United States v. Curtis Devaughn Holmes — Plea Agreement, Middle District of Georgia (Document 23)
Summary
Plea Agreement between the United States Attorney for the Middle District of Georgia and Defendant Curtis Devaughn Holmes in Case No. 5:25-CR-53-MTT-CHW, Macon Division. Defendant agrees to plead guilty to Count 3 of the Indictment, which charges making a false statement, carrying a maximum sentence of five years imprisonment, a maximum fine of $250,000.00, or both, and a term of supervised release of one year, plus a mandatory assessment of $100.00 per count. The agreement includes a waiver of appeal rights with stated exceptions. The parties agree that restitution is due to the United States in the amount of $20,675.76. The stipulation states that, as a result of Defendant's misrepresentations, Prestamos requested loan forgiveness for $20,582 from the SBA.
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“United States v. Curtis Devaughn Holmes — Plea Agreement, Middle District of Georgia (Document 23).”
Original at ecf.gamd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plea-agreement-united-states-of-america-v-holmes-dkt-23-78775d68db/
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I Case 5:25-cr-00053-MTT-CHW Document 23 Filed 02/17/26 Page 1 of 15
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
UNITED STATES OF AMERICA ..
A
....,.
v. CASE NO. 5:25-CR-53-MTT-CHW
CURTIS DEVAUGHN HOLMES
Defendant.
PLEA AGREEMENT
The United States Attorney for the Middle District of Georgia ("United States") and
Defendant Curtis Devaughn Holmes enter into this plea agreement, agreeing as follows:
(I)
Defendant acknowledges that Defendant has reviewed and discussed the Indictment
against Defendant in this matter with Defendant's attorney and Defendant's attorney has explained
to Defendant his/her understanding of the United States' evidence.
(2)
Defendant understands that Defendant is not required to plead guilty, and that Defendant
has the right to plead not guilty and to elect instead to be tried by a jury. Defendant understands
that at a jury trial Defendant would enjoy a presumption of innocence, and that the United States
would have the burden of proving Defendant's guilt beyond a reasonable doubt. Defendant
understands that Defendant would be entitled to the services of an attorney at all stages of such a
trial. Defendant understands that Defendant would be entitled to confront and to cross-examine
the United States' witnesses, and to present witnesses and evidence in Defendant's own behalf.
Defendant understands that Defendant would have the right to testify in Defendant's own behalf,
Case 5:25-cr-00053-MTT-CHW Document 23 Filed 02/17/26 Page 2 of 15
but that Defendant could not be compelled to do so. Defendant has discussed these rights with
Defendant's attorney. Defendant knowingly and voluntarily waives Defendant's right to plead not
guilty and to proceed to trial.
The United States and Defendant understand and agree that the Court should consider its
sentence in light of the advisory United States Sentencing Guidelines. Defendant therefore agrees
that at sentencing the Court may determine any fact pertinent to Defendant's sentence by a
preponderance of the evidence and the Court may consider any reliable information, including
hearsay. Defendant expressly waives any claim ofright to an indictment, trial by jury, and/or proof
beyond a reasonable doubt on any factual determinations that pertain to the sentence to be imposed
by the Court in this case.
(3)
Being fully cognizant of Defendant's rights, and in exchange for the considerations to be
made by the United States as set forth in Paragraph (4) below, Defendant agrees pursuant to
Federal Rule of Criminal Procedure 1 l(c)(l)(A), as follows:
(A) Defendant is guilty and will knowingly and voluntarily enter a plea of guilty to
Count 3 of the Indictment which charges Defendant with making a false statement in violation of
Title 18, United States Code, Section I 00 I (a)(3).
(B) Defendant fully understands that Defendant's plea of guilty as set forth 111
Subparagraph (A), above, will subject Defendant to the following penalties on Count 3:
• a maximum sentence of five years imprisonment;
• a maximum fine of $250,000.00, or both; and
• a term of supervised release of one year.
