Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows: a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@; b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level; c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court; d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility; e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office; f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty; g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 4 contracts
Samples: Plea Agreement, Plea Agreement, Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. A. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s Defendant’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable;”
b. The B. For Counts One and Ten, the applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2M5.1(a) (1), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level of 26; however. Further, Defendant willfully obstructed and impeded, and attempted to obstruct and impede, the parties recognize administration of justice with respect to the probation office investigation of the instant offenses, and the Court have the authority obstructive conduct related to potentially make a determinationDefendant’s offenses of conviction, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that warranting a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating pursuant to U.S.S.G. applications applicable to this defendant§ 3C1.1; DEFENDANT INITIALS: MH -11-
C. For Count Thirty-Three, the parties elect applicable Guidelines section is U.S.S.G. § 2J1.2, which provides for a base offense level of 14. Further, the offense was extensive in scope, planning and preparation, warranting a two-level increase pursuant to address those at sentencing whether or not applied by the pre-sentence report or CourtU.S.S.G. § 2J1.2(b)(3)(C);
d. D. The defendant appears to have parties agree that no offense levels are added by operation of the grouping rules, U.S.S.G., Part D;
X. Xxxxxxxxx has admitted his guilt and clearly accepted responsibility for his actions. Consequently, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a threetwo-level reduction pursuant to ' 3E1.1(b§ 3E1.1(a) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibilityGuidelines;
e. There is no agreement between the parties regarding the defendant=s X. Xxxxxxxxx’s criminal history category. category appears to be Category I. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant G. Defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant Defendant with a basis to withdraw this his plea of guilty;
g. X. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable;”
I. Defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s Defendant’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant Defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant Defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; andand DEFENDANT INITIALS: MH
h. The defendant J. Defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 2 contracts
Samples: Plea Agreement, Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on September 15, 2009;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' §§ 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make of 36. There is a determination, from the facts of the case and application of the law, of a higher two- level than that minimum base offense level and if such higher level increase for leader/organizer under 3B1.1. There is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that also a two-level increase for the money laundering conspiracy conviction is appropriateabuse of position of trust under 3B1.3. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendantTherefore, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;total offense level is 40.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 2 contracts
Samples: Plea Agreement, Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense of not less than a level 26; however32, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, but the parties reserve the right to address at sentencing that probation the pre-sentence or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, defendant the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 2 contracts
Samples: Plea Agreement, Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2015.
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§2T1.1 via the tax loss table via 2T4.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. 14. The parties agree that a two-level increase for the money laundering conspiracy conviction total tax loss attributable to the defendant’s conduct is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;$49,543.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a threetwo-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 12 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the United States to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and;
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 2 contracts
Samples: Plea Agreement, Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are merely advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;“unreasonable.”
b. The applicable Guidelines Manual is the one that took effect on November 1, 2001.
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2Bl.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; howeverof 6.
d. The amount of loss, the parties recognize the probation office and the Court have the authority to potentially make including relevant conduct, is greater than $2,500,000 but not greater than $7,000,000, resulting in an increase of 18 offense levels.
e. There is a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a twoone-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating conduct charged in Count Two, pursuant to U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;§ 2S1.1(b)(2)(A).
d. f. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect unless the defendanteffect.
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. g. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;.
f. h. Offense level 22, Criminal History Category I, provides a sentencing range of 41 to 51 months imprisonment and falls in Zone D. A sentence in Zone D must be satisfied by a custodial sentence.
i. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 paragraph 12 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;.
g. j. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”.
k. The defendant consents to judicial fact-finding by a preponderance of the evidence for all of any contested issues pertaining to the determination of the defendant=s sentence, including ’s sentence under the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximumUnited States Sentencing Guidelines. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentencesentence under the Guidelines, may consider any reliable information, including hearsay; and.
