Case ECF NO. 92 filed 04/18/19 PagelD.390 Page 1 Of 23 ORIGINAL UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION UNITED STATES OF AMERICA, CRIMINAL NO. 18-20255 vs. HON. VICTORIA A. ROBERTS OFFENSE: 1 8 U.S.C. 666, 371 MAXIMUM PENALTIES: D-6 DOUGLAS EARLES, Up to five years? imprisonment. Up to $250,000 ?ne. Defendant. Supervised Release: Up to three years RULE 11 PLEA AGREEMENT Pursuant to Rule 11 of the Federal Rules of Criminal Procedure, defendant DOUGLAS EARLES and the government agree as follows: 1. Guilty Plea A. Count of Conviction The defendant will enter a plea of guilty to Count Five of the Fifth Superseding Indictment, which charges him with conspiracy to commit theft from a federally funded program, in violation of 18 U.S.C. 666(a)(l)(A) and 371. B. Elements of Offense The elements of conspiracy to commit theft from a federally funded program that the government would need to prove beyond a reasonable doubt at trial are: Case ECF No. 92 filed 04/18/19 PagelD.391 Page 2 of 23 (1) Two or more persons, in some way or manner, agreed to try to accomplish a common and unlawful plan to commit theft from a federally funded program, as charged in the indictment; (2) The defendant knew the unlawful purpose of the plan and willfully joined in it. (3) That at some time during the existence of the agreement or conspiracy, at least one of its members performed an overt act in order to further the objective of the agreement. The elements of theft from a federally funded program are: (1) That at the time alleged in the indictment, co-defendant James Warner was an agent of the Wayne County Airport Authority (2) That in a one-year period, the WCAA received federal assistance in excess of $10,000; (3) That Douglas Earles, together with co-defendant James Warner, stole, embezzled, obtained by fraud, knowingly converted, or intentionally misapplied property; (4) That the property which was stolen, embezzled, obtained by fraud, knowingly converted, or intentionally misapplied was in the care, custody or control of the and Case ECF No. 92 filed 04/18/19 PageID.392 Page 3 of 23 (5) That the value of the property stolen, embezzled, knowingly converted, or intentionally misapplied was at least $5,000. C. Factual Basis for Guilty Plea The following facts are a suf?cient and accurate basis for the defendant?s guilty plea: The Wayne County Airport Authority (WCAA) is an organization operating within Wayne County, Michigan, in the Eastern District of Michigan. The WCAA received in excess of $10,000.00 under one or more federal programs involving grants, contracts, subsidies, loans, guarantees, insurance and other forms of federal assistance in each one-year period for the years 2010 through 2014. Defendant DOUGLAS EARLES owned and operated North Star Water Management and North Star Plumbing, companies which sought and entered into contracts for plumbing installation and maintenance at Detroit Metropolitan Airport (DTW), a division of the WCAA. From June of 2010, through August 8, 2013, EARLES and James Warner, an agent of the WCAA, engaged in a scheme in which Warner, with knowledge and permission, would, posing as EARLES, create and submit invoices on behalf for plumbing maintenance and installation which EARLES purportedly performed at DTW. Some of the invoices Warner submitted on behalf listed parts that EARLES had not in fact replaced or repairs that EARLES had not in fact performed. After drafting and Case ECF NO. 92 filed 04/18/19 PagelD.393 Page 4 Of 23 submitting the invoices to the WCAA, Warner would then approve the fabricated contents so that EARLES could be paid in full by the WCAA. EARLES was aware that the amount of money he received from the WCAA as a result of the invoices submitted by Warner was more than what he was entitled to based on the work that he actually performed. EARLES was deliberately ignorant, he deliberately ignored, a high probability that the contents of the invoices submitted by Warner were intentionally fraudulent. company received over $256,000 in payments from the WCAA. Of that amount, EARLES, in turn, paid Warner $98,431.04. D. Standard of Proof The Court will ?nd sentencing factors by a preponderance of the evidence. E. Agreed Guideline Range There are no sentencing guideline disputes. Except as provided below, the parties recommend that the defendant?s guideline range is 12-18 months, as set forth on the attached worksheets. If the Court ?nds: 1. That defendant?s criminal history category is higher than re?ected on the attached worksheets, or 