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Defendant further acknowledges that the Court is required to impose a mandatory assessment of
$100.00 per count.
(C) Defendant acknowledges and understands that the Court is not bound by any
estimate of the probable sentencing range that Defendant may have received from Defendant' s
attorney, the United States, or the Probation Office. Defendant further acknowledges and agrees
that Defendant will not be allowed to withdraw Defendant's plea on the ground that Defendant
received an estimated guideline range from the United States, Defendant's attorney, or the
Probation Office which is different from the guideline range computed by the Probation Office in
the Presentence Investigation Report or different from the guideline range found by the Court to
be the correct guideline range.
(D) Defendant understands fully and has discussed with Defendant 's attorney that the
Court will not be able to determine the appropriate guideline sentence until after a Presentence
Investigation Report has been completed. Defendant understands and has discussed with
Defendant's attorney that Defendant will have the opportunity to review the Presentence
Investigation Report and to object to and challenge any facts reported therein. Defendant
understands and has discussed with Defendant's attorney that any objections or challenges by
Defendant or Defendant's attorney to the facts or recommendations presented in the Presentence
Investigation Report or any disagreement with the Court's rulings on such objections or challenges
will not be grounds for withdrawing the plea of guilty. Nothing in this agreement precludes the
United States from providing full and accurate information to the Court and the Probation Office
for use in calculating the advisory guideline range applicable to Defendant.
(E) Defendant understands and has discussed with Defendant's attorney that after the
Court determines the advisory guideline range applicable to Defendant, the Court has the
3
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discretion and authority to impose a sentence that is more severe or less severe than the sentence
recommended by the guidelines.
Waiver of Appeal Rights and Right of Collateral Attack
(F) Although 18 U.S.C. § 3742 authorizes defendants to appeal their sentences under
certain circumstances, Defendant knowingly and voluntari ly waives any right to appeal
Defendant's sentence, including the amount of any restitution imposed as part of Defendant's
sentence. Defendant's sentence appeal waiver does not apply if: (I) the Court imposes a sentence
that exceeds the advisory guideline range as that range has been calculated by the Court at the time
of sentencing; (2) the Court imposes a sentence that exceeds the statutory maximum; or (3) the
United States appeals Defendant's sentence under the authority of 18 U.S.C. § 3742(b). Nothing
in this agreement shall deprive the United States of its right to appeal Defendant' s sentence, as
authorized by 18 U.S.C. § 3742(b). If, however, the United States appeals Defendant's sentence
pursuant to this statute, Defendant is released from Defendant's ·waiver of Defendant's right to
appeal altogether.
Defendant waives any right to collaterally attack Defendant's conviction and sentence
under 28 U.S.C. § 2255, or to bring any other collateral attack, except that Defendant shall retain
the right to bring a claim of ineffective assistance of counsel. This provision shall not bar the filing
of a petition for writ of habeas corpus, as permitted by 28 U.S.C. § 2241.
Defendant waives any right to file a motion for modification of sentence, including under
18 U.S.C. § 3582(c)(2), except in the event of a future retroactive amendment to the sentencing
guidelines which would affect Defendant' s sentence. Nothing in this paragraph is intended to limit
the Defendant's right to file a motion for compassionate release pursuant to 18 U.S.C.
§ 3582(c)(l)(A).
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Defendant understands and acknowledges that the waivers outlined herein may result in
the dismissal of any appeal or collateral attack Defendant might file challenging Defendant's
conviction or sentence. If Defendant files a notice of appeal or collateral attack, notwithstanding
this agreement, Defendant agrees that this case shall, upon motion of theUnited States, be
remanded to the Court to determine whether Defendant is in breach of this agreement and, if so,
to permit the United States to withdraw from the plea agreement.