h. l. The defendant understands and agrees that the factual admissions contained in Paragraph paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense of not less than a level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, but the parties reserve the right to address at sentencing that probation the pre-sentence or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, defendant the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction in Count One is U.S.S.G. ' 2D1.1, which, for a conviction under 21 USC '' 841(a)(1§ 2D1.1(c), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three3-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make a motion with move the Court to that effect effect, unless the defendant
(1) defendant fails to abide by all of the terms and conditions of this plea agreementagreement and his pretrial release, any addendums, and any pretrial release orders; or (2) attempts to withdraw this his guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. d. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph section does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph section 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
f. The defendant understands that the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.” However, while the United States does not agree that a sentence outside the Guidelines range is appropriate, the defendant may argue for a sentence outside the Guidelines range. The agreement by the Government not to seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office, and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentInformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph section 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2L2.1(a), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level11;
c. The parties agree that defendant is subject to a two9-level increase enhancement for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating offense involving more than 100 identity documents pursuant to U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2L2.1(b)(2)(C);
d. The defendant appears is subject to have a 4-level enhancement for being an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive pursuant to U.S.S.G. § 3B1.1(a);
e. The defendant has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the GovernmentGuidelines, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
she (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this her guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. f. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. g. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' § 2D1.1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;which provides
c. The parties agree that a two-level applicability of other Guideline provisions which would either increase for or decrease the money laundering conspiracy conviction is appropriate. While Defendant’s sentence, including but not limited to, role in the parties recognize there might offense, relevant conduct, § 5C1.2 and Criminal History Category, will be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, determined by the parties elect to address those at sentencing whether or not applied by Court after completion of the pre-sentence report or Courtinvestigation by the United Stated Probation Office;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three3-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the GovernmentGuidelines, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
: (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) plea[s], violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and the defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office, and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”. The government further agrees not to oppose a sentence at the low end of the guideline range;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2010;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level6;
c. d. The parties agree to leave open the amount of loss that the defendant is subject to under U.S.S.G. § 2B1.1;
e. The parties agree that a two-level increase for 2 point enhancement because the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating offense involved sophisticated means (U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2B1.1(b)(9));
d. f. The defendant appears to have does not qualify for any reductions other than acceptance of responsibility;
g. The defendant has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any her pretrial release ordersrelease; or (2) attempts to withdraw this her guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. h. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. i. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 12 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentInformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. k. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
l. The United States agrees not to seek an upward departure from the Guidelines or a variance above the Guidelines range. Other than a reduction based on substantial assistance, the defendant agrees that she will not seek a downward departure from the Guidelines, or a variance below the Guidelines range. The agreement not to seek a departure from the Guidelines or non- Guidelines sentence is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”
m. The parties expressly acknowledge that other enhancements or reductions in the defendant’s offense level may be applicable and reserve the right to argue for such enhancements or reductions, as set forth in paragraph 14.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2L2.1(a), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level11;
c. The parties agree that defendant is subject to a two9-level increase enhancement for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating offense involving more than 100 identity documents pursuant to U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2L2.1(b)(2)(C);
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the GovernmentGuidelines, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
he (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this his guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.12B1.1(a)(2), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level6;
c. The parties agree that A 20-point enhancement for a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating loss in excess of $7 million under U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2B1.1(b)(1)(K);
d. the parties to not agree on whether the defendant should receive an increase for an aggravating role in the offense, U.S.S.G. § 3B1.1;
e. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. f. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;.
f. g. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. h. The defendant may seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties regarding departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
i. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. j. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' § 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; howeverof not less than 32, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, but the parties reserve the right to address at sentencing that probation the pre-sentence report or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, defendant the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his her guilt and accepted responsibility for his her actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category, including any enhancements that might be applicable due to any criminal history the defendant may have. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, specifically including but not limited to: the determination of any mandatory minimum sentence (including sentence; the facts that support any specific offense characteristic or other enhancement or adjustment), and and; any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and,
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made that the defendant may make during the defendant=s any plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.12L2.1(a), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level11;
c. The parties agree that defendant is subject to a two9-level increase enhancement for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating offense involving more than 100 identity documents pursuant to U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2L2.1(b)(2)(C);
d. The defendant appears is subject to have a 4-level enhancement for being an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive pursuant to U.S.S.G. § 3B1.1(a);
e. The defendant has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the GovernmentGuidelines, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
