Common use of Agreed Guidelines Applications Clause in Contracts

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 “unreasonable”; b. The applicable Guidelines sections for the offense of conviction is U.S.S.G. § 8A1.2, and The Teleport was a criminal purpose organization under § 8C1.1. c. Based upon the parties agreement that all of The Teleport’s assets are forfeitable and the agreement to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and at the time of sentencing will recommend that the Court not impose a fine. d. The parties agree that the defendant is subject to a term of probation as provided for in U.S.S.G. § 8D1.2. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the Court. 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 its plea of guilty; f. 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 g. The defendant understands and agrees that the factual admissions contained in Paragraphs 3 and 4 of this plea agreement, and any admissions that it will make during its plea colloquy, support the imposition of the agreed Guidelines calculations contained in this 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 “unreasonable”; b. The applicable Guidelines sections section for the offense of conviction is U.S.S.G. § 8A1.22D1.1, and The Teleport was which provides for a criminal purpose organization under § 8C1.1.base offense level of at least 30; c. The applicability of other Guideline provisions which would either increase or decrease the Defendant’s sentence, including but not limited to, role in the offense, relevant conduct, § 5C1.2 and Criminal History Category, will be determined by the Court after completion of the pre-sentence investigation by the United Stated Probation Office. Based upon the parties agreement information known to the United States, it appears that the Defendant has satisfied all the requirements of §5C1.2 (a)(1)-(5), and will qualify for the safety valve pursuant to § 5C1.2, and the 2-level reduction pursuant to §2D1.1(b)(11) of the Guidelines; d. 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 his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, he is entitled to a 3-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines, unless the defendant: (1) fails to abide by all of The Teleport’s assets are forfeitable the terms and conditions of this plea agreement and his pretrial release; or (2) attempts to withdraw his guilty plea[s], violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility; e. There is no agreement to sell the assets and pay the proceeds to the government to be forfeited, between the parties agree that a fine should not be imposed in this case and at regarding the time of sentencing will recommend that the Court not impose a fine. d. defendant’s criminal history category. The parties agree that the defendant is subject to a term Court will determine his applicable criminal history category after receipt of probation as provided for in U.S.S.G. § 8D1.2. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied presentence investigation report prepared by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the Court.United States Probation Office; e. 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 its his plea of guilty; f. 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 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 Indictmentindictment. 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 g. i. The defendant understands and agrees that the factual admissions contained in Paragraphs paragraph 3 and 4 of this plea agreement, and any admissions that it he will make during its his plea colloquy, support the imposition of the agreed upon Guidelines calculations contained in this 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 “unreasonable”; b. The applicable Guidelines sections section for the offense of conviction is U.S.S.G. § 8A1.22L2.1(a), and The Teleport was which provides for a criminal purpose organization under § 8C1.1.base offense level of 11; c. Based upon The defendant is subject to a 9-level enhancement for the offense involving more than 100 identity documents pursuant to U.S.S.G. § 2L2.1(b)(2)(C); d. The parties agreement that all of The Teleport’s assets are forfeitable and reserve the agreement right to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and argue at the time of sentencing will recommend that the Court not impose a fine. d. The parties agree that whether the defendant is subject to a term 4-level enhancement for being an organizer or leader of probation as provided for in a criminal activity that involved five or more participants or was otherwise extensive pursuant to U.S.S.G. § 8D1.23B1.1(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 his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, he is entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines, unless he (1) fails to abide by all of the terms and conditions of this plea agreement; or (2) attempts to withdraw his guilty pleas, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility; f. The parties further agree that in the event Court will determine his applicable criminal history category after receipt of the compliance with the forfeiture provision of this agreement has not been satisfied presentence investigation report prepared by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the Court.United States Probation Office; e. 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 its his plea of guilty; f. 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 Indictmentindictment. 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 g. i. The defendant understands and agrees that the factual admissions contained in Paragraphs Paragraph 3 and 4 of this plea agreement, and any admissions that it he will make during its his plea colloquy, support the imposition of the agreed agreed-upon Guidelines calculations contained in this 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 defendant”s applicable Guidelines range, provided the sentence imposed is not “unreasonable”; b. The applicable Guidelines sections section for the offense of conviction is U.S.S.G. § 8A1.22L2.1(a), and The Teleport was which provides for a criminal purpose organization under § 8C1.1.base offense level of 11; c. Based upon The defendant is subject to a 9-level enhancement for the offense involving more than 100 identity documents pursuant to U.S.S.G. § 2L2.1(b)(2)(C); d. The parties agreement that all of The Teleport’s assets are forfeitable and reserve the agreement right to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and argue at the time of sentencing will recommend that the Court not impose a fine. d. The parties agree that whether the defendant is subject to a term 4-level enhancement for being an organizer or leader of probation as provided for in a criminal activity that involved five or more participants or was otherwise extensive pursuant to U.S.S.G. § 8D1.23B1.1(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 his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, he is entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines, unless he (1) fails to abide by all of the terms and conditions of this plea agreement; or (2) attempts to withdraw his guilty pleas, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility; f. The parties further agree that in the event Court will determine his applicable criminal history category after receipt of the compliance with the forfeiture provision of this agreement has not been satisfied presentence investigation report prepared by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the Court.United States Probation Office; e. 