Guilty Plea Agreement — United States v. Davis (Dkt. 39, E.D. Mo.)

Summary

A guilty plea agreement in United States v. Jada Davis, No. 4:21 CR 148 SRC, in the U.S. District Court for the Eastern District of Missouri, filed October 20, 2021 as Doc. 39. The defendant, represented by Felicia Jones, agrees under Rule 11(c)(1)(A) to plead guilty to Count One of the Indictment, a wire fraud count, and the United States agrees to dismiss Count Two at sentencing. The agreed facts state that on September 10, 2019 Davis entered a store of the Victim Company, a home improvement retailer, in the City of St. Louis and bought eight Visa gift cards totaling $1,721.99 with a fraudulently obtained Visa credit card number. The defendant also agrees to forfeit property subject to forfeiture. The 11-page agreement states that there is no right to withdraw the plea except in limited circumstances.

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Case: 4:21-cr-00148-SRC Doc. #: 39 Filed: 10/20/21 Page: 1 of 11 PageID #: 90




                                UNITED STATES DISTRICT COURT
                                EASTERN DISTRICT OF MISSOURI
                                      EASTERN DIVISION

 UNITED STATES OF AMERICA,                           )
                                                     )
      Plaintiff,                                     )
                                                     )
 v.                                                  )   No. 4:21 CR 148 SRC
                                                     )
 JADA DAVIS,                                         )
                                                     )
      Defendant.                                     )

                                   GUILTY PLEA AGREEMENT

         Come now the parties and hereby agree, as follows:

1. PARTIES:

         The parties are the defendant Jada Davis, represented by defense counsel Felicia Jones,

and the United States of America (hereinafter "United States" or "Government"), represented by

the Office of the United States Attorney for the Eastern District of Missouri. This agreement

does not, and is not intended to, bind any governmental office or agency other than the United

States Attorney for the Eastern District of Missouri. The Court is neither a party to nor bound by

this agreement.

2. GUILTY PLEA:

        a.         The Plea: Pursuant to Rule 11 (c)(1 )(A), Federal Rules of Criminal Procedure, in

exchange for the defendant's voluntary plea of guilty to Count One of the Indictment, the United

States agrees to dismiss Counts Two of the Indictment at the time of sentencing. Moreover, the

United States agrees that no further federal prosecution will be brought in this District relative to

Case: 4:21-cr-00148-SRC Doc. #: 39 Filed: 10/20/21 Page: 2 of 11 PageID #: 91




Defendant's violation of federal laws, known to the United States at this time, arising out of the

events set forth in the Indictment.

        b.       The Sentence: In addition, the parties agree that the U.S. Sentencing Guidelines

Total Offense Level analysis agreed to by the parties herein is the result of negotiation and led, in

part, to the guilty plea. The parties further agree that either party may request a sentence above

or below the U.S. Sentencing Guidelines range (combination of Total Offense Level and

Criminal History Category) ultimately determined by the Court pursuant to any chapter of the

Guidelines and Title 18, United States Code, Section 3553(a). The parties further agree that

notice of any such request will be given no later than ten days prior to sentencing and that said

notice shall specify the legal and factual bases for the request.

       The defendant also agrees, pursuant to the guilty plea to Count One, to forfeit to the

United States all property subject to forfeiture under the applicable statute(s).

3. ELEMENTS:

       The defendant admits to knowingly violating Title 18, United States Code, Section 1343,

and admits there is a factual basis for the plea and further fully understands that the elements of

the crime are:

       One, the defendant voluntarily and intentionally devised a scheme to obtain money or

property by means of material misrepresentations, as described in Count One;

        Two, the defendant did so with the intent to defraud;

       Three, the defendant used, or caused to be used, an interstate wire communication in

furtherance of, or in an attempt to carry out, some essential step in the scheme;




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4. FACTS:

       The parties agree that the facts in this case are as follows and that the government would

prove these facts beyond a reasonable doubt if the case were to go to trial. These facts may be

considered as relevant conduct pursuant to Section lB 1.3:

       Victim Company is one of the largest home improvement retailers in the United States.

Customers are permitted to make payments using credit cards, gift cards, store credits, and cash.