she (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this her guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. f. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. g. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2007;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court6;
d. The government will contend that the applicable loss amount is greater than $120,000.00 but less than $200,000.00. Defendant may contest the estimated loss amount asserted by the government in the loss amount proposed by the Presentence Report at sentencing;
e. The Government will concur with any additional special offense characteristics proposed by the Presentence Investigation Report. Defendant may contest such additional proposed enhancements at the time of sentencing;
f. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a two or three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and Guidelines;
g. The parties agree that defendant qualifies for a 3-level reduction as a minimal minor participant in the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all overall conspiracy as defined in Section 3B1.2 of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibilityGuidelines;
e. There is no agreement between the parties regarding the defendant=s criminal history category. h. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. i. The United States agrees not to seek an upward departure from the Guidelines or a sentence beyond the low end of the applicable advisory Guidelines range. Defendant may argue for imposition of a reasonable sentence range either within or outside the advisory Guidelines range. Defendant retains the right to file any applicable downward departure motions. This agreement by the parties is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
j. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. k. The defendant consents to judicial fact-finding by a preponderance of the evidence for all of any contested issues pertaining to the determination of the defendant=s sentence, including ’s sentence under the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximumUnited States Sentencing Guidelines. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentIndictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentencesentence under the Guidelines, may consider any reliable information, including hearsay; and
h. l. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' § 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; howeverof 32, the parties recognize the probation office based upon between 500 grams and the Court have the authority to potentially make a determination, from the facts 1500 grams of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined levelmethamphetamine;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. d. There is no agreement between the parties regarding the defendant=s 's criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2H1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level6;
c. The parties agree that defendant is subject to a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Courtoffense characteristic enhancement under § 2H1.1(b)(1) of 6 levels;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three2-level reduction pursuant to ' 3E1.1(b§ 3E1.1(a) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibilityGuidelines;
e. There is no agreement between the parties regarding the The defendant=s ’s criminal history category. category is Category I. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The defendant understands that the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.” The agreement by the Government not to seek a upward departure from the Guidelines is not binding upon the Court or the United States Probation Office, and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction in Count One is U.S.S.G. ' 2D1.1§ 2D1.1(c)(3), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26of 34; however, the parties recognize the probation office and the Court have the authority to potentially make Count Xxx carries a determination, from the facts mandatory consecutive sentence of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined levelsixty months;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant has admitted defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his ’s guilt and clearly accepted responsibility for his defendant’s actions, and has assisted authorities in the investigation or prosecution of defendant’s own misconduct by timely notifying authorities of the defendant’s intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any defendant’s pretrial release ordersrelease; or (2) attempts to withdraw this defendant’s guilty plea; or (3) plea[s], violates the law; , or (4) otherwise engages in conduct inconsistent with an defendant’s acceptance of responsibilityresponsibility (Level 31 for Count One, plus sixty months for Count Six);
e. There is no agreement between the parties regarding the defendant=s criminal history category. d. The parties agree that the Court will determine the defendant’s applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this defendant’s plea of guilty;
f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made that defendant will make during the defendant=s ’s plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2010;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court6;
d. The defendant appears and the government agree that 12 levels of enhancement are applicable because the loss attributable to have Xxxxxxx’x conduct was between $266,000 and $385,460, under § 2B1.1(a)(1)(G);
e. The defendant admits that an enhancement of 4 levels is appropriate under § 2B1.1(b)(2)(B), because he sold stock to over 50 victims but less than 250 victims;
f. The defendant has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three3-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. g. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. h. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 12 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. i. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentinformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. j. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, This plea agreement between the parties recognize the probation office and the Court have the authority is made pursuant to potentially make a determination, from the facts Rule 11(c)(1)(C) of the case and application Federal Rules of the law, of a higher level than that minimum base offense level and if such higher level is determined, Criminal Procedures with an agreed upon sentencing range between the parties reserve the right of 22 to address at sentencing that probation or Court determined level25 years imprisonment;
c. The parties agree believe that a two-level increase for following the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendantapplication of all appropriate guideline sections and enhancements, the parties elect to address those at sentencing whether or not applied by the pre-presumptive guideline sentence report or Courtwould be a life sentence;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
f. The United States and the defendant both submit that a sentence in the range of 22-25 years imprisonment is an appropriate disposition. Therefore, the parties agree to being restricted to only arguing for an appropriate sentence within this agreed upon range.
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;“unreasonable.”
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.12X4.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, 9 levels lower than the parties recognize offense level for the probation office and crime that the Court have the authority defendant failed to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum disclose. The base offense level and if such higher for the crime the defendant failed to disclose was level is determined14 (derived from the presentence report on Xxxxx Xxxxxx Xxxx). Thus, the parties reserve base offense level for the right to address at sentencing that probation or Court determined level;defendant is level 5.
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, Because the defendant appears entitled to was a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, law enforcement officer at the time he committed the misprision offense, there is a 2 level increase in the offense level pursuant to U.S.S.G. § 3B1.3 (abuse of sentencing, will make a motion with position of trust).
d. Unless the Court to that effect unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release ordersrelease; or (2) attempts to withdraw this the defendant=s guilty plea; or (3) violates the law; law or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;, the parties agree that a 2 level reduction should be made in the offense level for acceptance of responsibility, pursuant to U.S.S.G. ' 3E1.1.
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;.