2. that the offense level should be higher because, after pleading guilty, defendant made any false statement to or withheld information from his probation of?cer; otherwise demonstrated a lack of acceptance of Case ECF NO. 92 filed 04/18/19 PagelD.394 Page 5 Of 23 responsibility for his offense; or obstructed justice or committed any crime, and if any such ?nding results in a guideline range higher than 12-18 months, the higher guideline range becomes the agreed range. If the Probation Department determines that the defendant committed any part of the instant offense while under a supervisory criminal sentence and therefore should be assessed an additional two points under USSG the government does not object to a downward variance by the Court if the Court finds that the corresponding increase in the defendant?s criminal history category would result in an overrepresentation of the defendant?s criminal history. If the Court ?nds that defendant is a career offender, an armed career criminal, or a repeat and dangerous sex offender as de?ned under the sentencing guidelines or other federal law, and that ?nding is not already re?ected in the attached worksheets, this paragraph does not authorize a corresponding increase in the agreed range. Neither party may take a position concerning the applicable guidelines that is different than any position of that party as re?ected in the attached worksheets, except as necessary to the Court?s determination regarding subsections 1) and 2), above. 2. Sentence The Court will impose a sentence pursuant to 18 U.S.C. 3553, and in doing so must consider the sentencing guideline range. Case ECF No. 92 filed 04/18/19 PagelD.395 Page 6 of 23 A. Imprisonment Pursuant to Rule the sentence of imprisonment in this case may not exceed the top of the guideline range as determined by Paragraph 2B. B. Supervised Release A term of supervised release follows the term of imprisonment. The Court must impose a term of supervised release, which in this case is up to three years. The agreement concerning imprisonment described above in Paragraph 3A does not apply to any term of imprisonment that results from any later revocation of supervised release. C. Special Assessment The defendant will pay a special assessment of $100 at the time of sentencing. D. Fine The parties agree that the ?ne will be no more than the maximum amount of $250,000. E. Restitution The Court shall order restitution to every identi?able victim of the defendant?s offense. The victim and the amount of restitution in this case are as follows: WCAA, $98,431.04. F. Use of Withdrawn Guilty Plea Case ECF NO. 92 filed 04/18/19 PagelD.396 Page 7 Of 23 If the Court allows the defendant to withdraw his guilty plea for a ?fair and just reason? pursuant to Fed. R. Crim. P. the defendant waives his rights under Fed. R. Evid. 410, and the government may use his guilty plea, any statement made under oath at the change?of-plea hearing, and the factual basis statement in this plea agreement, against him in any proceeding. 3. Other Charges If the Court accepts this agreement, the government will not bring any charges based on the factual basis detailed above. 4. Each Party?s Right to Withdraw from This Agreement The government may withdraw from this agreement if the Court ?nds the correct guideline range to be different than is determined by Paragraph 2B. The defendant may withdraw from this agreement, and withdraw his guilty plea, if the Court decides to impose a sentence higher than the maximum amount allowed by Paragraph 2. This is the only reason for which the defendant may withdraw from this agreement. The Court shall advise the defendant that if he does not withdraw his guilty plea under this circumstance, the Court may impose a sentence greater than the maximum allowed by Paragraph 2. 5. Appeal Waiver The defendant waives any right he may have to appeal his conviction on any grounds. If the defendant?s sentence of imprisonment does not exceed 18 months, Case ECF NO. 92 filed 04/18/19 PagelD.397 Page 8 Of 23 the defendant also waives any right he may have to appeal his sentence on any grounds. If the defendant?s sentence of imprisonment is at least 12 months, the government waives any right it may have to appeal the defendant?s sentence. 