Sentencing Memorandum and Request for Variance by Schara Monique Davis — USA v. Gayle et al (Dkt. 123, N.D. Ala.)
Summary
This Defendant's Sentencing Memorandum and Request for Variance by Schara Monique Davis is Document 123 in Case 5:22-cr-00113-LCB-HNJ, United States District Court for the Northern District of Alabama. It states that Ms. Davis pled guilty on July 22, 2024, to Count 7 (conspiracy to commit health care fraud) and Count 16 (wire fraud), and that the Government agreed to dismiss other counts. It says the Presentence Investigation Report calculates a total offense level of 24, and that with two points as a Zero-Point Offender the offense level should be 22, resulting in a range of 41-52 months. The memorandum moves for a variance to 18 months, argues that her culpability is much less than that of her co-defendant and wife, Dr. Francene Gayle, and asks to be permitted to self-report to a designated facility.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Sentencing Memorandum and Request for Variance by Schara Monique Davis — USA v. Gayle et al (Dkt. 123, N.D. Ala.).”
Original at ecf.alnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-and-request-for-variance-by-schara-monique-davis-1b75272d1e/
, SHA-256 391ae7577c2e2cb015936fffce929a15557e7069ed7f24097fdcb96c7e8a1154.Full text
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 1 of 10 FILED
2024 Dec-13 PM 11:55
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) Case No. 5:22-cr-113-LCB-HNJ-2
)
SCHARA MONIQUE DAVIS, )
)
Defendant. )
DEFENDANT’S SENTENCING MEMORANDUM and
REQUEST FOR VARIANCE
Comes now the Defendant, Schara Davis, by and through undersigned counsel, and files this
her Sentencing Memorandum, and would respectfully show unto this Honorable Court as follows:
1. Pursuant to and in accordance with 18 U.S.C. §3553(a), and all prior appellate
decisions, Defendant Schara Davis avers that her Sentencing Memorandum sets forth pertinent
factors that this Honorable Court should consider before imposing a sentence upon her.
2. This Honorable Court is all too familiar with the U.S. Supreme Court decision in U.S.
v. Booker, 543 U.S. 220 (2005) and its progeny, and the subsequent holdings dealing with
determining an appropriate sentence, as well as the factors to be considered pursuant to 18 U.S.C.
§3553(a).
I. PROCEDURAL HISTORY:
In 2022, Schara Davis and her co-defendant wife, Francene Gayle were indicted and charged
with : conspiring to unlawfully distribute and dispense controlled substances, in violation of 21
U.S.C. § 846 (Count 1); unlawfully distributing controlled substances, each count a violation of 21
U.S.C. § 841(a)(1) (Counts 2-6); conspiring to commit health care fraud, in violation of 18 U.S.C.
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 2 of 10
§ 1349 (Count 7); and health care fraud, each count a violation of 18 U.S.C. § 1349 (Counts 8-15);
and wire fraud in violation of 18 U.S.C. § 1347 (Count 16), and three counts of wire fraud, in
violation of 18 U.S.C. § 1343 (Counts 17-19), based on applying for and in appropriately using
various COVID-19 relief funds.
On July 22, 2024, Ms. Davis pled guilty to two counts of the superceding Indictment —
specifically Count 7, (conspiracy to commit health care fraud in violation of 18 U.S.C. § 1349) and
Count 16 (wire fraud in violation of 18 U.S.C. § 1347). The Government agreed to dismiss Counts
1 thru 6, Counts 8 thru 15, and Counts 15 thru 19.
On November 28, 2024, Ms. Davis filed Objections / Responses to the Presentence
Investigation Report. Requested modification, corrections and additions requested by Ms. Davis
were made by U.S. Probation, and a revised Presentence Investigation Report was released on
December 11, 2024. Ms. Davis made two objections to the Presentence Investigation Report,
however, those objections have been withdrawn after the revised report was released.
II. INTRODUCTION:
In this Sentencing Memorandum, Defendant Schara Davis(hereinafter referred to as Ms.
Davis) would submit facts and information relative to her and her life that she believes will be
significant to this Honorable Court in determining a sentence for this Defendant in this case under
her particular circumstances. With sentencing now set, Schara Davis would respectfully request this
Honorable Court to consider her as an individual standing before the Court looking for a sentence
that is reasonable considering the 18 U.S.C. §3553(a)(2) factors of sentencing – — nature and
circumstances of the offense and the history and characteristics of the defendant; the need for
the sentence to reflect the seriousness of the offense, to promote respect for the law and to provide
just punishment for the offense; to afford adequate deterrence to criminal conduct; to protect the
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 3 of 10
public from further crimes of the defendant; and to provide the defendant with the needed educational
or vocational training, medical care, or other treatment in the most effective manner possible, but also
not more than necessary to achieve the purpose of sentencing.