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;.
g. If the court adopts the guideline calculations in this plea agreement, the resulting guideline range is 0-6 months’ imprisonment. Probation is a permissible sentence within this guideline range. The Government agrees to recommend a sentence of probation. The sentencing recommendations of the parties are not binding upon the Court, or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the an indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and.
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraphs 3 or other places within and 4 of this plea agreement, and any admissions that are made during the defendant=s plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for Manual is the offense of conviction is U.S.S.G. ' 2D1.1one that took effect on November 1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level2010;
c. The parties agree that the amount of cocaine involved in this offense under the revised U.S.S.G. 2D1.1 will result in a two-base offense level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;of 30.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2L2.1(a), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level11;
c. The parties agree that defendant is subject to a two9-level increase enhancement for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating offense involving more than 100 identity documents pursuant to U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2L2.1(b)(2)(C);
d. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the GovernmentGuidelines, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
she (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this her guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;; The parties have agreed, however, that both sides will argue for a sentence of one year and one day at sentencing to the one count of wire fraud.
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.12B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; howeverof 7. Because the offense involved a loss of $35,000, the parties recognize the probation office and the Court have the authority a 6 level enhancement applies pursuant to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined levelU.S.S.G. § 2B1.1(b)(1)(D);
c. The parties understand that there may be applicable guideline enhancements and reductions that can apply. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating to allow each side to advocate their respective positions as to each enhancement or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those reduction at sentencing whether or not applied by the pre-sentence report or Courtsentencing;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and if the offense level is 16 or greater, otherwise he is entitled to a two-level reduction. The Government, at the time of sentencing, will make a motion with the Court recommendation to that effect effect, unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. , although the parties believe the defendant’s criminal history will be a category I. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States and the defendant agree to argue for a sentence of one year and one day, with the understanding that this term may be below the calculated guideline range. The agreement by the parties is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentinformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2010;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level6;
c. d. The parties agree to leave open the amount of loss that Xxxxxx is subject to under U.S.S.G. § 2B1.1;
e. The parties agree that a two-level increase for 2 point enhancement because the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating offense involved sophisticated means (U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2B1.1(b)(9));
d. x. Xxxxxx does not qualify for any reductions other than acceptance of responsibility;
g. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any her pretrial release ordersrelease; or (2) attempts to withdraw this her guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. h. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. i. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 12 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentInformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. k. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
l. The United States agrees not to seek an upward departure from the Guidelines or a variance above the Guidelines range. Other than a reduction based on substantial assistance, the defendant agrees the she will not seek a downward departure from the Guidelines, or a variance below the Guidelines range. The agreement not to seek a departure from the Guidelines or non- Guidelines sentence is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”
m. The parties expressly acknowledge that other enhancements or reductions in the defendant’s offense level may be applicable and reserve the right to argue for such enhancements or reductions, as set forth in paragraph 14.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined32, but the parties reserve the right to address at sentencing that probation the pre-sentence or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, defendant the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction as to Counts 1 and 2 is U.S.S.G. ' 2D1.1, which, § 2K1.4. The applicable Guidelines section for a the offense of conviction under 21 USC '' 841(a)(1), (b)(1)(B) as to Counts 3 and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level 4 is determined, the parties reserve the right to address at sentencing that probation or Court determined levelU.S.S.G. § 2H1.1;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three3-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
: (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. d. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
f. The defendant understands that the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.” However, while the United States does not agree that a sentence outside the Guidelines range is appropriate, the defendant may argue for a sentence outside the Guidelines range. The agreement by the Government not to seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office, and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction in Count One is U.S.S.G. ' 2D1.1§ 2D1.1(c)(3), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26of 34; howeverbecause the defendant acted chiefly as a driver for other’s involved in the conspiracy, the parties recognize the probation office and the Court have the authority he is entitled to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase reduction under U.S.S.G. § 3B1.2(b) for being a minor participant in the money laundering charged conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;(Level 32)
d. c. The defendant appears to have has admitted his defendant’s guilt and clearly accepted responsibility for his defendant’s actions, and has assisted authorities in the investigation or prosecution of defendant’s own misconduct by timely notifying authorities of the defendant’s intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. (Level 29) The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any defendant’s pretrial release ordersrelease; or (2) attempts to withdraw this defendant’s guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an defendant’s acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. d. The parties agree that the Court will determine the defendant’s applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this defendant’s plea of guilty;
f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made that defendant will make during the defendant=s ’s plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.12B1.1(a)(2), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level6;
c. A 18-point enhancement for a loss in excess of $2.5 million under U.S.S.G. § 2B1.1(b)(1)(J);
d. The parties agree that the defendant was a minor participant in the criminal activity and therefore, should receive a two-level increase reduction for role in the money laundering conspiracy conviction is appropriateoffense. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;§ 3B1.2.