6. Consequences of Withdrawal of Guilty Plea or Vacation of Conviction If defendant is allowed to withdraw his guilty plea or if any conviction entered pursuant to this agreement is vacated, the Court shall, on the government?s request, reinstate any charges that were dismissed as part of this agreement. If additional charges are ?led against defendant within six months after the date the order vacating defendant?s conviction or allowing him to withdraw his guilty plea becomes ?nal, which charges relate directly or indirectly to the conduct underlying the guilty plea or to any conduct re?ected in the attached worksheets, defendant waives his right to challenge the additional charges on the ground that they were not ?led in a timely manner, including any claim that they were ?led after the limitations period expired. 7. Parties to Plea Agreement Unless otherwise indicated, this agreement does not bind any government agency except the United States Attorney?s Of?ce for the Eastern District of Michigan. 8. . Scope of Plea Agreement This agreement, which includes all documents that it explicitly incorporates, is the complete agreement between the parties. This agreement supersedes all other .Case ECF No. 92 filed 04/18/19 PageID.398 Page 9 of 23 promises, representations, understandings and agreements between the parties concerning the subject matter of this plea agreement that were made at any time before the guilty plea is entered in court. Thus, no oral or written promises made by the government to defendant or to the attorney for the defendant at any time before defendant pleads guilty are binding except to the extent they have been explicitly incorporated into this agreement. Notwithstanding the previous paragraph, if defendant has entered into a proffer agreement in writing or a cooperation agreement in writing with the government, this plea agreement does not supersede or abrogate the terms of any such prior written agreement. This agreement also does not prevent any civil or administrative actions against defendant, or any forfeiture claim against any property, by the United States or any other party. Case ECF NO. 92 filed 04/18/19 PagelD.399 Page 10 Of 23 9. Acceptance of Agreement by Defendant This plea offer expires unless it has been received, fully signed, in the Office of the United States Attorney by 5:00 P.M. on April 18, 2019. The government reserves the right to modify or revoke this offer at any time before defendant pleads guilty. MATTHEW SC ulLI IDER . P. Assistant United States Attorney Assistant United States Attorney Chief, Public Corruption Unit Dated: q' 0? By signing below, defendant acknowledges that he has read (or been read) this entire document, understands it, and agrees to its terms. He also acknowledges that he is satis?ed with his attorney?s advice and representation. Defendant agrees that he has had a full and complete opportunity to confer with his lawyer, and has had all of his questions answered by his lawyer. 4% a DOUGLAAS EARLES Attorney for Defe Defendant 973 ?7 Dated Dated -10- Case ECF No. 92 filed 04/18/19 Page 11 of 23 Defendant: Douglas Earles Count: Docket No.: 18?20255 Statute(s): 18 U.S.C. WORKSHEET A (Offense Levels) Complete one Worksheet A for each count of conviction (taking into account relevant conduct and treating each stipulated offense as a separate count of conviction) before applying the multiple-count rules in U.S.S.G. ch. 3, pt. D. However, in any case involving multiple counts of conviction, if the counts of conviction are all ?closely related? to each other within the meaning of U.S.S.G. complete only a single Worksheet A. 1. BASE OFFENSE LEVEL AND SPECIFIC OFFENSE CHARACTERISTICS (U.S.S.G. ch. 2) Guideline Section Description Levels Base Offense Level 6 Loss exceeded $150,000 10 2. ADJUSTMENTS (U.S.S.G. ch. 3, pts. A, B, C) Guideline Section Description Levels Case ECF No. 92 filed 04/18/19 PageID.401 Page 12 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) 3. ADJUSTED OFFENSE LEVEL Enter the sum of the offense levels entered in Items 1 and 2. If this Worksheet A does not cover every count of conviction (taking into account relevant conduct and treating 16 each stipulated offense as a separate count of conviction), complete one or more additional Worksheets A and a single Worksheet B. If this is the only Worksheet A, check this box and skip Worksheet B. If the defendant has no criminal history, check this box and skip Worksheet C. A-2 Case ECF No. 92 filed 04/18/19 PageID.402 Page 13 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) WORKSHEET (Multiple Counts) Instructions (U.S.S.G. ch. 3, pt. D): 0 Group the counts of conviction into distinct Groups of Closely Related Counts. ?All counts involving substantially the same harm shall be grouped together into a single Group.? (See U.S.S.G. 3D1.2.) 