USA v. Cornelius, et al

AO 245B (Rev. 09/19) 	Judgment in a Criminal Case
Attachment (Page 1) — Statement of Reasons
DEFENDANT: 	LATRACE SHENAY CORNELIUS
CASE NUMBER: 	4:22CR40002-002
DISTRICT: 	WESTERN DISTRICT OF ARKANSAS
STATEMENT OF REASONS
(Not for Public Disclosure)
Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony and Class A misdemeanor cases.
I. 	COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT
A. 	The court adopts the presentence investigation report without change.
B. 	The court adopts the presentence investigation report with the following changes. 	(Use Section VIII if necessary)
(Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report.)
1. 	Chapter Two of the United States Sentencing Commission 	Guidelines Manual 	determinations by court: 	(briefly
summarize the changes, including changes to base offense level, or specific offense characteristics)
2. 	Chapter Three of the United States Sentencing Commission 	Guidelines Manual 	determinations by court: 	(briefly
summarize the changes, including changes to victim-related adjustments, role in the offense, obstruction of justice, multiple counts, or acceptance of
responsibility)
3. 	Chapter Four of the United States Sentencing Commission 	Guidelines Manual 	determinations by court: 	(briefly
summarize the changes, including changes to criminal history category or scores, career offender status, or criminal livelihood determinations)
4. 	Additional Comments or Findings: 	(include comments or factual findings concerning any information in the presentence report,
including information that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation, or programming decisions;
any other rulings on disputed portions of the presentence investigation report; identification of those portions of the report in dispute but for which
a court determination is unnecessary because the matter will not affect sentencing or the court will not consider it)
C. 	The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.
Applicable Sentencing Guideline: 	(if more than one guideline applies, list the guideline producing the highest offense level)
II. 	COURT FINDING ON MANDATORY MINIMUM SENTENCE 	(Check all that apply)
A. 	One or more counts of conviction carry a mandatory minimum term of imprisonment and the sentence imposed is at or
above the applicable mandatory minimum term.
B. 	One or more counts of conviction carry a mandatory minimum term of imprisonment, but the sentence imposed is below
a mandatory minimum term because the court has determined that the mandatory minimum term does not apply based on:
findings of fact in this case: 	(Specify)
substantial assistance (18 U.S.C. § 3553(e))
the statutory safety valve (18 U.S.C. § 3553(f))
C. 	No count of conviction carries a mandatory minimum sentence.
III. 	COURT DETERMINATION OF GUIDELINE RANGE: 	(BEFORE DEPARTURES OR VARIANCES)
Total Offense Level: 	23
Criminal History Category: 	II
Guideline Range: 	(after application of §5G1.1 and §5G1.2) 	51 	to 	63 	months
Supervised Release Range: 	1 	to 	3 	years
Fine Range: $ 	20,000.00 	to $ 	200,000.00
Fine waived or below the guideline range because of inability to pay.
Case 4:22-cr-40002-SOH Document 120 Filed 04/03/25 Page 1 of 4 PageID #:
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case 	Not for Public Disclosure
Attachment (Page 2) — Statement of Reasons
DEFENDANT: 	LATRACE SHENAY CORNELIUS
CASE NUMBER: 	4:22CR40002-002
DISTRICT: 	WESTERN DISTRICT OF ARKANSAS
STATEMENT OF REASONS
IV. 	GUIDELINE SENTENCING DETERMINATION 	(Check all that apply)
A. 	The sentence is within the guideline range and the difference between the maximum and minimum of the guideline range
does not exceed 24 months.
B. 	The sentence is within the guideline range and the difference between the maximum and minimum of the guideline range
exceeds 24 months, and the specific sentence is imposed for these reasons: 	(Use Section VIII if necessary)
C. 	The court departs from the guideline range for one or more reasons provided in the 	Guidelines Manual.
(Also complete Section V.)
D. 	The court imposed a sentence otherwise outside the sentencing guideline system (i.e., a variance). 	(Also complete Section VI)
V. 	DEPARTURES PURSUANT TO THE GUIDELINES MANUAL 	(If applicable)
A. 	The sentence imposed departs: 	(Check only one)
above the guideline range
below the guideline range
B. 	Motion for departure before the court pursuant to: (Check all that apply and specify reason(s) in sections C and D)
1. 	Plea Agreement
binding plea agreement for departure accepted by the court
plea agreement for departure, which the court finds to be reasonable
plea agreement that states that the government will not oppose a defense departure motion.