(G) Defendant agrees to provide complete, candid, and truthful statements to law
enforcement officers regarding Defendant's involvement and the involvement of all others
involved in the charges alleged in the present Indictment as well as any and all criminal violations
about which Defendant has knowledge or information and that such information provided will be
pursuant to and covered by this agreement. Defendant further agrees to provide complete, candid,
and truthful testimony regarding such matters in any proceeding. Defendant understands that this
agreement does not require Defendant to implicate any particular individual or individuals or to
"make a case." Rather, this agreement requires Defendant to be truthful and to testify truthfully
whenever cal led upon.
(H) Federal Rule of Criminal Procedure 11 (f) and Federal Rule of Evidence 4 I 0
ordinarily limit the admissibility of statements made by a defendant during the course of plea
discussions or plea proceedings. Defendant knowingly and voluntarily waives the protections of
these rules by entering into this plea agreement. If, after entering into this plea agreement,
Defendant fails to plead guilty, or the plea of guilty is later withdrawn, Defendant's statements in
connection with this plea, including the stipulation of fact set forth below in paragraph (8), and
any leads derived therefrom, shall be admissible for any and all purposes.
5
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(I) Defendant further agrees that all evidence, except biological evidence as defined in
18 U.S.C. § 3600A, if any, obtained in this investigation and prosecution may be destroyed or
returned to its rightful owner at the conclusion of this case.
(J) The United States and Defendant hereby agree that any breach of this agreement
by Defendant ~ccasioned by a failure to cooperate, by withholding information, giving of false
information, peijury, or failure to testify in any judicial proceeding in connection with the
individuals, matters, and transactions referred to in the Indictment, would: (a) not relieve
Defendant of Defendant's plea of gu ilty; (b) permit the United States to reinstate and proceed with
prosecution on any other charges arising from the matters referred to in this Indictment; (c) permit
the United States to instigate and proceed with the prosecution of any other offenses arising from
a breach of this agreement, including pe1jury, false declaration, fa lse statement, and/or obstruction
of justice; and (d) permit the United States to utilize against Defendant in any subsequent judicial
proceeding any and all statements made by Defendant. If a legitimate issue arises as to whether or
not there has been a breach of this agreement, said question shall be determined by the United
States District Court for the Middle District of Georgia. The burden of establishing such a breach
shall be upon the United States and shall be established by a preponderance of the evidence. The
Federal Rules of Evidence shall not apply in any hearing to establ ish such a breach, but evidence
shall be admitted and excluded at the Court's discretion.
(K) Defendant understands that the Court has an obligation to determine whether, and
in what amount, restitution applies in this case under 18 U .S.C. § 3663 and 18 U.S.C. § 3663A.
Defendant agrees that if any restitution is ordered by the Court under I 8 U.S.C. §§ 3363 and/or
3363A the amount of restitution ordered by the Court shall include Defendant's total offense
conduct. Defendant agrees this may include restitution for all losses caused by the Defendant's
6
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criminal conduct, even if such losses resulted from crimes not charged or admitted by Defendant
in the factual stipulation.
The parties agree that restitution is due to the United States in the amount of $20,675.76.
Defendant waives any defense or objection to any action to enforce the collection of
financial obligations to be imposed in connection with this prosecution, including, but not limited
to, collection procedures authorized by the Federal Debt Collection Procedures Act, 28 U.S.C. §
3001, et seq., 18 U.S.C. § 3664, or 18 U.S.C. § 3613. Defendant understands and agrees that,
pursuant to 18 U.S.C. § 3613, whatever monetary penalties or restitution are imposed by the Court
will be due and payable immediately and subject to immediate enforcement by the United States.
If the Court imposes a schedule of payments, Defendant agrees that it is a minimum schedule of
payments and not the only method, nor a limitation on the methods, available to the United States
to enforce the judgment. The Defendant waives any requirement for demand of payment on any
fine, restitution, or assessment imposed by the Court and agrees that any unpaid obligations will
be submitted to the United States Treasury for offset.
Defendant agrees that the restitution, restitution judgment, payment provisions, and
collection actions of this plea agreement are intended to, and will, survive Defendant,
notwithstand ing the abatement of any underlying criminal conviction after the execution of this
agreement. Defendant further agrees that any restitution collected and/or distributed will survive
Defendant, notwithstanding the abatement of any underlying criminal conviction execution of this
agreement.