0 Determine the offense level applicable to each Group. (See U.S.S.G. 3D1.3.) 0 Determine the combined offense level by assigning ?units? to each Group as follows (see U.S.S.G. 3D1.4): 1. GROUP ONE: ADJUSTED OFFENSE LEVEL . umt 2. GROUP Two: ADJUSTED OFFENSE LEVEL . unit 3. GROUP THREE: ADJUSTED OFFENSE LEVEL . umt 4. GROUP FOUR: ADJUSTED OFFENSE LEVEL unit 5. TOTAL UNITS units assign 1 unit to the Group with the highest offense level, assign 1 unit to each additional Group that is equally serious as, or 1 to 4 levels less serious than, the Group with the highest offense level, assign 1/2 unit to each Group that is 5 to 8 levels less serious than the Group with the highest offense level, assign no units to each Group that is 9 or more levels less serious than the Group with the highest offense level. B-l Case ECF No. 92 filed 04/18/19 PageID.403 Page 14 of 23 Defendant: Douglas Earles Count: Docket N0.: 18-20255 Statute(s): 18 U.S.C. 6. INCREASE IN OFFENSE LEVEL 1 unit a no increase 2 1/2 3 units add 3 levels 1 1/2 units add 1 level 3 1/2 5 units add 4 levels 2 units add 2 levels 5 levels add 5 levels 7. ADJUSTED OFFENSE LEVEL OF GROUP WITH THE HIGHEST OFFENSE LEVEL 8. COMBINED ADJUSTED OFFENSE LEVEL Enter the sum of the offense levels entered in Items 6 and 7. I Case ECF No. 92 filed 04/18/19 PageID.404 Page 15 of 23 Defendant: Douglas Earles Count: DocketNo.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) WORKSHEET (Criminal History) Date of defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses): 1. PRIOR SENTENCES Prior Sentence of Imprisonment Exceeding 13 Months Enter 3 points for each prior adult sentence of imprisonment exceeding one year and one month that either (1) was imposed within 15 years of the defendant's commencement of the instant offenses (taking into account relevant conduct and stipulated offenses) or (2) resulted in the defendant?s con?nement during any part of that 15-year period. (See U.S.S.G. 4A1 Prior Sentence of Imprisonment of at Least 60 Days (Q.S.S.G. 4A1.1(bn: Enter 2 points for each prior sentence of imprisonment of at least 60 days not counted under U.S.S.G. 4A1.1(a) that either (1) resulted from an offense committed after the defendant turned 18 and was imposed within 10 years of the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) (see U.S.S.G. or (2) resulted from an offense committed before the defendant turned 18 and resulted in the defendant?s con?nement during any part of the 5- year period preceding the defendant?s commencement of the instant offense (see U.S.S.G. Other Prior Sentences (Q.S.S.G. 4A1.1(cn: Enter 1 point for each prior sentence not counted under U.S.S.G. 4A1.1(a) or that either (1) resulted from an offense committed after the defendant turned 18 and was imposed within 10 years of the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) (see U.S.S.G. or (2) resulted from an offense committed before the defendant turned 18 and was imposed within 5 years of the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) (see U.S.S.G. NOTE: No more than 4 points may be added under this item. C-l 3.12m 2 INT 1POI Case ECF No. 92 filed 04/18/19 PageID.405 Page 16 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) Date of Status* Offense Sentence Release Points Imposition Date** Aug 30, 2013 A Poss. cont. subst. deferred Feb 28,2014 "1 If the defendant committed the offense before turning 18, indicate whether he or she was sentenced as a juvenile (J) or as an adult (A). A release date is required in only two situations: (1) when a sentence covered under U.S.S.G. 4A1.1(a) was imposed more than 15 years before the defendant?s commencement of the instant offense (taking into account relevant conduct and stipulated offenses) but resulted in his or her con?nement during any part of that 15-year period; or (2) when a sentence counted under U.S.S.G. 4A1 was imposed for an offense committed before the defendant turned 18 but resulted in his or her con?nement during any part of the 5-year period preceding his or her commencement of the instant offense (taking into account relevant conduct and stipulated offenses). Case ECF No. 92 filed 04/18/19 PageID.406 Page 17 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) 2. COMMISSION OF INSTANT OFFENSE WHILE UNDER PRIOR SENTENCE 4. (U.S.S.G. Enter 2 points if the defendant committed any part of the instant offense (taking into account relevant conduct and stipulated offenses) while under any criminal justice sentence having a