2. 	Motion Not Addressed in a Plea Agreement
government motion for departure
defense motion for departure to which the government did not object
defense motion for departure to which the government objected
joint motion by both parties
3. 	Other
Other than a plea agreement or motion by the parties for departure
C. 	Reasons for departure: 	(Check all that apply)
4A1.3 	Criminal History Inadequacy 	5K2.1 	Death 	5K2.12 	Coercion and Duress
5H1.1 	Age 	5K2.2 	Physical Injury 	5K2.13 	Diminished Capacity
5H1.2 	Education and Vocational Skills 	5K2.3 	Extreme Psychological Injury 	5K2.14 	Public Welfare
5H1.3 	Mental and Emotional Condition 	5K2.4 	Abduction or Unlawful 	5K2.16 	Voluntary Disclosure of
Restraint 	Offense
5H1.4 	Physical Condition 	5K2.5 	Property Damage or Loss 	5K2.17 	High-Capacity, Semiautomatic
Weapon
5H1.5 	Employment Record 	5K2.6 	Weapon 	5K2.18 	Violent Street Gang
5H1.6 	Family Ties and Responsibilities 	5K2.7 	Disruption of Government 	5K2.20 	Aberrant Behavior
Function
5H1.1 	Military Service 	5K2.8 	Extreme Conduct 	5K2.21 	Dismissed and Uncharged
Conduct
5H1.1 	Charitable Service/Good Works 	5K2.9 	Criminal Purpose 	5K2.22 	Sex Offender Characteristics
5K1.1 	Substantial Assistance 	5K2.10 	Victim’s Conduct 	5K2.23 	Discharged Terms of
Imprisonment
5K2.0 	Aggravating/Mitigating 	5K2.11 	Lesser Harm 	5K2.24 	Unauthorized Insignia
Circumstances
5K3.1 	Early Disposition Program
(EDP)
Other Guideline Reason(s) for Departure, to include departures pursuant to the commentary in the 	Guidelines Manual: 	(see “List of
Departure Provisions” following the Index in the Guidelines Manual.) (Please specify)
D. 	State the basis for the departure. 	(Use Section VIII if necessary)
Case 4:22-cr-40002-SOH Document 120 Filed 04/03/25 Page 2 of 4 PageID #:
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case 	Not for Public Disclosure
Attachment (Page 3) — Statement of Reasons
DEFENDANT: 	LATRACE SHENAY CORNELIUS
CASE NUMBER: 	4:22CR40002-002
DISTRICT: 	WESTERN DISTRICT OF ARKANSAS
STATEMENT OF REASONS
VI. COURT DETERMINATION FOR A VARIANCE 	(If applicable)
A. 	The sentence imposed is: 	(Check only one)
above the guideline range
below the guideline range
B. 	Motion for a variance before the court pursuant to: 	(Check all that apply and specify reason(s) in sections C and D)
1. 	Plea Agreement
binding plea agreement for a variance accepted by the court
plea agreement for a variance, which the court finds to be reasonable
plea agreement that states that the government will not oppose a defense motion for a variance
2. 	Motion Not Addressed in a Plea Agreement
government motion for a variance
defense motion for a variance to which the government did not object
defense motion for a variance to which the government objected
joint motion by both parties
3. 	Other
Other than a plea agreement or motion by the parties for a variance
C. 	18 U.S.C. § 3553(a) and other reason(s) for a variance 	(Check all that apply)
The nature and circumstances of the offense pursuant to 18 U.S.C. § 3553(a)(1)
Mens Rea 	Extreme Conduct 	Dismissed/Uncharged Conduct
Role in the Offense 	Victim Impact
General Aggravating or Mitigating Factors 	(Specify)
The history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)
Aberrant Behavior 	Lack of Youthful Guidance
Age 	Mental and Emotional Condition
Charitable Service/Good 	Military Service
Works
Community Ties 	Non-Violent Offender
Diminished Capacity 	Physical Condition
Drug or Alcohol Dependence 	Pre-sentence Rehabilitation
Employment Record 	Remorse/Lack of Remorse
Family Ties and 	Other: (Specify)
Responsibilities
Issues with Criminal History: 	(Specify)
To reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense
(18 U.S.C. § 3553(a)(2)(A))
To afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))
To protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))
To provide the defendant with needed educational or vocational training (18 U.S.C. § 3553(a)(2)(D))
To provide the defendant with medical care (18 U.S.C. § 3553(a)(2)(D))
To provide the defendant with other correctional treatment in the most effective manner (18 U.S.C. § 3553(a)(2)(D))
To avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6)) (Specify in section D)
To provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))
Acceptance of Responsibility 	Conduct Pre-trial/On Bond 	Cooperation Without Government Motion for
Departure	Early Plea Agreement 	Global Plea Agreement
Time Served 	(not counted in sentence) 	Waiver of Indictment 	Waiver of Appeal
Policy Disagreement with the Guidelines 	(Kimbrough v. U.S., 552 U.S. 85 (2007): 	(Specify)
Other: 	(Specify)
D. 	State the basis for a variance. 	(Use Section VIII if necessary)
See Section VIII.