This information is presented in an effort to allow this Honorable Court to become more
familiar with Ms. Davis prior to this Honorable Court imposing sentence, which we all know will be
life changing not only for Ms. Davis, but also for her children.
III. CURRENT STATUS:
Defendant Schara Davis is a 48 year old African American woman who is charged, along
with her wife, Dr. Francene Gayle, with health care fraud, wire fraud, controlled substance violations,
and Payroll Protection Program fraud. Ms. Davis resides in Apopka, FL with her wife, Dr. Francene
Gayle, and their children. Ms. Davis is employed working remotely from home while she cares for
her children. She is on bond, and has been compliant with all terms of her supervised release.
IV. BACKGROUND / HISTORY AND CHARACTERISTICS:
Early years: Ms. Davis came from a family where she and her two sisters was cared for
by their parents in Decatur, AL. During the Presentence Investigation Report, Ms. Davis relayed that
she was sexually assaulted in the 8th grade by the son of a family friend who was 18 years of age. Her
father passed away in 1987, and her mother has had a stroke about ten (10) years ago, and it has left
her unable to speak or use the right side of her body. She currently resides in a residential
rehabilitation facility in Decatur, AL. Ms. Davis and her mother are close, and until Ms. Davis moved
to Florida, she did as much for her mother as possible.
In 1995, at age 18, she moved away from Decatur to Huntsville to live with her grandmother
in Huntsville, AL. She had been expelled from school for fighting, which she explained was because
she stepped in the try to break up an altercation between her sister and another student. Her sister
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 4 of 10
was also expelled.
Education: She received her GED in 1994 from Calhoun Community College, and she began
her new life of hard work to put herself in a much better place. While living in Huntsville, Ms. Davis
attended Calhoun Community College where she obtained a bachelors degree, then began working
on her masters. She is currently remotely attending University of the People to continue work toward
her masters degree.
First marriage: In 2006, she married Rodney Spratlen, who was much older. After five (5)
years, they realized that they were better suited to be good friends, rather than husband and wife, so
they divorced. They are still close, and he has always been supportive of her. They have a daughter,
Saana Spratlen, who is now 21, and is studying nursing. Mr. Spratlen has written a letter in support
of Ms. Davis.
Employment: As can be seen from the Presentence Investigation Report, Ms. Davis has
always been employed – constantly trying to put herself in a better positions financially and
experience-wise. She is currently employed by Community Health Centers in Winter Garden, Florida.
In her current position, she is able to work from home, which is critical to her right now, especially
in that this allows her to take care of her children, Matthew, age 11, and Kahlil, age 16. There are
medical and mental health issues that Ms. Davis must deal with concerning her children, thus being
with them as much as possible is critical.
Current marriage and children: After her divorce from Mr. Sprawled, Ms. Davis met Dr.
Francene Gayle in 2010 in Huntsville. They married in 2014.
In 2013, Dr. Gayle became mother to Matthew Gayle, now 11 years of age. Matthew was
born fourteen week premature, and was hospitalized for about two months after his birth. Matthew’s
biological mother decided that she could not care for him, and she brought him to Dr. Gayle to care
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 5 of 10
for, which she and Ms. Davis have done since 2013. Through their contact with Matthew’s biological
Dr. Gayle and Ms. Davis began helping, then ultimately solely caring for Matthew’s two siblings,
Kahlil Dean then age 5, and Jala Watkins, then age 13. The three siblings became a part of Gayle and
Davis’ family, along with Davis’ daughter Saan. When the biological mother could not care for her
three children, and Dr. Gayle and Ms. Davis formally became their guardians in 2015.
Since 2013 to date, Ms. Davis and her wife have solely raised the four children, caring for
them, loving them, investing time and energy in helping them in every aspect of their lives. They
expended vast time, love, energy and money helping Matthew, Kahlil and Jala work through, and heal
from the trauma they had lived through while in the care of their biological mother. Kahlil and Jala
were afraid, broken, scared, but Davis and Gayle took whatever time and effort that was required to
help these children grow and progress.
Jala is now 24, and Kahili is 16. Both Jala and Kahlil have written letters of support, as has
Ms. Davis’ daughter Saan. Those letters say best what Davis and Gayle have done for them, and how
their lives have been forever changed and enriched by being raised by Davis and Gail. Those letters
are attached as Exhibits.
Ms. Davis has been dedicated in every manner possible to all of the children. They are her
life.
