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Mike Carroll Plea Agreement

Mike Carroll Plea Agreement

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Published by: The Huntsville Times on May 16, 2013
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07/10/2013

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IN THE DISTRICT COURT OF THE UNITED STATESFOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
UNITED STATES OF AMERICA
V.
DAVID MICHAEL CARROLL
))
)
R. NO. 2:12-CR-211-MEF
))
PLEA AGREEMENT
DEFENSE COUNSEL
oseph L. Dean, Jr.ASSISTANT U.S. ATTORNEY:
avid H. Estes, William A. Hall, Jr.
COUNT AND STATUTE CHARGED
Count 1:
8 U.S.C. § 666(a)(1)(A) & 18 U.S.C. § 2 - Theft or bribery concerning programs
receiving Federal funds
COUNT PLEADING PURSUANT TO PLEA AGREEMENT
Count 1:
8 U.S.C. § 666(a)(1)(A) & 18 U.S.C. §
2
STATUTORY MAXIMUM PENALTIES
Count 1:
8 U.S.C. § 666(a)(1)(A) & 18 U.S.C. § 2A term of imprisonment of not more than ten years, and a fine of not more than $250,000,or both; a term of supervised release of not more than three years; an assessment fee of $100; andan order of restitution.
ELEMENTS OF THE OFFENSE
Count 1:
8 U.S.C. § 666(a)(1 )(A) & 18 U.S.C. § 2 - Theft or bribery concerning programsreceiving Federal funds
First:
hat Defendant was an agent of a state government, or any agency of that
government;
Second:
hat Defendant without authority knowingly converted property to the use of any
person other than the rightful owner;Third
hat the property was owned by, or was under the care, custody, or control of the
agency;
Case 2:12-cr-00211-MEF-WC Document 70 Filed 05/14/13 Page 1 of 16
 
Fourth:
hat the property had a value of $5,000 or more; and
Fifth: That the agency, in a one year period, received benefits of more than $10,000
under any Federal program involving a grant, contract subsidy, loan, guarantee,
insurance or other assistance. The one year period must begin no more than 12
months before the defendant committed these acts and must end no more than 12
months afterward.
Under Title 18, United States Code, Section 2, Defendant "aids and abets" a person if
the Defendant intentionally joins with the person to commit a crime.
Defendant is criminally responsible for the acts of another person if the Defendant
aids and abets the other person. Defendant is also responsible if Defendant
willfully directs or authorizes the acts of an agent, employee, or other associate.
But finding that Defendant is criminally responsible for the acts of another person
requires proof that Defendant intentionally associated with or participated in thecrime - not just proof that Defendant was simply present at the scene of a crimeor knew about it. In other words, a jury must find beyond a reasonable doubt that
Defendant was a willful participant and not merely a knowing spectator.
** ** * *** * ** * ** ** * ** ** ** * ** * ** * ** ** ** * ** ** *** * ** * ** **
David H. Estes, Special Assistant United States Attorney, and Joseph L. Dean, Jr.,
attorney for the defendant, pursuant to Fed. R. Crim. P. ii (c)( 1 )(C), have, with the authorization
of the undersigned defendant, heretofore entered into discussions with a view towards reaching a
pretrial conclusion of the charges pending in the Indictment and a Plea Agreement has beenreached by said parties in the following respects. The plea is being submitted to the Court
pursuant to Fed. R. Crim. P. 1 1(c)(1)(C), and the parties understand that, if the terms of the Plea
Agreement are not accepted by the Court, the defendant will be allowed to withdraw the
defendant's plea of guilty and proceed to trial. The parties further understand that, if at any time,
the defendant breaches this agreement, his guilty plea may not be withdrawn.
(2
Case 2:12-cr-00211-MEF-WC Document 70 Filed 05/14/13 Page 2 of 16
 
GOVERNMENT'S PROVISIONS
1.
pon entering a plea of guilty by the defendant to the offense charged in Count 1
of the Indictment, the attorney for the United States will do the following:
a.
The United States will agree that a 2-level decrease in the applicable
offense level pursuant to U.S.S.G. § 3E1.1(a) for the defendant's acceptance of responsibility is
appropriate, so long as between the date of this agreement and the date of sentencing, the
defendant does not obstruct justice, commit any new federal or state offense, or otherwise fail toaccept responsibility for the offense conduct. The United States finds that the defendant 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
United States to avoid preparing for trial and permitting the United States and this Court to
allocate their resources efficiently, and if Defendant otherwise qualifies, the United States will
move at sentencing for a further reduction of one level, pursuant to U.S.S.G. § 3E1.1(b).
Determination of whether the defendant met the defendant's obligations to qualify for the
reduction pursuant to U.S.S.G. § 3E1.1 is at the sole discretion of the United States.
b.
The United States will agree, pursuant to Fed. R. Crim. P. 1 1(c)(1)(C), thatthe appropriate disposition of the case is a sentence of nine (9) months imprisonment (which falls
within USSG Offense Level 11), a fine of $1,000, and restitution of $17,000 payable to theAlabama Administrative Office of Courts and of $20,000 payable to the Alabama Criminal
Justice Information Center.
C.
pon acceptance of the plea of guilty by the Court and the imposition of
the sentence set forth in paragraph 1(b), the United States agrees not to further criminally
(?)
Case 2:12-cr-00211-MEF-WC Document 70 Filed 05/14/13 Page 3 of 16

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