d. e. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. f. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. g. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. h. The defendant may seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties regarding departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
i. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. j. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense of not less than a level 26; however, the parties recognize minimum for the probation office and crime to which the Court have the authority to potentially make a determinationdefendant is pleading, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, but the parties reserve the right to address at sentencing that probation the pre-sentence report or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, defendant the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2008;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, § 2B1.1(a)(2) which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court6;
d. There is specific offense enhancement of eighteen (18) levels based upon the total amount of loss being more than $2,500,000.00 pursuant to § 2B1.1(b)(1)(J);
e. The parties reserve their right to argue for or against any additional enhancements not listed above at sentencing;
f. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. g. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. h. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. i. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentInformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. k. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2L2.1(a), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level11;
c. The parties agree that defendant is subject to a two9-level increase enhancement for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating offense involving more than 100 identity documents pursuant to U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2L2.1(b)(2)(C);
d. The parties agree that the defendant appears is entitled to have a four-level reduction for minimal participant pursuant to § 3B1.2(a);
e. The defendant has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the GovernmentGuidelines, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
he (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. f. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. g. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for Manual is the offense of conviction is U.S.S.G. ' 2D1.1one that took effect on November 1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level2010;
c. The parties agree that the amount of cocaine and crack cocaine involved in this offense will result in a base offense level 24 under the revised U.S.S.G. 2D1.1. The parties are open to argue their respective positions on the application of a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;firearm enhancement.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) plea[s], violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense of not less than a level 26; however18, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, but the parties reserve the right to address at sentencing that probation the pre-sentence report or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
i. While the defendant is free to make any good faith arguments desired vis-à-vis an appropriate sentence, the Government agrees to only recommend a sentence within the ultimately determined guideline range.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level16;
c. The parties agree that a two-level increase for Defendant agrees to pay full restitution in the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;amount of $183,500.00.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. I. The defendant understands and agrees that the factual admissions contained in Paragraph paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2010.
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2D1.1(c)(3), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;34.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Chapter Two Guidelines section for the offense of conviction Count Two is U.S.S.G. ' 2D1.1, which§ 2X1.1, for a conviction under 21 USC '' 841(a)(1)Count Thirty-eight is U.S.S.G. § 2B1.1, (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level for Count Thirty-nine is determined, the parties reserve the right to address at sentencing that probation or Court determined levelU.S.S.G. § 2S1.1;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears Government presently anticipates she will be entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines if her offense level before adjustment for acceptance of responsibility is 16 or greater, and the Governmenta two-level reduction otherwise. The Government presently anticipates that, at the time of sentencing, it will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any her pretrial release ordersrelease; or (2) attempts to withdraw this her guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. d. There is no agreement between the parties regarding the defendant=s ’s criminal history categorycategory and other Chapter Four adjustments. The parties agree that the Court will determine the defendant’s applicable criminal history category and other Chapter Four adjustments after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea her pleas of guilty;
f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and the defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from or sentence outside the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2006;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2G1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court14;
d. The parties agree to argue their respective sides regarding all enhancements at the time of sentencing;
e. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any her pretrial release ordersrelease; or (2) attempts to withdraw this her guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility];
e. f. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. g. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 paragraph 12 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. h. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
i. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. j. The defendant understands and agrees that the factual admissions contained in Paragraph paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense of not less than a level 26; however32, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, but the parties reserve the right to address at sentencing that probation the pre-sentence or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, defendant the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
j. The Government agrees to request and recommend that the federal sentence to be imposed herein run concurrently to any unsatisfied state sentence.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The As stated in the plea agreement, the Sentencing Guidelines generally do not bind the Court and are advisory in nature. The , and the Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable;” however, this agreement, pursuant to Rules 11(c)(1)(C), 11(c)(3)(A) and 11(c)(4), provides for an agreed sentencing range which binds the Court if this plea agreement is accepted;
b. The Pursuant to the agreement, and pursuant to Rules 11(c)(1)(C), 11(c)(3)(A) and 11(c)(4), the applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2D1.1(a)(2), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; howeverof 38, the parties recognize the probation office and the Court have the authority to potentially make a determination, as death resulted from the facts use of heroin which the case and application of defendant provided to the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined levelindividual who died;
c. The parties agree that Court will determine whether the defendant has accepted responsibility pursuant to § 3E1.1(a). If the Court determines the defendant is due a two2-level increase point reduction for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendantacceptance of responsibility, the parties elect Government agrees it will inform the court that the defendant is entitled to address those at sentencing whether an additional 1-point reduction as he has assisted authorities in the investigation or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted prosecution of his guilt and accepted responsibility for his actions, and own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, and thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' Guideline § 3E1.1(b) of the Sentencing Guidelines and the ). The Government, at the time of sentencing, will make file a written motion with regarding the Court to that effect additional 1- point reduction unless the defendant
: (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.or
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. A. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s Defendant’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable;”
b. The applicable Guidelines section for B. For violation of 22 U.S.C. §§ 612 and 618 (the offense of conviction is U.S.S.G. ' 2D1.1, which, for a conviction under 21 USC '' 841(a)(1Foreign Agents Registration Act), (b)(1)(B) and 846no offense Guideline has been expressly promulgated, requires a minimum base offense level 26; howeverand, pursuant to U.S.S.G. § 2X5.1 under the circumstances of this case, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts provisions of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;18 U.S.C. § 3553 shall control; DEFENDANT INITIALS: A.A.E.