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AO 245B (Rev. 09/19) 	Judgment in a Criminal Case 	Not for Public Disclosure
Attachment (Page 4) — Statement of Reasons
DEFENDANT: 	LATRACE SHENAY CORNELIUS
CASE NUMBER: 	4:22CR40002-002
DISTRICT: 	WESTERN DISTRICT OF ARKANSAS
STATEMENT OF REASONS
VII. 	COURT DETERMINATIONS OF RESTITUTION
A. 	Restitution Not Applicable.
B. 	Total Amount of Restitution: $
C. 	Restitution not ordered: 	(Check only one)
1. 	For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because
the number of identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).
2. 	For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because
determining complex issues of fact and relating them to the cause or amount of the victims’ losses would complicate
or prolong the sentencing process to a degree that the need to provide restitution to any victim would be outweighed
by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).
3. 	For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing
guidelines, restitution is not ordered because the complication and prolongation of the sentencing process resulting
from the fashioning of a restitution order outweigh the need to provide restitution to any victims under 18 U.S.C. §
3663(a)(1)(B)(ii).
4. 	For offenses for which restitution is otherwise mandatory under 18 U.S.C. §§ 1593, 2248, 2259, 2264, 2327 or
3663A, restitution is not ordered because the victim(s)'(s) losses were not ascertainable (18 U.S.C. § 3664(d)(5)).
5. 	For offenses for which restitution is otherwise mandatory under 18 U.S.C. §§ 1593, 2248, 2259, 2264, 2327 or
3663A, restitution is not ordered because the victim(s) elected to not participate in any phase of determining the
restitution order (18 U.S.C. § 3664(g)(1)).
6. 	Restitution is not ordered for other reasons. 	(Explain)
D. 	Partial restitution is ordered for these reasons 	(18 U.S.C. § 3553(c)):
VIII. 	ADDITIONAL BASIS FOR THE SENTENCE IN THIS CASE 	(If applicable)
The Court determined that the applicable guideline range for in this case was excessive and a downward variance to a term of 	46 to
57 months imprisonment was sufficient, but not greater than necessary, to comply with the factors of 18 U.S.C. § 3553(a). 	As for
the nature and circumstances of the offense, the defendant was found in possession of both firearms after 	being convicted of a
felony offense. 	The conduct in this case involved her codefendant and husband’s distribution of methamphetamine from 	their
shared residence. 	The combination of guns and drugs increases the likelihood for violence. 	As for the defendant’s history and
characteristics, she has some criminal history, and she has served a prior term of incarceration in a women’s center within the state
of Texas. These sentences did not seem to have any impact on her 	behavior, based on his commission of these offenses.
Nonetheless, the defendant appeared to have some mental health issues and substance abuse problems; therefore, she would likely
benefit from receiving drug treatment while in the Bureau of Prisons. She 	would also benefit from mental health, educational, and
vocational services while incarcerated. 	The Court took notice of the JSIN data regarding similarly situated defendants. The 	Court
ruled that a term of 48 months was 	sufficient but not greater than necessary to comply with the factors of 18 U.S.C. § 3553(a). This
sentence reflects the seriousness of the offense, promotes respect for the law, and provides just punishment for the offense.
Defendant’s Soc. Sec. No.: 	632-18-9556 	Date of Imposition of Judgment
April 3, 2025
Defendant’s Date of Birth: 	June 16, 1986
/s/ Susan O. Hickey
Defendant’s Mailing Address: 	3011 Linden Avenue 	Signature of Judge
Texarkana, AR 71854
Honorable Susan O. Hickey, Chief U.S. District Judge
Defendant’s Residence Address: 	Same as above 	Name and Title of Judge
Date Signed 	April 3, 2025
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