Case 1:14-cr-00317-ODE Document 22 Filed 03/19/15 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
U NITED S TATES OF A MERICA
v.
E LAINE B OYER

Criminal Information
No. 1:14-CR-317-ODE

UNITED STATES MOTION TO REDUCE DEFENDANTS

SENTENCE BASED ON SUBSTANTIAL ASSISTANCE
The United States of America, by John Horn, Acting United States Attorney for
the Northern District of Georgia, and Jeffrey W. Davis, Assistant United States
Attorney, files this motion to reduce defendant Elaine Boyers sentence based on
her substantial assistance to the United States. See U.S.S.G. ' 5K1.1.
In support of its motion, the United States submits as follows:
1. On August 26, 2014, the United States Attorney for the Northern District of
Georgia charged Boyer via Criminal Information with conspiratorial mail fraud
and substantive wire fraud. (Doc. 1); see 18 U.S.C. '' 1341, 1343, & 1349.
2. On September 3, 2014, Boyer pleaded guilty to all counts of the Criminal
Information. (Docs. 2; 7; 7-1).
3. By this motion, the United States moves to reduce Boyers sentence based
on her substantial assistance to the Government. See U.S.S.G. ' 5K1.1 (Upon
motion of the government stating that the defendant has provided substantial
assistance in the investigation or prosecution of another person who has
committed an offense, the court may depart from the guidelines).
4. In particular: (a) Boyer debriefed with and provided information to federal
and state law enforcement officers; (b) Boyers cooperation lead to the

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prosecution and guilty plea of John Boyer; and (c) Boyers information and
testimony may be used by federal and state authorities in future cases. See
generally United States v. John Boyer, 1:15-CR-054-ODE. In that regard, Boyer
recognizes that the instant ' 5K1.1 motion encompasses and includes all potential
future cooperation related to the information already provided by Boyer.
5. Based on her cooperation, the United States requests that the Court reduce
Boyers sentence by four (4) months which equates to more than a 20-percent
sentence reduction.
6. As a result, if the Court grants the parties request for a one-level
downward variance for judicial economy, the United States will recommend that
the Court sentence Boyer to 14 months of incarceration.
WHEREFORE, the United States respectfully requests that the Court grant its
Motion to Reduce Defendants Sentence Based on Substantial Assistance.
Dated:

March 19, 2015.

Respectfully submitted,
J OHN H ORN
Acting United States Attorney

/s/ JEFFREY W. DAVIS

Assistant United States Attorney
Georgia Bar No. 426418

600 U.S. Courthouse 75 Spring Street SW

Atlanta, GA 30303 404.581.6000
2

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CERTIFICATE OF SERVICE
I served this document today by filing it using the Courts CM/ECF
system, which automatically notifies the parties and counsel of record for the
defendant.
Dated: March 19, 2015.

/s/ JEFFREY W. DAVIS

Assistant United States Attorney