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have X. Xxxxxxxxx has admitted his guilt and clearly accepted responsibility for his actions. Consequently, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a threetwo-level reduction pursuant to ' 3E1.1(b§ 3E1.1(a) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibilityGuidelines;
e. There is no agreement between the parties regarding the defendant=s X. Xxxxxxxxx’s criminal history category. category appears to be Category I. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant X. Xxxxxxxxx understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant Defendant with a basis to withdraw this his plea of guilty;
g. F. Defendant expressly reserves the right to argue for a departure from the Guidelines range, or a sentence lower than the Guidelines range. The defendant United States agrees that it will, at sentencing, comment on the statutory sentencing factors, but will not recommend a specific sentence to the Court;
G. Defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s Defendant’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant Defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant Defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant H. Defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense offenses of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level7;
c. The parties agree United States anticipates that a two12-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Courtenhancement will apply based upon a loss of $397,122 (§ 2B1.1(b)(1)(D));
d. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three3-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
: (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any her pretrial release ordersrelease; or (2) attempts to withdraw this her guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. The defendant understands that the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.” However, while the United States does not agree that a sentence outside the Guidelines range is appropriate, the defendant may argue for a sentence outside the Guidelines range. The agreement by the Government not to seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office, and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;“unreasonable.”
b. The applicable Guidelines section for the offense of conviction in Count One is U.S.S.G. ' 2D1.1§§ 2X1.1 and 2A3.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, of 30.
c. The parties expressly acknowledge that other enhancements or reductions in the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base defendant’s offense level may be applicable and if such higher level is determined, the parties reserve the right to address at sentencing that probation argue for such enhancements or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendantreductions, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;as set forth in paragraph 14.
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, Unless the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release ordersrelease; or (2) attempts to withdraw this the defendant’s guilty plea; or (3) violates the law; law or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;, the parties agree that at least a 2-level reduction should be made in the offense level for acceptance of responsibility and a 3-level reduction should be made if the court determines the offense level is 16 or higher.
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;.
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;.
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the an indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and.
h. The United States agrees not to seek an upward departure from the Guidelines or a variance above the Guidelines range. Other than a reduction based on substantial assistance, the defendant agrees that he will not seek a downward departure from the Guidelines, or a variance below the Guidelines range. The agreement not to seek a departure from the Guidelines or non-Guidelines sentence is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”
i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraphs 3 or other places within and 4 of this plea agreement, and any admissions that are made during the defendant=s plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Chapter Two Guidelines section for the offense of conviction Counts One and Two is U.S.S.G. ' 2D1.1, which§ 2X1.1, for a conviction under 21 USC '' 841(a)(1)Counts Twenty-eight and Forty-two is U.S.S.G. § 2B1.1, (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office for Counts Twenty-nine and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level Forty-three is determined, the parties reserve the right to address at sentencing that probation or Court determined levelU.S.S.G. § 2S1.1;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears Government presently anticipates he will be entitled to a three-three- level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines if his offense level before adjustment for acceptance of responsibility is 16 or greater, and the Governmenta two-level reduction otherwise. The Government presently anticipates that, at the time of sentencing, it will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. d. There is no agreement between the parties regarding the defendant=s ’s criminal history categorycategory and other Chapter Four adjustments. The parties agree that the Court will determine the defendant’s applicable criminal history category and other Chapter Four adjustments after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea his pleas of guilty;
f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and the defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from or sentence outside the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction in Count One is U.S.S.G. ' 2D1.12D1.1(c)(3), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26of 32; however, the parties recognize the probation office and the Court have the authority to potentially make Count Six carries a determination, from the facts mandatory consecutive sentence of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined levelsixty months;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant has admitted defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his =s guilt and clearly accepted responsibility for his defendant=s actions, and has assisted authorities in the investigation or prosecution of defendant=s own misconduct by timely notifying authorities of the defendant=s intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any defendant=s pretrial release ordersrelease; or (2) attempts to withdraw this defendant=s guilty plea; or (3) plea[s], violates the law; , or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. acceptance of responsibility (Level 29);
d. The parties agree that the Court will determine the defendant=s applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this defendant=s plea of guilty;
f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made that defendant will make during the defendant=s plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for Manual is the offense of conviction is U.S.S.G. ' 2D1.1one that took effect on November 1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level2010;
c. The parties agree that a two-the amount of crack cocaine involved in this offense is 175 grams and the base offense level increase for under the money laundering conspiracy conviction revised U.S.S.G. 2D1.1 is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;28.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines. The defendant may request that the Court sentence him to the statutory mandatory minimum sentence of 120 months using the factors set forth in 18 U.S.C. § 3553 as a basis for a variance from the Guidelines range. The agreement by the United States to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are merely advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;“unreasonable.”
