Quincy Terrell Doss: Government’s Sentencing Memorandum (Northern District of Alabama, October 20, 2022)
Summary
The government's sentencing memorandum in United States v. Quincy Terrell Doss, No. 7:22-cr-00131-LSC-GMB, in the U.S. District Court for the Northern District of Alabama, Western Division, filed October 20, 2022 as Document 12 ahead of an October 27, 2022 sentencing hearing. It recommends a custodial sentence of 42 months plus a consecutive 24-month sentence because the offense was committed while on supervised release in case number 7:16-CR-162-LSC-SGC. The memorandum states that the presentence report sets a total offense level of 14 and criminal history category VI, for an advisory range of 37 to 46 months, and that neither party objected. It cites the two PPP loans totaling more than $220,000, the false claim of 15 employees and a fake 2019 Schedule C, and argues that general deterrence matters for pandemic fraud.
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“Quincy Terrell Doss: Government’s Sentencing Memorandum (Northern District of Alabama, October 20, 2022).”
Original at ecf.alnd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-usa-v-doss-dkt-12-a0f4fd5ba1/
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Case 7:22-cr-00131-LSC-GMB Document 12 Filed 10/20/22 Page 1 of 8 FILED
2022 Oct-20 PM 01:46
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
UNITED STATES OF AMERICA )
) Case No:
v. ) 7:22-CR-00131-LSC-GMB
)
QUINCY TERRELL DOSS )
)
GOVERNMENT’S SENTENCING MEMORANDUM
The United States respectfully submits this memorandum in advance of the
sentencing hearing for Quincy Terrell Doss, which is scheduled for Thursday,
October 27, 2022, at 9:30 a.m. For the reasons set forth below, the United States
believes a custodial sentence of 42 months would be sufficient, but not greater than
necessary, to reflect the seriousness of the offense, to promote respect for the law,
and to provide just punishment, as well as the need to afford adequate deterrence.
Consistent with the recommendation of the U.S. Sentencing Commission, because
the Defendant committed the instant offense while on supervised released in the
Northern District of Alabama in case number 7:16-CR-162-LSC-SGC, the
Government requests an additional 24-month custodial sentence to be served
consecutively to the sentence imposed in the present case. See USSG § 7B1.3(f).
I. FACTUAL AND PROCEDURAL BACKGROUND
As set forth in Doss’ plea agreement, Dkt. No. 9, and as detailed in the
presentence investigation report (“PSR”) prepared by the U.S. Probation Office,
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Case 7:22-cr-00131-LSC-GMB Document 12 Filed 10/20/22 Page 2 of 8
between April and July 2021, the Defendant received two Paycheck Protection
Program (PPP) loans totaling more than $220,000. See generally PSR ¶¶ 1-2, 6-20.
Doss knowingly and with the intent to defraud used materially false or fraudulent
pretenses, representations, or promises to obtain the loans, each constituting an
individual act of wire fraud. Id. ¶ 11. Specifically, the Defendant submitted PPP
loan application forms replete with material falsehoods and supported by fraudulent
documentation purporting to own and operate a small business that, in matter of fact,
did not exist. Id.
In May 2022, a grand jury sitting in the Northern District of Alabama returned
a two-count Indictment against Doss each charging wire fraud in violation of 18
U.S.C. § 1343. Id. ¶¶ 1-2. On June 27, 2022, the Defendant pleaded guilty as
charged in Count 1 of the Indictment. Id. ¶ 4. The parties stipulated for the purposes
of sentencing that the total loss amount was greater than $150,000 but less than
$250,000. Id. ¶ 20.
II. SENTENCING RECOMMENDATION
A. The Calculation of Doss’ Guidelines Range
Although the guidelines are advisory, they remain “the starting point and the
initial benchmark” in determining the sentence that would be “sufficient, but not
greater than necessary, to comply with the purposes set forth in” 18 U.S.C.
