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United States v. Lana Barker, Defendant's Sentencing Memorandum (S.D.W. Va. 2:25-cr-00005, ECF 26)

Summary

Defendant's Sentencing Memorandum, Document 26, filed 06/25/25 in United States v. Lana Barker, Case 2:25-cr-00005, in the U.S. District Court for the Southern District of West Virginia, ahead of a sentencing hearing on July 1, 2025. It states that Barker pled guilty on March 3, 2025 to a single count information charging Aiding and Abetting Structuring Financial Transactions to Evade Reporting Requirements, in violation of 31 U.S.C. § 5324(a)(3) and 18 U.S.C. § 2. The memorandum gives an advisory guideline range of 0 to 6 months and states that the government has agreed to accept $97,215 in lieu of forfeiture of a residence. It asks the court to consider a sentence of probation and, if incarceration is necessary, home detention as a condition of probation. It is signed by counsel Tim C. Carrico.

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“United States v. Lana Barker, Defendant's Sentencing Memorandum (S.D.W. Va. 2:25-cr-00005, ECF 26).” Original at storage.courtlistener.com. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/united-states-v-lana-barker-defendant-s-sentencing-memorandum-s-d-w-va-13182de7a7/, SHA-256 f1d2ce820401c7722b3271ecae23374e22fb0faff12866950da09259977b078c.

Full text

     Case 2:25-cr-00005    Document 26    Filed 06/25/25   Page 1 of 7 PageID #: 72




                IN THE UNITED STATES DISTRICT COURT
              FOR THE SOUTHERN DISTRICT WEST VIRGINIA

UNITED STATES OF AMERICA

v.                                       CRIMINAL NO. 5:25-CR-00005-001

LANA BARKER

                DEFENDANT=S SENTENCING MEMORANDUM

        Defendant, Lana Barker, submits this memorandum outlining the various 18

U.S.C. ' 3553(a) factors for the Court’s consideration at his upcoming sentencing

hearing on July 1, 2025.

A.      No Legal Objections:

        On March 3, 2025, Mrs. Barker, pled guilty to a single count information

charging her with Aiding and Abetting Structuring Financial Transactions to Evade

Reporting Requirements, in violation of 31 U.S.C. § 5324(a)(3) and 18 U.S.C. § 2

(Class D Felony).     The statutory maximum penalties are not more than five years

of incarceration, up to (3) years of supervised release, a maximum fine of $250,000,

a $100 special assessment, and forfeiture of 40 Opal Place, Foster, WV 25081.

        Her advisory guideline range falls within Zone A of the sentencing table at 0

to 6 months of incarceration, and a fine range of $200 to $9,500.     Her total offense

level is 2, which is arrived at after she receives a 3-level reduction for acceptance of

                                      Page 1 of 7
     Case 2:25-cr-00005   Document 26    Filed 06/25/25     Page 2 of 7 PageID #: 73




responsibility, a 2-level reduction for being a zero-point offender, an 8-level

reduction for U.S.S.G. § 2S1.3(b)(3).       Her criminal history category is I.   The

applicable guideline is U.S.S.G. § 2S1.3.    The government has agreed to accept the

payment of $97,215 in lieu of forfeiture of 40 Opal Place, Foster, WV 25081.

B.      18 U.S.C. '3553(a) Factors:

        Mrs. Barker respectfully asserts that a sentence of probation would comports

with the sentencing goals set forth under 18 U.SC. § 3553(a).         Such a sentence

would be sufficient but not greater than necessary to achieve the sentencing goals.

                    The nature and circumstances of the offense
               and the history and characteristics of the defendant.

        Mrs. Barker is (65) years old.      She has lived a law-abiding life with no

criminal history.   She retired in 2022 from the Boone County Board of Education.

She has an exemplary employment history prior to her (18) years of service for

Boone County (BOE).        She has no substance abuse issues.      Her health is good

other than having total left knee replacement on June 23, 2025.       She reports that

she will be able to attend the sentencing hearing.        She has been married to her

husband approximately 48 years.

         She acknowledges that she engaged in the commission of a felony criminal

offense. Importantly, since the commission of the offense she met with government

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  Case 2:25-cr-00005    Document 26     Filed 06/25/25   Page 3 of 7 PageID #: 74




and voluntarily and truthfully admitted to her offense and relevant conduct.     She

executed a plea agreement admitting to the charges set forth in the information, and

waived prosecution by indictment.     She paid the United States Marshall Service

$97,215 in lieu of forfeiture of the residence that was purchased for use by their

grandson in Foster, West Virginia.