b. The applicable Guidelines Manual is the one that took effect on November 1, 2003.
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2Bl.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; howeverof 6.
d. The amount of loss, the parties recognize the probation office and the Court have the authority to potentially make including relevant conduct, is greater than $400,000 but not greater than $1,000,000, resulting in an increase of 14 offense levels.
e. There is a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a twoone-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating conduct charged in Count Two, pursuant to U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;§ 2S1.1(b)(2)(A).
d. f. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect unless the defendanteffect.
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There g. While there is no agreement between the parties regarding the defendant=s ’s criminal history category, the parties believe the defendant may be in criminal history category II. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;.
f. h. Offense level 18, Criminal History Category II, provides a sentencing range of 27 to 33 months imprisonment and falls in Zone D. A sentence in Zone D must be satisfied by a custodial sentence.
i. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 paragraph 12 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;.
g. j. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”
k. The defendant consents to judicial fact-finding by a preponderance of the evidence for all of any contested issues pertaining to the determination of the defendant=s sentence, including ’s sentence under the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximumUnited States Sentencing Guidelines. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentencesentence under the Guidelines, may consider any reliable information, including hearsay; and.
h. l. The defendant understands and agrees that the factual admissions contained in Paragraph paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1(a)(2), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level6;
c. The parties agree that A 20-point enhancement for a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating loss in excess of $7 million under U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court§ 2B1.1(b)(1)(K);
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The defendant may seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties regarding departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;“unreasonable.”
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.12B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;six.
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any her pretrial release ordersrelease; or (2) attempts to withdraw this her guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. d. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and.
h. e. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support will be used to calculate the imposition of the agreed-upon defendant’s Guidelines calculations contained in this agreementrange.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2010;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court6;
d. The defendant appears and the government agree that 12 levels of enhancement are applicable because the loss attributable to have Halliburton’s conduct was $369,605 under § 2B1.1(a)(1)(G);
e. The defendant admits that an enhancement of 4 levels is appropriate under § 2B1.1(b)(2)(B), because he sold stock to over 50 victims but less than 250 victims;
f. The defendant has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three3-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. g. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. h. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 12 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. i. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentinformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. k. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense of not less than a level 26; however24, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, but the parties reserve the right to address at sentencing that probation the pre-sentence or Court determined drug level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, defendant the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his her guilt and accepted responsibility for his her actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within this plea agreement, and any admissions made during the defendant=s plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for Manual is the offense of conviction is U.S.S.G. ' 2D1.1one that took effect on November 1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;2010.