§ 3553(a). Gall v. United States, 552 U.S. 38, 49 (2007). The guidelines reflect the
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Case 7:22-cr-00131-LSC-GMB Document 12 Filed 10/20/22 Page 3 of 8
Sentencing Commission’s examination of “tens of thousands of sentences” over
many years, and they “seek to embody the Section 3553(a) considerations, both in
principle and in practice.” Rita v. United States, 551 U.S. 338, 349 (2007). It is
therefore “fair to assume that the Guidelines, insofar as practicable, reflect a rough
approximation of sentences that might achieve” those statutory goals. Id.
Here, the PSR calculates Defendant Doss’ total offense level as follows:
• The Sentencing Guideline for 18 U.S.C. § 1343 is U.S.S.G. § 2B1.1. PSR
¶ 25. Pursuant to § 2B1.1(a)(1), because of the twenty-year statutory
maximum, the base offense level is 7. Id.
• Pursuant to U.S.S.G. § 2B1.1(b)(1)(F), because the loss exceeded
$150,000 but did not exceed $250,000, the offense level is increased by 10
levels. Id. ¶ 26.
• Pursuant to § 3E1.1(a)-(b) because the defendant has demonstrated
acceptance of responsibility for the offense and timely assisted authorities
in the investigation or prosecution of her own misconduct, the offense level
is decreased by 3 levels. Id. ¶ 33-34.
The U.S. Probation Office determined Defendant has a criminal history
category of VI. Id. ¶ 54. The presentence investigation report calculates his total
offense level as 14, his criminal history category as VI, and therefore his advisory
guidelines sentencing range as between 37 and 46 months. Id. ¶ 90.
Doss committed wire fraud, a crime punishable by up to twenty years in
prison, while on supervised release. Pursuant to the Sentencing Guidelines, the
commission of a Grade B violation by an individual with a criminal history category
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of VI results in the mandatory revocation of supervised release and a resulting
custodial sentence of between 21 and 27 months. U.S.S.G. § 7B1.4.
B. Objections to the PSR
Neither party objected to the PSR.
C. The Recommended Sentence is Fair and Reasonable
The Government submits that a within guidelines range custodial sentence of
42 months is appropriate and would meet the objectives set forth in 18 U.S.C. §
3553(a), particularly given the nature and circumstances of the Defendant’s crime;
the need to reflect the seriousness of the offense, to promote respect for the law, and
to provide just punishment; and the need to afford adequate deterrence. 18 U.S.C. §
3553(a)(1), (2)(A)-(B).
First, the nature and circumstances of the Defendant’s crimes support a
custodial sentence of 42 months. See 18 U.S.C. § 3553(a)(1). Though the Defendant
is not being sentenced for a crime of violence, the Government notes that economic
crimes, like those at issue here, are just as serious as violent crimes and drug
offenses. Thus, the Sentencing Guidelines should not be ignored or discounted just
because the Defendant is being sentenced for what is typically referred to as a
“white-collar” crime. Defendant Doss’ conduct is particularly pernicious because
he purposefully defrauded a government program designed to aid struggling small
businesses and prevent countless Americans from losing their jobs and livelihoods
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Case 7:22-cr-00131-LSC-GMB Document 12 Filed 10/20/22 Page 5 of 8
due to the pandemic. Such egregious conduct, and the greed demonstrated by
Defendant Doss, warrant a stiff sentence.
Second, A 42-month custodial sentence will “reflect the seriousness of the
offense, [] promote respect for the law, and [] provide just punishment.” 18 U.S.C.
