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