      Mrs. Barker and her husband obtained a loan from Truist Bank to pay the

forfeiture amount.     The funds were deposited into their counsel’s client/trust

account then subsequently wired to the United States Marshall Services.      Counsel

provided proof of the aforementioned application for the wire from Chase Bank to

the government.   At the time of the filing of this sentencing memorandum the funds

are in counsel’s client trust account and have not been wired.         However, it is

expected that the government will have the funds before the sentencing hearing on

July 1, 2025.

      The forfeiture amount is based on the specific amount of the monies that were

structured by Mrs. Barker and her Husband.

      Prior to the execution of her plea agreement the Barkers did voluntarily

provide the government with their personal financial records in support of their

contention that the $97,215 in cash derived from legitimate sources.

      Mrs. Barker has no criminal history and is a zero-point offender.      She has
                                     Page 3 of 7
  Case 2:25-cr-00005     Document 26       Filed 06/25/25   Page 4 of 7 PageID #: 75




fully complied with the terms and conditions of her release on bond.             More

importantly, she has taken positive steps to correct her wrongful conduct.

      The need for the sentence to reflect the seriousness of the offense,
to promote respect for the law, and to provide just punishment for the offense.

      Mrs. Barker now stand convicted of a federal felony.       She and her husband

paid $97,215 to rectify the structuring.    Mrs. Barker has no criminal history.       A

sentence of probation will reflect the seriousness of the offense and will promote

respect for the law.

 The need for the sentence to afford adequate deterrence to criminal conduct.

      A sentence of probation based on the facts in this case will afford adequate

deterrence for criminal conduct.

                    The need for the sentence to protect the
                  public from further crimes of the defendant.


      A sentence of probation with terms and conditions will protect the public from

further crimes of the defendant based on her conduct while on bond.

The need for the sentence to provide the defendant with needed educational or
vocational training, medical care, or other correctional treatment in the most
                               effective manner.




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  Case 2:25-cr-00005     Document 26    Filed 06/25/25   Page 5 of 7 PageID #: 76




      Mrs. Barker is (65) years old and recently had knee replacement surgery.

A sentence of probation will allow her to continue with her necessary physical

therapy.

                         The kinds of sentences available.

      A sentence of probation is appropriate in this case both statutorily and under

the federal sentencing guidelines.

  The kinds of sentence and sentencing range established for the applicable
 category of offense committed by the applicable category of defendant as set
for in the guidelines issued by the sentencing commission that are in effect on
                      the date the defendant is sentenced.

      Mrs. Barker’s advisory guideline range is 0 to 6 months.

                         Any pertinent policy statements

      Not applicable,

 The need to avoid unwarranted sentence disparities among defendants with
       similar records who have been found guilty of similar conduct.

      The sentence requested by Mrs. Barker will not cause an unwarranted

disparity among defendants with similar records who have been found guilty of

similar conduct.

           The need to provide restitution to any victims of the offense.

      Mrs. Barker has wired the government $97,215 in lieu of forfeiture.



                                     Page 5 of 7
  Case 2:25-cr-00005     Document 26     Filed 06/25/25   Page 6 of 7 PageID #: 77




      WHEREFORE, in conclusion, Mrs. Barker respectfully submits that the

sentencing factors under 18 U.S.C. § 3553(a) warrant consideration of a sentence of

probation as requested herein.   If the Court determines that a form of incarceration

is necessary, she will ask the Court to consider home detention rather than

imprisonment as a condition of probation.      She requests the Court to recommend

that she be placed as close to her home as possible it determines incarceration at the

BOP is necessary, and in a such case she would ask the Court to allow her to self-

report.

      Respectfully submitted on June 25, 2025.

                                               LANA BARKER
                                               DEFENDANT
By Counsel


/s/ Tim C. Carrico __________________
Tim C. Carrico, Esq. (WVSB #6771)
CARRICO LAW OFFICES, LC
1554 Kanawha Blvd. East, Ste 100
Charleston, West Virginia 25311
Phone: (304) 347-3800
Fax: (304) 347-3688




                                      Page 6 of 7
  Case 2:25-cr-00005    Document 26     Filed 06/25/25   Page 7 of 7 PageID #: 78




                        CERTIFICATE OF SERVICE

      I, Tim Carrico, counsel of record for the defendant, Lana Barker, certify that

on June 25, 2025, the foregoing Defendant’s Sentencing Memorandum was

submitted to the following person via ECF filing:

      GABE PRICE, AUSA
      (email transmission to gabe.price@usdoj.gov)

                                      /s/ Tim C. Carrico __________________
                                      Tim C. Carrico, Esq. (WVSB #6771)




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