Customers using a credit card present the credit card for payment at the point of sale. The credit

cards may be presented physically or through a mobile device. The credit card details are sent to

the merchant processing bank through a wire transmission. The merchant bank then transfers the

credit card details to the credit card network. The credit card network clears the payment and

request payment authorization from the issuing bank.

       On September 10, 2019, defendant Jada Davis ("Davis") entered the Victim Store located

at 932 Loughborough A venue in the City of St. Louis within the Eastern District of Missouri.

While inside, Davis purchased eight Visa gift cards totaling $1,721.99 with fraudulently obtained

Visa credit card number ending in 4161 and issued to J .F. The transaction caused to be transmitted

by means of wire communication in interstate commerce the signals and sounds from the Victim

Store located in St. Louis, Missouri to the Chase Bank Paymentech outside the State of Missouri.

       From August 2019 through October 2019, Davis and two other individuals personally

entered various Victim Company stores and presented stolen credit card information on their

mobile devices to be scanned by the cashier and or manually input into the Victim Company's

point of sale system to purchase merchandise and gift cards. Each time there was a credit card

transaction within this scheme, it would generate a wire transmission between the retailer and the


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merchant processing bank. Davis personally made 99 purchases using 60 different stolen credit

card numbers. The transactions were completed at different stores on multiple dates in 10 states.

        The fraudulent transactions caused by Davis and her confederates at Victim Company

stores as a part of the wire fraud scheme caused an actual loss to Victim Company in the amount

of $70,430.21.

5. STATUTORY PENALTIES:

        The defendant fully understands that the maximum possible penalty provided by law for

the crime to which the defendant is pleading guilty is imprisonment of not more than 20 years, a

fine of not more than $250,000, or both such imprisonment and fine. The Court may also impose

a period of supervised release of not more than 3 years.

6. U.S. SENTENCING GUIDELINES: 2018 MANUAL:

        The defendant understands that this offense is affected by the U.S. Sentencing Guidelines

and the actual sentencing range is determined by both the Total Offense Level and the Criminal

History Category. The parties agree that the following are the applicable U.S. Sentencing

Guidelines Total Offense Level provisions.

        a. Chapter 2 Offense Conduct:

        (1) Base Offense Level: The parties agree that the base offense level is 7, as found in

Section 2B 1.1 (a)(l ).

        (2) Specific Offense Characteristics: The parties agree that the following Specific

Offense Characteristics apply: 6 levels should be added pursuant to Section 2Bl.l(b)(l)(d)

because the loss in this matter is more than $40,000 but not more than $95,000.

        b. Chapter 3 Adjustments:


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               (1) Acceptance of Responsibility: The parties agree that two (2) levels should

be deducted pursuant to Section 3El. l(a), because the defendant has clearly demonstrated

acceptance of responsibility. The parties agree that the defendant's eligibility for this deduction

is based upon information presently known. If subsequent to the taking of the guilty plea the

government receives new evidence of statements or conduct by the defendant which it believes

are inconsistent with defendant's eligibility for this deduction, the government may present said

evidence to the court, and argue that the defendant should not receive all or part of the deduction

pursuant to Section 3El .1, without violating the plea agreement.

       d. Estimated Total Offense Level: The parties estimate that the Total Offense Level is

eleven (11).

       e. Criminal History: The determination of the defendant's Criminal History Category

shall be left to the Court. Either party may challenge, before and at sentencing, the finding of the

Presentence Report as to the defendant's criminal history and the applicable category. The

defendant's criminal history is known to the defendant and is substantially available in the

Pretrial Services Report.

       f. Effect of Parties' U.S. Sentencing Guidelines Analysis: The parties agree that the

Court is not bound by the Guidelines analysis agreed to herein. The parties may not have

foreseen all applicable Guidelines. The Court may, in its discretion, apply or not apply any

Guideline despite the agreement herein and the parties shall not be permitted to withdraw from

the plea agreement.




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7. PARTIAL WAIVER OF APPEAL AND POST-CONVICTION RIGHTS:

        a. Appeal: The defendant has been fully apprised by defense counsel of the defendant's

rights concerning appeal and fully understands the right to appeal the sentence under Title 18,

United States Code, Section 3742.

