United States v. Damara Holness — Plea Agreement, Southern District of Florida (Document 16)

Summary

A plea agreement between the United States Attorney's Office for the Southern District of Florida and defendant Damara Holness in Case No. 0:21-cr-60229-RAR, in the U.S. District Court for the Southern District of Florida, entered on the docket November 3, 2021 as Document 16. Holness agrees to plead guilty to Count 1 of the Information, conspiracy to commit wire fraud under 18 U.S.C. § 1349. The agreement states a statutory maximum of twenty (20) years imprisonment, up to three (3) years of supervised release, a fine of up to $250,000 and possible restitution. The office agrees to recommend a two-level reduction for acceptance of responsibility, and Holness waives the right to appeal the sentence except in the circumstances listed. The five-page agreement closes with a signature block for Acting United States Attorney Juan Antonio Gonzalez.

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Full text

Case 0:21-cr-60229-RAR Document 16 Entered on FLSD Docket 11/03/2021 Page 1 of 5




                               UNITED STA TES DISTRICT COURT
                               SOUTHERN DISTRICT OF FLORIDA
                                CASE NO.        ;;i I - (oOadC\- C(l- (ZAf2.-

   UNITED STATES OF AMERICA

   v.

   DAMARA HOLNESS,

                          Defendant.
   ---------------I
                                           PLEA AGREEMENT

            The United States Attorney's Office for the Southern District of Florida ("this Office")

    and Damara Holness (hereinafter referred to as the "defendant'') enter into the following

    agreement:

            1.    The defendant agrees to plead guilty to Count 1 of the Information, which charges

    the defendant with Conspiracy to Commit Wire Fraud, in violation of Title, 18 U.S.C. § 1349.

            2.    The defendant is aware that the sentence will be imposed by the Court after

    considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter

    "Sentencing Guidelines").     The defendant acknowledges and understands that the Court will

    compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines

    will be determined by the Court relying in part on the results of a pre-sentence investigation by the

    Court's probation office, which investigation will commence after the guilty plea has been

    entered. The defendant is also aw~re that, under certain circumstances, the Court may depart

    from the advisory sentencing guideline range that it has computed and may raise or lower that

    advisory sentence under the Sentencing Guidelines.          The defendant is further aware and
Case 0:21-cr-60229-RAR Document 16 Entered on FLSD Docket 11/03/2021 Page 2 of 5




    understands that the Court is required to consider the advisory guideline range determined under

    the Sentencing Guidelines, but is not bound to impose a sentence within that advisory range; the

    Court is permitted to tailor the ultimate sentence in light of other statutory concerns, and such

    sentence may be either more severe or less severe than the Sentencing Guidelines' advisory

    range. Knowing these facts , the defendant understands and acknowledges that the Court has

    the authority to impose any sentence within and up to the statutory maximum authorized by law

    for the offense identified in paragraph l and that the defendant may not withdraw the plea solely

    as a result of the sentence imposed.

            3.   The defendant also understands and acknowledges that the Court may impose a

    statutory maximum term of twenty (20) years imprisonment, followed by a term of supervised

    release of up to three (3) years and the Court may order restitution. In addition to a term of

    imprisonment and supervised release, the Court may impose a fine of up to $250,000.

           4.    The defendant further understands and acknowledges that, in addition to any

    sentence imposed under paragraph 3 of this agreement, a special assessment in the amount of

    $ I 00 will be imposed on the defendant.     The defendant agrees that any special assessment

    imposed shall be paid at the time of sentencing. If the defendant is financially unable to pay

    the special assessment, the defendant agrees to present evidence to this Office and the Court at

    the time of sentencing as to the reasons for the defendant's failure to pay.

           5.    This Office reserves the right to inform the Court and the probation office of all

    facts pertinent to the sentencing process, including all relevant information concerning the

    offenses committed, whether charged or not, as well as concerning the defendant and the

    defendant's background.     Subject only to the express terms of any agreed-upon sentencing


                                                    2
Case 0:21-cr-60229-RAR Document 16 Entered on FLSD Docket 11/03/2021 Page 3 of 5




    recommendations contained in this agreement, this Office further reserves the right to make any

    recommendation as to the quality and quantity of punishment.