Defendant agrees that Defendant will make no future transfer of assets for the purpose of
evading or defeating financial obligations that are created by this agreement or that may be
imposed upon Defendant by the Court.
7
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Defendant agrees fully to disclose all assets in which Defendant has any interest or over
which the Defendant exercises control, directly or indirectly, including those held by a spouse,
nominee or third party, and disclosing any transfer of assets that has taken place within three years
preceding the entry of this plea agreement. Defendant agrees to submit a truthful, complete, and
accurate financial statement form provided by the United States Attorney's Office by the earlier
of 14 days from Defendant's signature on this plea agreement or the date of Defendant's entry of
a guilty plea, sign it under penalty of pe1jury and provide it to the United States Attorney's Office.
Defendant agrees to provide updates with any material changes in circumstances, as described in
18 U.S.C. § 3664(k), which occur prior to sentencing, within seven days of the event giving rise
to the changed circumstances.
The parties will jointly recommend that as a condition of probation or supervised release,
Defendant will notify the Financial Litigation Unit (FLU), United States Attorney's Office, of any
interest in property obtained, directly or indirectly, including any interest obtained under any other
name, or entity, including a trust, partnership, or corporation, after the execution of this plea
agreement until the fine or restitution is paid in full. The parties will also jointly recommend that
as a condition of probation or supervised release, Defendant will notify the FLU, United States
Attorney' s Office, before Defendant transfers any interest in property owned directly or indirectly
by Defendant, including any interest held or owned under any other name or entity, including
trusts, partnerships and/or corporations. Defendant agrees that this obligation will continue in force
beyond Defendant's term of supervised release up to the point when Defendant' s restitution
obligation is fulfilled or otherwise terminates by operation of law.
Defendant expressly authorizes the U.S. Attorney's Office to obtain Defendant's credit
report. Defendant agrees to provide waivers, consents or releases requested by the U.S. Attorney' s
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Office to access records to verify the financial information, such releases to be valid for a period
extending 90 days from the date of sentencing. Defendant also authorizes the U.S. Attorney's
Office to inspect and copy all financial documents and information held by the U.S. Probation
Office. Defendant's failure to timely and accurately complete and sign the financial statement, and
any update thereto, may, in addition to any other penalty or remedy, constitute Defendant's failure
to accept responsibility under U.S.S.G §3EI. l(G).
The restitution described above shall be paid through the Office of the Clerk of the District
Court by bank or cashier's check or money order made payable to the "Clerk, United States District
Court."
(4)
In exchange for the consideration set forth in Paragraph (3) above, the United States agrees
as follows:
(A) The United States will accept the plea of guilty by Defendant as provided in
Paragraph (3)(A), above, in full satisfaction of all possible federal criminal charges, known to the
United States Attorney at the time of Defendant's guilty plea, which might have been brought
against Defendant solely in this district. The United States agrees to dismiss all remaining counts
of the pending Indictment in exchange for Defendant's plea of guilty to Count 3 of the Indictment.
(B) If Defendant cooperates truthfully and completely with the United States, including
being debriefed and providing trnthful testimony at any proceeding resulting from or related to
Defendant's cooperation, then the United States will make the extent of Defendant's cooperation
known to the sentencing court. If Defendant is not completely truthful and candid in Defendant's
cooperation with the United States, Defendant may be subject to prosecution for petjury, false
statements, obstruction of justice, and/or any other applicable charge. If Defendant's cooperation
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is completed before sentencing, the United States will consider whether such cooperation qualifies
as "substantial assistance" pursuant to 18 U.S.C. § 3553(e) and/or U.S.S.G. § 5Kl. l and warrants
the filing of a motion at the time of sentencing recommending a downward departure from the
applicable guideline range. If Defendant's cooperation is completed after sentencing, the United
States will consider whether such cooperation qualifies as "substantial assistance" pursuant to
Federal Rule of Criminal Procedure 35(b) and warrants the filing of a motion for reduction of
sentence. In either case, Defendant understands that the determination as to whether Defendant
has provided "substantial assistance" rests solely with the United States. Any good faith efforts on
the part of Defendant that do not substantially assist in the investigation or prosecution of another
person who has committed a crime will not result in either a motion for downward departure or a
Rule 35 motion. In addition, should Defendant fail to cooperate truthfully and completely with the
United States, or if Defendant engages in any additional criminal conduct, Defendant shall not be
entitled to consideration pursuant to this paragraph.