custodial or supervisory component, including probation, parole, supervised release, imprisonment, work release, and escape status. (See U.S.S.G. List the type of control and identify the sentence from which it resulted. PRIOR SENTENCE RESULTING FROM CRIME 0F VIOLENCE (U.S.S.G. Enter 1 point for each prior sentence resulting from a conviction for a crime of violence that did not receive any points under U.S.S.G. or because such sentence was considered related to another sentence resulting from a conviction for a crime of violence. But enter no points where the sentences are considered related because the offenses occurred on the same occasion. (See U.S.S.G. Identify the crimes of violence and brie?y explain why the cases are considered related. NOTE: No more than 3 points mayI be added under this item. TOTAL CRIMINAL HISTORY POINTS Enter the sum of the criminal history points entered in Items 1?4. 5. CRIMINAL HISTORY CATEGORY Total Criminal Historv Points Criminal History Categorv 010-12 213 VI C-3 Case ECF No. 92 filed 04/18/19 PageID.407 Page 18 of 23 Defendant: Douglas Earles Count: Docket No.: 18?20255 Statute(s): 18 U.S.C. 666(a)(1)(A) WORKSHEET (Guideline Range) 1. (COMBINED) ADJUSTED OFFENSE LEVEL Enter the adjusted offense level entered in Item 3 of Worksheet A or the combined adjusted offense level entered in item 8 of Worksheet B. 2. ADJUSTMENT FOR ACCEPTANCE OF RESPONSIBILITY (U.S.S.G. 3E1.1) 3. TOTAL OFFENSE LEVEL Enter the difference between Items 1 and 2. 4. CRIMINAL HISTORY CATEGORY Enter if the defendant has no criminal history. Otherwise, enter the criminal history category entered in Item 6 of Worksheet C. 5. CAREER CAREER SEX OFFENDER (U .S.S.Total Offense Level: If the career offender provision (U.S.S.G. 4B1.1), the criminal livelihood provision (U.S.S.G. 4B1.3), the armed career criminal provision (U.S.S.G. 4B1.4), or the dangerous sex offender provision (U.S.S.G. results in a total offense level higher than the total offense level entered in Item 3, enter the higher offense level total. Criminal History Category: If the career offender provision (U.S.S.G. 4B1.1), the armed career criminal provision (U.S.S.G. 4B1.4), or the dangerous sex offender provision (U.S.S.G. results in a criminal history category higher than the criminal history category entered in Item 4, enter the higher criminal history category. GUIDELINE RANGE FROM SENTENCING TABLE (U.S.S.G. CH. 5, PT. A) Enter the guideline range in the Sentencing Table (see U.S.S.G. ch. 5, pt. A) produced by the total offense level entered in Item 3 or 5.a and the criminal history category entered in Item 4 or 5.b. D-l 16] 13*" 12?18.) months Case ECF No. 92 filed 04/18/19 PageID.408 Page 19 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) 7. STATUTORY RESTRICTIONS ON OR SUPERSESSION 0F GUIDELINE RANGE If the maximum sentence authorized by statute is below, or a minimum sentence required by statute is above, the guideline range entered in Item 6, enter either the guideline range as restricted by statute or the sentence required by statute. (See U.S.S.G. 5G1.1.) If the sentence on any count of conviction is required by statute to be consecutive to the sentence on any other count of conviction, explain why. months D-2 Case ECF No. 92 filed 04/18/19 PageID.409 Page 20 of 23 Defendant: Douglas Earles Count: Docket No.: 18?20255 Statute(s): 18 U.S.C. 666(a)(1)(A) WORKSHEET (Authorized Guideline Sentences) 1. PROBATION a. Imposition of a Term of Probation (U.S.S.G. 5B1 .1) 1. Probation is not authorized by the guidelines (minimum of guideline range 2 10 months or statute of conviction is a Class A or a Class felony). If this box is checked, go to Item 2 (Split Sentence). 2. Probation is authorized by the guidelines (minimum of guideline range zero months). 3. Probation is authorized by the guidelines, provided the court imposes a condition or combination of conditions requiring intermittent con?nement, community con?nement, or home detention satisfying the minimum of the guideline range (minimum of guideline range 0 months but 9 months). b. Length of Term of Probation (U.S.S.G. 5B1.2) 1. At least 1 year but not more than 5 years (total offense level 2 6) 2. No more than 3 years (total offense level 6). 