§ 3553(a)(2)(A). Defendant’s conduct demonstrated a disregard for the law and a
fundamental failure to appreciate the purpose of the PPP loans designed to aid
legitimate small businesses suffering economically because of the COVID-19
pandemic. Defendant Doss submitted fraudulent PPP loan applications claiming to
employee 15 people with an average monthly payroll of $44,166. PSR ¶ 12. He
submitted a fake 2019 Schedule C (Profit or Loss from Business) indicating his
“landscaping and lawn care” business paid $530,000 in wages in 2019 and yielded
a profit of more than $100,000. Id. ¶ 13. These representations were materially
false. Moreover, having pleaded guilty in this Court in July 2016 to Conspiracy to
Bribe Public Officials, Doss answered “no” to the question on the PPP loan
application as to whether within the last five years he had pleaded guilty to a felony
involving bribery. Id. ¶ 14. The PPP loan application explicitly stated the loan
would not be approved if he answered “yes” to that question—once again, Doss lied.
Id. These represent only some of Doss’ fraudulent misrepresentations designed to
pass himself off as a small businessman seeking to retain employees during the
pandemic.
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Case 7:22-cr-00131-LSC-GMB Document 12 Filed 10/20/22 Page 6 of 8
Third, the recommended sentence is necessary to promote deterrence. See 18
U.S.C. § 3553(a)(2)(B). As the Eleventh Circuit recently explained, “Congress, the
United States Sentencing Commission, and this Court have all decided that general
deterrence is a critical factor that must be considered and should play a role in
sentencing defendants, including those who wear white collars . . . .” United States
v. Howard, No. 18-11602, 2022 WL 663328, at *21 (11th Cir. Mar. 7, 2022)
(citations omitted). Indeed, this § 3553(a) factor is particularly important in cases
like this one. That is “[b]ecause economic and fraud-based crimes are more rational,
cool, and calculated than sudden crimes of passion or opportunity,” which makes
them “prime candidates for general deterrence.” United States v. Martin, 455 F.3d
1227, 1240 (11th Cir. 2006) (internal marks and citations omitted). “White collar
criminals often calculate the financial gain and risk of loss of their crimes, and an
overly lenient sentence sends the message that would-be white-collar criminals stand
to lose little more than a portion of their ill-gotten gains and practically none of their
liberty.” Howard, 2022 WL 663328, at *21 (internal marks and citations omitted).
COVID-19 pandemic fraud, whether in the form of PPP loans, increased
unemployment insurance benefits, or other government programs, must be
sentenced with an eye toward deterring such criminal acts in the future. It is widely
reported that pandemic stimulus programs resulted in unprecedented fraud and
billions of dollars in estimated loss. See e.g., Justice Department Reports More than
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Case 7:22-cr-00131-LSC-GMB Document 12 Filed 10/20/22 Page 7 of 8
$8 Billion in Alleged Fraud Tied to Federal Coronavirus Aid Programs, THE
WASHINGTON POST (Mar. 10, 2022) (available at
https://www.washingtonpost.com/us-policy/2022/03/10/justice-department-
coronavirus-aid-fraud/). Rigorous Guidelines sentences of COVID-19 program
fraudsters will deter crimes against such programs during America’s next pandemic
or equivalent disaster.
III. CONCLUSION
The defendant’s crimes were serious. And, for the reasons set forth above, the
Government recommends a custodial sentence of 42 months to be served
consecutively with a 24-month custodial sentence for the Defendant’s violation of
the terms of his supervised released.
Dated: October 20, 2022
Birmingham, Alabama
Respectfully submitted,
PRIM F. ESCALONA
United States Attorney
Digitally signed by JONATHAN
HARRINGTON
By: Date: 2022.10.20 13:43:32 -05'00'
Jonathan “Jack” Harrington
Assistant United States Attorney
Tel: (205) 244-2234
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Case 7:22-cr-00131-LSC-GMB Document 12 Filed 10/20/22 Page 8 of 8
CERTIFICATE OF SERVICE
I certify that on October 20, 2022, I filed a copy of the above pleading
electronically using CM/ECF, which caused a copy to be sent to counsel of record.
Digitally signed by
JONATHAN HARRINGTON
Date: 2022.10.20 13:42:56
-05'00'
Jonathan “Jack” Harrington
Assistant United States Attorney
Tel: (205) 244-2234
8
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