Defendant's Sentencing Memorandum — United States v. Desmond Dondre Williams (M.D. Fla.)

Record facts

U.S. District Court, Middle District of Florida · No. 3:22-cr-00134-HLA-MCR · Doc. 35 · 2023-07-11 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
JACKSONVILLE DIVISION 
 
UNITED STATES OF AMERICA 
 
v.  
     Case No. 3:22-CR-134-HLA-MCR 
 
DESMOND DONDRE WILLIAMS 
_________________________________________________________________________ 
 
SENTENCING MEMORANDUM 
 
 
The Defendant, DESMOND WILLIAMS, by and through the 
undersigned counsel, moves this Court impose a non-incarceration sentence, 
with monthly restitution schedule as part of the conditions of probation.1 
NATURE AND CIRCUMSTANCES OF OFFENSE 
Just over three years ago, the world turned upside down.  Like 9/11 will 
always be a historical turning point in American history, so too will the 
COVID-19 global pandemic. In response to the business shutdowns, the 
government implemented the Paycheck Protection Program (“PPP”), a loan 
backed by the Small Business Administration to help businesses keep their 
workforce employed during the COVID-19 crisis. Although entitled a loan, the 
plan envisioned forgiveness if the proceeds were spent on payroll costs and 
other eligible expenses.   
When the Paycheck Protection Program launched during the pandemic 
 
1 Mr. Williams’s letter to the Court is attached as Exhibit A.  
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shutdowns of spring 2020, it immediately became a chaotic free-for-all.2  The 
program offered simple-to-get, potentially forgivable government loans to 
small businesses. Yet billions of dollars went to companies owned by wealthy 
celebrities, including Tom Brady and Khloe Kardashian, and companies that 
thrived during COVID, like many manufacturing and construction firms.  Id. 
Government officials acknowledge that the program was rife with fraud 
and did not weed out undeserving applicants. In the frenzied early days of 
COVID, as PPP was created in great haste to keep businesses from potentially 
collapsing, the loans were simple to get: Companies simply had to pledge that 
the economic threat of the pandemic made the funding necessary.  Id.  
Many people soon created false business documents to submit as the 
basis for a PPP loan. Mr. Williams saw others doing so and made the fateful 
decision that led him to be in this courtroom. He gave his identifying 
information to a woman he knew.  She helped create the necessary forms for 
the loan.  The plan was that Mr. Williams would receive the loans and then 
pay her part of the proceeds.  The two loan applications occurred only three 
days apart.   
HISTORY AND CHARACTERISTICS OF MR. WILLIAMS 
Mr. Williams is a likable affable young man who wants to be a leader in 
 
2 How the Paycheck Protection Program went from Good intentions to a huge free-for all,” NPR, January 9, 2023, 
by Sacha Pfeifffer and Austin Fast, https://health.wusf.usf.edu/2023-01-09/how-the-paycheck-protection-program-
went-from-good-intentions-to-a-huge-free-for-all, last accessed July 11, 2023.   
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the community.  The Court can see from the letters of support that he does not 
just talk the talk but he walks the walk:  “involvement in community initiatives 
that focus on the youth,” “a strong sense of duty,” “astounding person” and 
“love of community,” and “heart of gold.”3 
Mr. Williams’s accomplishments come in spite of the fact that he could 
have easily become a lost soul or a statistic in the worst way.  His biological 
mother suffered from serious substance abuse issues and his biological father 
was largely absent from his life. He was adopted by other family members who 
gave him a sense of love and security that has carried him forward. He is 
imparting to his own children the same sense of love and security. 
ADVISORY SENTENCING GUIDELINES RANGE 
AND KINDS OF SENTENCES AVAILABLE  
 
 
The PSR has calculated the offense level as: 
 
 
base offense level  
 
 
 
7 
 
 
loss ($15,000 to $40,000) 
 
 
4 
 
 
acceptance of responsibility 
 
 
-2 
 
 
Total Offense Level 
 
 
 
 9 
 
Mr. Williams would suggest that the Court consider whether the PSR 
overstates his criminal history. Mr. Williams received three criminal history 
points:  the first two were due to marijuana cases from 2011.  Since he received 
 
3 See Exhibit B, attached letters of support for full letters.   
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probationary sentences in both of those cases, they came very near to being 
aged out of the criminal history scoring. The misdemeanor conviction in 
paragraph 29 was merely days from being too old to include in the criminal 
history calculation: the sentence occurred 9 years, 11 months, 9 days before the 
instant offense conduct.   
 
Even with criminal history category II, Mr. Williams’s advisory 
sentencing range (6 to 12 months) falls within Zone B of the sentencing table, 
which provides the court with additional, non-incarceration options for this 
sentencing.  Under 18 U.S.C. §3582, the court is directed that “in determining 
whether to impose a term of imprisonment, and, if a term of imprisonment is 
to be imposed, the length of the term” it shall “consider the factors set forth in 
section 3553(a) to the extent that they are applicable, recognizing that 
imprisonment is not an appropriate means of promoting correction or 
rehabilitation.”  Mr. Williams would suggest that a review of the §3553 factors 
supports his request for a probationary sentence. 
CONCLUSION 
Mr. Williams asks the Court for the chance to prove himself worthy of 
mercy and a chance to continue growing from his mistakes.  Mr. Williams has 
been on bond since October 18, 2022, and has been on community control (strict 
probation) in state court during that same period. He has done so well on his 
community control that the probation officer in state court agreed to a 
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modification to simple probation. During his entire time of pre-trial 
supervision, Mr. Williams has maintained a stable residence, steady 
employment, and has reported in as directed by Pre-trial Services. He has also 
completed all necessary drug tests with no positive results. Williams is 
attending substance abuse programming at Meridian in Lake City, Florida, 
and has found the counseling to be beneficial.  (PSR, ¶52).  If the Court looks 
to his pattern of conduct while on bond, it will be assured of both his ability 
and willingness to follow the Court’s directions.   
 
Dated: July 11, 2023. 
 
 
 
 
 
 
 
A. FITZGERALD HALL 
FEDERAL DEFENDER, MDFL 
 
/s/ Lisa Call 
 
 
 
 
Lisa Call, Esq.  
Assistant Federal Defender 
Florida Bar No. 0896144 
Assistant Federal Public Defender 
200 West Forsyth Street, Suite 1240 
Jacksonville, FL 32202 
Telephone: (904) 232-3039 
Fax: (904) 232-1937 
Lisa_call@fd.org 
 
 
 
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CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that a copy of the foregoing Sentencing 
Memorandum, has been furnished by electronic notification to, Assistant 
United States Attorney, 300 N. Hogan St, Suite 700 Jacksonville, Florida 
32202, this 21st day of March, 2023. 
 
/s/ Lisa Call 
 
 
 
                    
Lisa Call, Esq.  
Assistant Federal Defender 
 
Case 3:22-cr-00134-HLA-MCR     Document 35     Filed 07/11/23     Page 6 of 6 PageID 135

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