(C) Pursuant to U.S.S.G. § 1B 1.8, the United States agrees that any self-incriminating
information which was previously unknown to the United States and is provided to the United
States by Defendant in connection with Defendant's cooperation and as a result of Defendant's
plea agreement to cooperate will not be used in determining the applicable guideline range.
Further, the United States agrees not to bring additional charges against Defendant, with the
exception of charges resulting from or related to a violent felony, as defined in 18 U.S.C.
§ 924(e)(2)(B), based on any information provided by Defendant in connection with Defendant' s
cooperation, which information was not known to the United States prior to said cooperation. This
does not restrict the United States' use of information previously known or independently obtained
for such purposes.
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(D) The United States agrees that it will file a motion requesting that Defendant's
offense level be reduced by one level under U.S.S.G. § 3El.l(b) for timely notifying the United
States of Defendant's intention to enter a guilty plea, but Defendant understands that whether
Defendant is entitled to any offense-level reduction under U.S.S.G. § 3EI. I is entirely within the
Court's discretion. The United States reserves the right to furnish the Court with full and accurate
information and/or argue against the two-level reduction for acceptance of responsibility if
Defendant engages or has engaged in conduct inconsistent with accepting responsibility, as defined
in U.S.S.G. § 3EI .1 and its commentary.
(5)
Nothing herein limits the sentencing discretion of the Court.
(6)
This agreement constitutes the entire agreement between Defendant and the United States,
and no other promises or inducements have been made, directly or indirectly, by any agent of the
United States, including any Assistant United States Attorney, concerning any plea to be entered
in this case. In particular, Defendant acknowledges and agrees that no one has promised Defendant
that the Court will impose any particular sentence or a sentence within any particular range in order
to induce this plea. In addition, Defendant states that no person has, directly or indirectly,
threatened or coerced Defendant to do or refrain from doing anything in connection with any aspect
of this case, including entering a plea of guilty.
Defendant understands that this agreement binds only the Office of the United States
Attorney for the Middle District of Georgia, and that the agreement does not bind any other
component of the United States Department of Justice, nor does it bind any state or local
prosecuting authority, unless expressly stated herein.
11 Ci-I
µm"-"
Case 5:25-cr-00053-MTT-CHW Document 23 Filed 02/17/26 Page 12 of 15
(7)
As an aid to this Court, the United States and Defendant, by and through Defendant's
attorney, enter into the following Stipulation of Fact. This stipulation is entered into in good faith
with all parties understanding that the stipulation is not binding on the Court. Under U.S.S .G.
§ 6B I .4(d) (Policy Statement), this Court may accept this stipulation as written or, in its discretion,
with the aid of the Presentence Investigation Report, determine the facts relevant to sentencing.
Subject to the above paragraph, the United States and Defendant stipulate and agree that
Defendant is in fact guilty of the offense to which Defendant is pleading guilty, that the following
facts are true and correct, and that the United States at trial could prove the following facts beyond
a reasonable doubt:
In March 2020, as part of the Coronavirus Aid, Relief, and Economic Secmity (CARES)
Act, Congress established the Paycheck Protection Program (PPP) administered by the United
States Small Business Administration (SBA). The PPP program offered loans designed to provide
a direct incentive for small businesses to keep their workers on the payroll during the COVID-19
pandemic. Under this program, the SBA would forgive all or part of the PPP loans if all employees
were kept on the payroll for a specified period and the borrowers submitted documentation
confirming that the loan proceeds were used for payroll, rent, mortgage interest, or utilities.