                (1) Non-Sentencing Issues: The parties waive all rights to appeal all non-

jurisdictional, non-sentencing issues, including, but not limited to, any issues relating to pretrial

motions, discovery, the guilty plea, the constitutionality of the statute(s) to which defendant is

pleading guilty and whether defendant's conduct falls within the scope of the statute(s).

               (2) Sentencing Issues: In the event the Court accepts the plea and, after

determining a Sentencing Guidelines range, sentences the Defendant within or below that range,

then, as part of this agreement, the Defendant hereby waives all rights to appeal all sentencing

issues other than Criminal History, as it relates to both base offense level and criminal history

category. Similarly, the United States hereby waives all rights to appeal all sentencing issues

other than Criminal History, provided the Court accepts the plea, determines a Sentencing

Guidelines range, and sentences the Defendant within or above that range.

       b. Habeas Corpus: The defendant agrees to waive all rights to contest the conviction or

sentence in any post-conviction proceeding, including one pursuant to Title 28, United States

Code, Section 2255, except for claims of prosecutorial misconduct or ineffective assistance of

counsel.

       c. Right to Records: The defendant waives all rights, whether asserted directly or by a

representative, to request from any department or agency of the United States any records

pertaining to the investigation or prosecution of this case, including any records that may be


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sought under the Freedom oflnformation Act, Title 5, United States Code, Section 522, or the

Privacy Act, Title 5, United States Code, Section 552(a).

8. OTHER:

        a. Disclosures Required by the United States Probation Office: The defendant agrees

to truthfully complete and sign forms as required by the United States Probation Office prior to

sentencing and consents to the release of these forms and any supporting documentation by the

United States Probation Office to the government.

        b. Civil or Administrative Actions not Barred; Effect on Other Governmental

Agencies: Nothing contained herein limits the rights and authority of the United States to take

any civil, tax, immigration/deportation or administrative action against the defendant.

        c. Supervised Release: Pursuant to any supervised release term, the Court will impose

standard conditions upon the defendant and may impose special conditions related to the crime

defendant committed.     These conditions will be restrictions on the defendant to which the

defendant will be required to adhere. Violation of the conditions of supervised release resulting

in revocation may require the defendant to serve a term of imprisonment equal to the length of

the term of supervised release, but not greater than the term set forth in Title 18, United States

Code, Section 3583(e)(3), without credit for the time served after release. The defendant

understands that parole has been abolished

       d. Mandatory Special Assessment: Pursuant to Title 18, United States Code, Section

3013, the Court is required to impose a mandatory special assessment of $100 per count for a

total of $100, which the defendant agrees to pay at the time of sentencing. Money paid by the




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defendant toward any restitution or fine imposed by the Court shall be first used to pay any

unpaid mandatory special assessment.

        e. Possibility of Detention: The defendant may be subject to immediate detention

pursuant to the provisions of Title 18, United States Code, Section 3143. Based on the presently

available information the Government does not intend to move for detention.

       f. Fines, Restitution and Costs of Incarceration and Supervision: The Court may

impose a fine, restitution (in addition to any penalty authorized by law), costs of incarceration

and costs of supervision. The defendant agrees that any fine or restitution imposed by the Court

will be due and payable immediately. Pursuant to Title 18, United States Code, Section 3663A,

an order of restitution is mandatory for all crimes listed in Section 3663A(c). Regardless of the

Count of conviction, the amount of mandatory restitution imposed shall include all amounts

allowed by Section 3663A(b) and the amount of loss agreed to by the parties, including all

relevant conduct loss. The defendant agrees to provide full restitution to all victims of all

charges in the indictment.

       g. Forfeiture: The defendant agrees the Court may enter a consent preliminary order of

forfeiture any time before sentencing, and such Order will become final as to the defendant when

it is issued and will be part of the sentence. The defendant agrees not to object to any

administrative, civil or criminal forfeiture brought against any assets subject to forfeiture. The

defendant will execute any documents and take all steps needed to transfer title or ownership of

said assets to the government and/or to rebut the claims of nominees and/or alleged third party

owners. The defendant knowingly and intelligently waives all constitutional and statutory




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challenges to any forfeiture carried out in accordance with this plea agreement, including but not

limited to that defendant was not given adequate notice of forfeiture in the charging instrument.

