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).”
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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
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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
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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.
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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
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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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