A small business's PPP loan application would be received and processed by a participating
lender approved by the SBA. The loan was I 00 percent guaranteed by the SBA. Prestamos CDFI,
LLC was an approved SBA participating lender based in Arizona to service the PPP loans. At all
relevant times, Defendant was a resident in the Middle District of Georgia.
On or about May 24, 202 I, Defendant electronically submitted a fraudulent PPP loan
application from the Middle District of Georgia to Prestamos based in Arizona. Defendant signed
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Case 5:25-cr-00053-MTT-CHW Document 23 Filed 02/17/26 Page 13 of 15
the application and identified himself as an independent contractor and l 00% owner of a purported
farming business, dba Holmes Farming. In the PPP loan application, Defendant falsely certified
that Holmes Farming employed one person and had a total gross income of $98,800 for the tax
year 2019. Defendant requested a PPP loan for $20,582, or 2.5 times the purported average
monthly payroll cost of $8,233.33. Defendant also falsely certified that Holmes Farming needed
the PPP loan to help pay its payroll costs, rent/mortgage interest, utilities, and covered supplier
costs.
Defendant knew his ce1tifications in the PPP loan application were false because Holmes
Farming was a fictional business. As a result of D ; ; ~ ~ r ~ # s e ~ s , on or about June
11 , 2021, Prestamos electronically deposited $ 2 ~ via Automated cfe:1~g House (ACH) wire
into a checking account Defendant controlled at Robins Financial Credit Union based in Georgia.
On or about September 27, 2021, Defendant submitted a fraudulent PPP loan forgiveness
application to Prestamos. Defendant signed the application and identified himself as the owner of
a purported farming business, dba Holmes Farming. In the PPP loan forgiveness application,
Defendant falsely certified that Holmes Farming employed one person at the time of the loan
application and nine employees at the time of the forgiveness application, and spent $20,582 on
payroll costs, and requested loan forgiveness for $20,582.
Again, Defendant knew the certifications in the PPP loan forgiveness application were false
because Holmes Farming was a fictional business which had no employees or income. As a result
of Defendant's misrepresentations, Prestamos requested loan forgiveness for $20,582 from the
SBA, and the SBA remitted Prestamos $20,582 in principal and $93.76 in interest for a total of
$20,675.76.
13
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This information is provided to establish a factual basis for Defendant's guilty plea. It is
not a full recitation of Defendant's knowledge of, or participation in, these offenses.
(8)
ACCEPTANCE OF PLEA AGREEMENT
Defendant understands and has fully discussed with Defendant's attorney that this
agreement shall become effective only upon the Court's acceptance of this agreement and the
Court' s acceptance of the plea of guilty by Defendant.
SO AGREED, this f--r"-:iay of ~
WILLIAM R. KEYES
UNITED STATES ATTORNEY
BY: ~
JULHJSLJFFERSON
ASSISTANT UNITED STATES ATTORNEY
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I, Curtis Devaughn Holmes, have read this agreement and had this agreement read to me
by my attorney, Danisha L. McClwy. I have discussed this agreement with my attorney and I fully
understand it and agree to its terms. Defendant acknowledges that Defendant authorized and
consented to the negotiations between the United States and the attorney for Defendant that led to
this agreement.
Curtis Devaughn Holmes
DEFENDANT
I, Danisha L. McC/ary, attorney for Defendant Curtis Devaughn Holmes, have explained
the Indictment and the United States' evidence received through discovery and my investigation
of the charge to Defendant. I believe Defendant understands the charge against Defendant and the
evidence that would be presented against Defendant at a trial. I have read this agreement, have
been given a copy of it for my file, and have explained it to Defendant. To the best of my
knowledge and belief, Defendant understands this agreement.
~~fMQ&~
ATTORNEY FOR DEFENDANT
15
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