        The defendant knowingly and voluntarily waives any right, title, and interest in all items

seized by law enforcement officials during the course of their investigation, whether or not they

are subject to forfeiture, and agrees not to contest the vesting of title of such items in the United

States. The defendant agrees that said items may be disposed of by law enforcement officials in

any manner.

9. ACKNOWLEDGMENT AND WAIVER OF THE DEFENDANT'S RIGHTS:

        In pleading guilty, the defendant acknowledges, fully understands and hereby waives his

rights, including but not limited to: the right to plead not guilty to the charges; the right to be

tried by a jury in a public and speedy trial; the right to file pretrial motions, including motions to

suppress or exclude evidence; the right at such trial to a presumption of innocence; the right to

require the government to prove the elements of the offenses against the defendant beyond a

reasonable doubt; the right not to testify; the right not to present any evidence; the right to be

protected from compelled self-incrimination; the right at trial to confront and cross-examine

adverse witnesses; the right to testify and present evidence and the right to compel the attendance

of witnesses. The defendant further understands that by this guilty plea, the defendant expressly

waives all the rights set forth in this paragraph.

        The defendant fully understands that the defendant has the right to be represented by

counsel, and if necessary, to have the Court appoint counsel at trial and at every other stage of

the proceeding. The defendant's counsel has explained these rights and the consequences of the

waiver of these rights. The defendant fully understands that, as a result of the guilty plea, no trial


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 will, in fact, occur and that the only action remaining to be taken in this case is the imposition of

 the sentence.

         The defendant is fully satisfied with the representation received from defense counsel.

 The defendant has reviewed the government's evidence and discussed the government's case and

 all possible defenses and defense witnesses with defense counsel. Defense counsel has

 completely and satisfactorily explored all areas which the defendant has requested relative to the

 government's case and any defenses.

         The guilty plea could impact defendant's immigration status or result in deportation. In

 particular, if any crime to which defendant is pleading guilty is an "aggravated felony" as defined

 by Title 8, United States Code, Section 1101(a)(43), removal or deportation is presumed

 mandatory. Defense counsel has advised the defendant of the possible immigration

 consequences, including deportation, resulting from the plea.

 10. VOLUNTARY NATURE OF THE GUILTY PLEA AND PLEA AGREEMENT:

        This document constitutes the entire agreement between the defendant and the

 government, and no other promises or inducements have been made, directly or indirectly, by

 any agent of the government, including any Department of Justice attorney, concerning any plea

 to be entered in this case. In addition, the defendant states that no person has, directly or

 indirectly, threatened or coerced the defendant to do or refrain from doing anything in

 connection with any aspect of this case, including entering a plea of guilty.

        The defendant acknowledges having voluntarily entered into both the plea agreement and

 the guilty plea. The defendant further acknowledges that this guilty plea is made of the

 defendant's own free will and that the defendant is, in fact, guilty.


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  11. CONSEQUENCES OF POST-PLEA MISCONDUCT:

         After pleading guilty and before sentencing, if defendant commits any crime, other than

 minor traffic offenses, violates any condition of release that results in revocation, violates any

 term of this guilty plea agreement, intentionally provides misleading, incomplete or untruthful

 information to the U.S. Probation Office or fails to appear for sentencing, the United States, at its

 option, may be released from its obligations under this agreement. The Government may also, in

 its discretion, proceed with this agreement and may advocate for any sentencing position

 supported by the facts, including but not limited to obstruction of justice and denial of

 acceptance of responsibility.

 12. NO RIGHT TO WITHDRAW GUILTY PLEA:

 Pursuant to Rule 1 l(c) and (d), Federal Rules of Criminal Procedure, the defendant understands

 that there will be no right to withdraw the plea entered under this agreement, except where the

 Court rejects those portions of the plea agreement which deal with charges the government

 agrees to dismiss or not to bring.



                                                       Assistant United States Attorney



 1q/2 o/ I
    I      I
               :l-
        Date                                           JADA DAVIS
                                                       Defendant




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