Also attached to this Memorandum are numerous letters of support from others who know
Ms. Davis well, and personally. Each expresses their individual experience with Ms. Davis, and what
she has meant to them, and others they know.
Defendant’s medical history: In the PSR, the Probation Officer very will set out the vast
medical history, her current conditions being treated, her long list of medications, and her anticipated
treatment / surgery for a couple of medical Paragraphs 137 - 140 of the PSR.
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 6 of 10
V. REQUEST FOR VARIANCE
Schara Davis has been a hard working, law abiding citizen her entire life. However, in this
particular case, she is not truly being given credit for her lack of criminal history due to the fact she
is considered as an organizer, leader, manager or supervisor of any criminal activity, thus there were
2 points added pursuant to USSG §3B1.1(c). This decision was made because Ms. Davis was a co-
owner of the medical clinics, she was listed as an owner when the business was incorporated, signed
Blue Cross Blue Shield applications as an owner, and performed work for the clinic.
Ms. Davis was not given credit by Probation for being a Zero-Point Offender, pursuant to
USSG §§4C1.1(1)-(10) because of her being considered an organizer, leader, manager, or supervisor
of a criminal activity. Thus she misses out on being given credit for 2 points as a Zero-Point
Offender.
Ms. Davis has taken full responsibility for her culpability in the two Counts, out of 19 Counts
charged in this matter. She would, however argue that her culpability in this matter is very much less
that co-defendant (and wife), Dr. Francene Gayle. Dr. Gayle ran the clinics. Dr. Gayle made the
major decisions – not matter what. Dr. Gayle was strictly her own person, and could, and would not
be deterred by anyone. Schara Davis was not a doctor, and she did not see patients. Other than her
name being listed and signed as co-owner, her main job with the clinics was to pay bills, do payroll,
handle supplies, and help Dr. Gayle coordinate. Ms. Davis did not even have an office in any of the
clinics. Say this is not meant to take away from her acceptance of her responsibility in the conduct.
However, that conduct and actions were on a much lower scale that those of Francene Gayle.
Ms. Davis spent a significant amount of her time taking care of the home and the children, and
not at the clinic. She makes this point to highlight her position and conduct as compared to that of
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 7 of 10
Dr. Gayle. As a result, Ms. Davis moves this Honorable Court to consider a variance downward.
The Presentence Investigation Report calculates the guidelines at a total offense level of 24.
If the Defendant were given two points as a Zero-Point Offender, the Offense Level should be 22,
resulting in a guideline range of 41-52 months.
Together with the other significant factors presented by Ms. Davis regarding the fact that the
co-defendant is her wife, her personal life, her son with mental health and medical issues, as well as
her own medical and health issues, she moves this Honorable Court for a variance in her case to 18
months.
As this Honorable Court is well aware, while the Court must calculate the advisory sentencing
range under the United States Sentencing Guidelines, the Court is not bound to impose a sentence
within the range. Instead, the Court may, and should, use its own judgment to “impose a sentence
sufficient, but not greater than necessary, to comply with the purposes [of sentencing]” after
considering all of the factors listed in 18 U.S.C. § 3553(a) for this specific defendant.
VI. REQUEST FOR SELF-REPORTING
As this Honorable Court is aware, the co-defendants in this case are a married couple who
have minor children still at home. One of the children, Matthew, now 11, suffers from mental health
issues as a result of his premature birth, and delayed development because of being born to a drug
using mother. He suffers from severe Adjustment Disorder with Anxious Mood. This is severe
separation anxiety, and is mentioned in the PSR Paragraph 135, and medical records have been
provided to document that problem. He has a desperate fear that Ms. Davis is going to leave him,
and not return. Any time she leaves this house, he has to know where she is going, and exactly when
she will return. Even after that, he calls or texts her while is away wanting to know if she is OK, and
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 8 of 10
when she will return home. He has been diagnosed by Dr. Rosalyn I. Johnson, Ed.D, LMHC. The
records for Matthew have been provided to U.S. Probation. Schara Davis asks that the Court permit
her to self-report to a designated facility.
A district court may release a defendant who has pled guilty to controlled substance offenses
carrying with them maximum terms of imprisonment of more than 10 years, and who would normally
be subject to the automatic remand provisions found at § 3143(a)(2) of the Bail Reform Act, if there
are exceptional reasons. See United States v. Meister, 744 F.3d 1236, 1237-1239 (11th Cir. 2013)
(allowing a district court to release a defendant on bond who is unlikely to pose a danger or flee
when there are exceptional reasons).