c. The parties agree that the amount of cocaine and crack cocaine (which is at least 28 grams but less than 112 grams) involved in this offense will result in a two-base offense level increase for 26 under the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating revised U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;2D1.1.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2J1.2(a), which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level14;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a threetwo-level reduction pursuant to ' 3E1.1(b§ 3E1.1(a) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibilityGuidelines;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 12 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B§2E4.1(a)(2) and 846, requires §2T4.1(K) which provides a minimum base offense level of 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. d. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
f. The defendant may seek a downward departure or variance from the Guidelines or a sentence outside the Guidelines range, including a request for probation. The agreement by the parties regarding departure or variance from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not Aunreasonable@;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2006;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court6;
d. The government will concur with the loss amount figure determined by the Presentence Investigation Report. Defendant may contest the loss amount figure at sentencing;
e. The Government will concur with any additional special offense characteristics proposed by the Presentence Investigation Report. Defendant may contest such additional proposed enhancements at the time of sentencing;
f. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibilityGuidelines;
e. There is no agreement between the parties regarding the defendant=s criminal history category. g. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. h. Other than the application of the “substantial assistance” provisions of Paragraph 10 above, the United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. This agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
i. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 12 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all of any contested issues pertaining to the determination of the defendant=s sentence, including ’s sentence under the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximumUnited States Sentencing Guidelines. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictmentInformation. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentencesentence under the Guidelines, may consider any reliable information, including hearsay; and
h. k. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for Count One of the offense of conviction is U.S.S.G. ' 2D1.1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the indictment is
1. The parties recognize the probation office and agree that the Court have will determine the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base defendant’s offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. d. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide provided the defendant with a basis to withdraw this his plea of guilty;
f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
g. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on September 15, 2009;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' §§ 2D1.1, which2S1.1 and 2B1.1, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26of 30; however, the parties recognize government agrees to the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, §3B1.2 for a decrease of 3 level for a higher level than that minimum base offense level role between minimal and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to minor in this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;offense.
d. The defendant appears to have has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of the her intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears she is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any her pretrial release ordersrelease; or (2) attempts to withdraw this her guilty plea; or (3) pleas, violates the law; , or (4) otherwise engages in conduct inconsistent with an her acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this her plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that she will make during the defendant=s her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@“unreasonable”;
b. The applicable Guidelines section for Manual is the offense of conviction is U.S.S.G. ' 2D1.1one that took effect on November 1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level2010;
c. The parties agree that a two-the amount of cocaine involved in this offense is not less than seven kilograms of cocaine and the base offense level increase for under the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating revised U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;2D1.1 will apply.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”;
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;“unreasonable.”
b. The applicable Guidelines section for the offense of conviction Count 1 is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level6;
c. The parties agree that Pursuant to U.S.S.G. § 3B1.2, a two3-level increase for reduction applies, because the money laundering defendant was somewhere between being a minor and a minimal participant as to the conspiracy conviction is appropriate. While charged in the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;information.
d. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three3-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendumssupplement thereto, and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;.
e. There is no agreement between the parties regarding the defendant=s The defendant appears to have a criminal history category. category of I. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;.
f. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;.
g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range. The defendant remains free to argue for any sentence authorized by law, including a downward departure from the Guidelines or a variance from the Guidelines range. The agreement by the Government to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”
h. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and.
h. i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 or other places within of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s ’s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;“unreasonable.”
b. The parties believe the applicable Guidelines Manual is the one that took effect on November 1, 2008, but agree that the determination is for the Court and the Probation Office.
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1§ 2B1.1, which, which provides for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; howeverof 6.
d. While the precise loss amount is as yet undetermined, the parties recognize Government believes the probation office and the Court have the authority to potentially make a determination, amount of loss from the facts offenses of conviction may be more than $200,000.00 but not more than $400,000.00, which will result in a 12-level increase in the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve level. The defendant reserves the right to address at sentencing contest this amount of loss.
e. The Government contends that probation or Court determined level;
c. The parties agree that the offense involved sophisticated means, resulting in a two-level increase for pursuant to § 2B1.1(b)(9)(C); the money laundering conspiracy conviction is appropriate. While defendant reserves the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable right to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;contest this.
d. f. The defendant appears to have has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of the his intention to enter a plea of guilty has guilty, thereby permitted permitting the Government to avoid preparing for trial and permitted permitting the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears he is entitled to a three-level reduction pursuant to ' § 3E1.1(b) of the Sentencing Guidelines and the Guidelines. The Government, at the time of sentencing, will make file a written motion with the Court to that effect effect, unless the defendant
defendant (1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, agreement and any his pretrial release ordersrelease; or (2) attempts to withdraw this his guilty plea; or (3) , violates the law; , or (4) otherwise engages in conduct inconsistent with an his acceptance of responsibility;.
e. g. There is no agreement between the parties regarding the defendant=s ’s criminal history category. The parties agree that the Court will determine the his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;.
f. h. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw this his plea of guilty;.
g. i. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”
j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant=s ’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and.
h. k. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 or other places within and 4 of this plea agreement, and any admissions made that he will make during the defendant=s his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this agreement.
Appears in 1 contract
Samples: Plea Agreement