            6.   This Office agrees that it will recommend at sentencing that the Court reduce by

   two levels the sentencing guideline level applicable to the defendant's offense, pursuant to

   Section 3El.l(a) of the Sentencing Guidelines, based upon the defendant's recognition and

   affirmative and timely acceptance of personal responsibility.      lf at the time of sentencing the

   defendant's offense level is determined to be 16 or greater, this Office will fi1e a motion requesting

   an additional one level decrease pursuant to Section 3E 1.1(b) of the Sentencing Guidelines, stating

   that the defendant has assisted authorities in the investigation or prosecution of the defendant's

   own misconduct by timely notifying authorities of the defendant' s intention to enter a plea of

   guilty, thereby permitting the government to avoid preparing for trial and permitting the

   government and the Court to allocate their resources efficiently. This Office, however, will not

   be required to make this motion or this recommendation, if the defendant: (1) fails or refuses to

   make a full , accurate and complete disclosure to the probation office of the circumstances

   surrounding the relevant offense conduct: (2) is found to have misrepresented facts to the

   government prior to entering into this plea agreement; or (3) commits any misconduct after

   entering into this plea agreement, including but not limited to, committing a state or federal

   offense, violating any term of release, or making false statements or misrepresentations to any

   governmental entity or official.

          7. The defendant is aware that the sentence bas not yet been determined by the Court.

   The defendant also is aware that any estimate of the probable sentencing range or sentence that the

   defendant may receive, whether that estimate comes from the defendant's attorney, this Office, or



                                                     3
Case 0:21-cr-60229-RAR Document 16 Entered on FLSD Docket 11/03/2021 Page 4 of 5




   the probation office, is a prediction, not a promise, and is not binding on this Office, the probation

   office or the Court. The defendant understands further that any recommendation that this Office

   makes to the Court as to sentencing, whether pursuant to this agreement or otheiwise, is not binding

   on the Court and the Court may disregard the recommendation in its entirety.          The defendant

   understands and acknowledges, as previously acknowledged in paragraph 2 above, that the

   defendant may not withdraw his plea based upon the Cowt's decision not to accept a sentencing

   recommendation made by the defendant, the government, or a recommendation made jointly by

   both the defendant and the government.

            8.    The defendant is aware that Title 18, United States Code, Section 3742 and Title

    28, United States Code, Section 1291 afford the defendant the right to appeal the sentence

    imposed in this case.    Acknowledging this, in exchange for the undertakings made by the

    United States in this plea agreement, the defendant hereby waives all rights conferred by Sections

    3742 and 1291 to appeal any sentence imposed, including any restitution order, or to appeal the

    manner in which the sentence was imposed, unless the sentence exceeds the maximum permitted

    by statute or is the result of an upward departure and/or an upward variance from the advisory

    guideline range that the Court establishes at sentencing.   The defendant further understands that

    nothing in this agreement shall affect the government's right and/or duty to appeal as set forth in

    Title 18, United States Code, Section 3742(b) and Title 28, United States Code, Section 1291.

    However, if the United States appeals the defendant's sentence pursuant to Sections 3742(b) and

    1291 , the defendant shall be released from the above waiver of appellate rights.   By signing this

    agreement, the defendant acknowledges that the defendant has discussed the appeal waiver set

    forth in this agreement with the defendant's attorney.



                                                    4
Case 0:21-cr-60229-RAR Document 16 Entered on FLSD Docket 11/03/2021 Page 5 of 5




           9.     This is the entire agreement and understanding between this Office and the

    defendant. There are no other agreements, promises, representations, or understandings.



                                                       JUAN ANTONIO GONZALEZ
                                                       ACTING UNITED STATES ATTORNEY


   Date:    11 ~ ) -). )               By:




   Date:   l f. L· 1- I                By:
                                                               Robinson


   Date:   lO- Cf- -2 I                By:
                                               ~                            t

                                                       Damara Holness
                                                       Defendant




                                                   5


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