This decision is made at the time of conviction. This Honorable Court made the decision to
allow Ms. Davis to remain out on bond living in Florida during the pendency of this matter. Thus
there appears to be no reason now to allow her to take care of her children, an voluntarily surrender
for the service of her sentence when required.
As described above, at the time of her guilty plea, and as currently is the case Schara Davis
has considerable obligations to with her children. She also assists her wife, Dr. Gayle care for her
elderly parents on a daily basis. Ms. Davis has not family in the either in the area, or any other area
who can care for her children with their special needs, and she has no one to help her by assuming
responsibility of the children. With the fact that both she and her wife will have some undetermined
sentence to serve, it is extremely difficult make plans for the care of the children.
The degree to which both Dr. Gayle’s parents and the children depend on her, and the lack
of a cohesive plan for alternate caregiving, constitute exceptional reasons justifying her continued
release after her guilty plea. See 18 U.S.C. § 3145(c); see also United States v. Hooks, 330 F. Supp.
2d 1311, 1313–14 (M.D. Ala. Aug. 14, 2004) (holding that “exceptional reasons” for the defendant’s
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 9 of 10
release existed where the defendant was “a single mother of three children, aged, 2, 5, and 7, and
“absolutely no arrangements [had] yet been made for her young children’s care—whether short or
long term—during [the defendant’s] detention”); cf. United States v. Johnson, No.
2:17-CR-221-MHT, 2018 WL 4922724, *2 (M.D. Ala. Oct. 10, 2018) (holding that “exceptional
reasons” for the defendant’s release existed where the defendant’s father had recently passed away
and the defendant was “the only individual with the authority to attend to his father’s financial
matters”).
Further, nothing in the PSR indicates that Schara Davis is a flight risk, or poses any danger
to any other person or to the community. See § 3143(a)(1), (b)(1)(A). Because exceptional reasons
Ms. Davis’ release existed at the time of her guilty plea, and continue to exist presently, Ms. Davis
asks that the Court decline to apply § 3143(a)(2), and permit her to remain on release for a limited
period of time after her sentencing hearing.
VII. MISCELLANEOUS
Defendant Schara Davis and her counsel have discussed the issue of the children, and how
they will react if both she and Dr. Gayle at in custody at the same time. We have worked trying to
come up with options to present to the Court that are reasonable to handle the serious matter at the
same time as it addresses the issue of a defendant being sentenced to some punishment. At this point,
the only situation that seems to address everything is for one parent serve their sentence with the
other stays at home with the children ---- then the other parent serve her sentence. This is such an
unusual situation — though it is a married couple, both are females, and as such are considered to
be care givers. I know Schara Davis has always been the primary care give for the children while Dr.
Gayle was working as a doctor. As a result, Schara Davis moves this Honorable Court to not only
allow her to voluntarily self-surrender, but also assist the parties in coming up with some thinking
Case 5:22-cr-00113-LCB-HNJ Document 123 Filed 12/13/24 Page 10 of 10
outside the box way her situation could be handled rather than both she and Dr. Gayle having to be
gone at the same time — leaving the children at the mercy of WHO? The State???? Surely not???
Being separated from both defendants would be the downfall of the two minor boys — especially
Matthew with his severe separation anxiety. Any progress having been made with all the hard work
with him would most likely be lost if that happened.
With all of the matters Ms. Davis as raised, she moves this Honorable Court to take all these
matters under consideration in forming a sentence for HER as an individual under HER
circumstances..... one that is reasonable, but not more than necessary to achieve the goals of
sentencing.
CONCLUSION
Based on the above argument, Defendant Schara Davis would request this Honorable Court
to consider a variance pursuant to 3553(a), and would respectfully request that in that variance she
be to sentenced using an offense level 13, with a criminal history of I, resulting in a guideline range
of 12 - 18 months.
Respectfully submitted,
s/ KATHERINE P. LUKER
ATTORNEY FOR DEFENDANT
ASB-2750-a-63l
P.O. Box 2261
Birmingham, AL 35201
(205) 251-6666
KathyL@LukerLawPC.com
CERTIFICATE OF SERVICE
I hereby certify that on the 13th day of December, 2024, I electronically filed the above and
foregoing Sentencing Memorandum and Motion for Variance using the CM/ECF system with service
being made electronically on the parties listed below.
AUSA J.B. Ward
AUSA Ryan Rummage
USPO Chloe Randall s/ KATHERINE P. LUKER
File and source
- File
- 123-sentencing-memorandum-and-request-for-variance-by-schara-mon.pdf
- Size
- 106,813 bytes
- SHA-256
- 391ae7577c2e2cb015936fffce929a15557e7069ed7f24097fdcb96c7e8a1154
- Original
- PACER (login required)