0. Conditions of Probation (U.S.S.G. 5B1.3) 2. SPLIT SENTENCE (U.S.S.G. a. A split sentence is not authorized (minimum of guideline range 0 months or 15 months). IX b. A split sentence is authorized (minimum of guideline range 0 months but 12 months). The court may impose a sentence of imprisonment that includes a term of supervised release with a condition that substitutes community con?nement or home detention for imprisonment, provided that at least one?half of the minimum of the guideline range is satis?ed by imprisonment (if the minimum of the guideline range is 10 or 12 months), or that at least one month is satis?ed by imprisonment (if the minimum of the guideline range months). The authorized length of the term of supervised release is set forth below in Item 4.b. 3. IMPRISONMENT (U.S.S.G. CH. 5, PT. C) A term of imprisonment is authorized by the guidelines if it is within the applicable guideline range (entered in Item 6 of Worksheet D). (See U.S.S.G. 5C1.1.) Case ECF No. 92 filed 04/18/19 PageID.410 Page 21 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) 4. SUPERVISED RELEASE (U.S.S.G. ch 5., pt. D) a. Imposition of a Term of Supervised Release (U.S.S.G. 5D1 . 1) The court must impose a term of supervised release if it imposes a term of imprisonment of more than one year, or if it is required to do so by statute. The court may impose a term of supervised release if it imposes a term of imprisonment of one year or less. b. of Term of Supervised Release (U.S.S.G. 5D1.2) 1. At least 2 years but not more than 5 years, where the count of conviction is a Class A or a Class felony, an offense carrying a maximum term of imprisonment 25 years. 2. At least 1 year but not more than 3 years, where the count of conviction is a Class or a Class felony, an offense carrying a maximum term of imprisonment 5 years but 25 years. 3. 1 year, where the count of conviction is a Class felony or a Class A misdemeanor, an offense carrying a maximum term of imprisonment 6 months but 5 years. 4. The statute of conviction requires a minimum term of supervised release of years. 0. Conditions of Supervised Release (U.S.S.G. 5D1.3) The court must impose certain conditions of supervised release and may impose other conditions of supervised release. 5. RESTITUTION (U.S.S.G. 5E1.1) 1. The court must order full restitution to the victim(s) of the offense(s) of conviction. (See 18 U.S.C. 3556, 3663A, 3664.) The court will determine who the victims are and their restitution amounts. X1 2. The court must order full restitution to the victim(s) of the offense(s) of conviction. (See 18 U. S. C. 3556, 3663A, 3664) The parties agree that full restitution is $98,431.04 . Case ECF No. 92 filed 04/18/19 PageID.411 Page 22 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) 3. The parties agree that the court may order restitution to the victim(s) of the offense(s) . of conviction in any amount up to and including . (See 18 U.S.C. 3663(a)(3), 3664.) 4. The parties agree that the court may also order restitution to persons other than the victim(s) of the offense(s) of conviction in any amount up to and including 5. Restitution is not applicable. 6. FINE a. Fines for Individual Defendants The court must impose a ?ne unless ?the defendant establishes that he [or she] is unable to pay and is not likely to become able to pay any (See U.S.S.G. Generally, the ?ne authorized by the guidelines is limited to the range established in the Fine Table. (See U.S.S.G. However, there are exceptions to this general rule. (See U.S.S.G. Fine Range from Fine Table (U.S.S.G. 6 5E 140(3)) Minimum Fine Maximum Fine $5,500" $55,000 Case ECF No. 92 filed 04/18/19 PageID.412 Page 23 of 23 Defendant: Douglas Earles Count: Docket No.: 18-20255 Statute(s): 18 U.S.C. 666(a)(1)(A) 7. SPECIAL (U.S.S.G. 5E1.3) The court must impose a special assessment on every count of conviction. The special assessments for individual defendants are: $100.00 for every count charging a felony ($400 for a corporation), II $25.00 for every count charging a Class A misdemeanor ($125 for a corporation), $10.00 for every count charging a Class misdemeanor ($50 for a corporation), and I $5.00 for every count charging a Class misdemeanor or an infraction ($25 for a corporation). The defendant must pay a special assessment or special assessments in the total amount of $100 A . 8. FORFEITURE (U.S.S.G. 5E1.4) Assets of the defendant will be Assets of the defendant will not be forfeited. . forfeited. 9. ADDITIONAL APPLICABLE GUIDELINES, POLICY STATEMENTS, AND STATUTES List any additional applicable guideline, policy statement, or statute. 10. UPWARD OR DOWNWARD DEPARTURE (U.S.S.G. ch. 5, pts. K) List any applicable aggravating or mitigating circumstance that might support a term of imprisonment above or below the applicable guideline range. (Rev. April 2014) 13-4