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 its his plea of guilty; f. 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 Indictmentindictment. 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 g. i. The defendant understands and agrees that the factual admissions contained in Paragraphs Paragraph 3 and 4 of this plea agreement, and any admissions that it he will make during its his plea colloquy, support the imposition of the agreed agreed-upon Guidelines calculations contained in this 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 “unreasonable”; b. The applicable Guidelines sections section for the offense of conviction is U.S.S.G. § 8A1.22L2.1(a), and The Teleport was which provides for a criminal purpose organization under § 8C1.1.base offense level of 11; c. Based upon The defendant is subject to a 9-level enhancement for the offense involving more than 100 identity documents pursuant to U.S.S.G. § 2L2.1(b)(2)(C); d. The parties agreement that all of The Teleport’s assets are forfeitable and reserve the agreement right to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and argue at the time of sentencing will recommend whether the defendant is subject to an 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 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 his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court not impose to allocate their resources efficiently. Therefore, he is entitled to a fine.three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines, unless he (1) fails to abide by all of the terms and conditions of this plea agreement; or (2) attempts to withdraw his guilty pleas, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility; d. f. The parties agree that the defendant is subject to a term Court will determine his applicable criminal history category after receipt of probation as provided for in U.S.S.G. § 8D1.2. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied presentence investigation report prepared by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the Court.United States Probation Office; e. 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 its his plea of guilty; f. 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 Indictmentindictment. 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 g. i. The defendant understands and agrees that the factual admissions contained in Paragraphs Paragraph 3 and 4 of this plea agreement, and any admissions that it he will make during its his plea colloquy, support the imposition of the agreed agreed-upon Guidelines calculations contained in this 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 “unreasonable.”; b. The applicable Guidelines sections section for the offense of conviction in Count Four is U.S.S.G. § 8A1.22A3.1, and The Teleport was which provides for a criminal purpose organization under § 8C1.1base offense level of 30. c. Based upon The parties expressly acknowledge that other enhancements or reductions in the parties agreement that all of defendant’s offense level may be applicable. The Teleport’s assets are forfeitable and defendant agrees to not oppose enhancements applied by the agreement to sell U.S. Probation Office or the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and at the time of sentencing will recommend that the Court not impose a finegovernment. d. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the defendant is subject to a term Court will determine the applicable criminal history category after receipt of probation as provided for in U.S.S.G. § 8D1.2. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied presentence investigation report prepared by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the CourtUnited States Probation Office. e. The defendant understands that the estimate of the parties with respect to the Guidelines computation estimated Guideline calculations set forth in the subsections of this paragraph does do not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure Court’s determination 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 its plea of guilty;applicable advisory Guidelines. f. The defendant and the United States confirm that the agreed sentence set forth above is both reasonable and authorized by law. 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 Indictmentan 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. g. h. The defendant understands and agrees that the factual admissions contained in Paragraphs paragraphs 3 and 4 of this plea agreement, and any admissions that it will make are made during its the plea colloquy, support the imposition of the agreed Guidelines calculations contained in this 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 “unreasonable”; b. The applicable Guidelines sections section for the offense of conviction is U.S.S.G. § 8A1.22B1.1, and The Teleport was which provides for a criminal purpose organization under § 8C1.1.base offense level of 7; c. Based upon There is a 4 level enhancement pursuant to U.S.S.G §2B1.1(b)(1)(C) because the amount involved exceeded $10,000; d. There is a 2 level enhancement pursuant to U.S.S.G §31B1.3 because the defendant abuse his position of trust as a police officer in a manner that significantly facility his offense; e. The defendant has admitted his guilt and clearly accepted responsibility for his actions. Consequently, he is entitled to a two-level reduction pursuant to § 3E1.1(a) of the Sentencing Guidelines; f. There is no agreement between the parties agreement that all of The Teleportregarding the defendant’s assets are forfeitable and the agreement to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and at the time of sentencing will recommend that the Court not impose a fine. d. criminal history category. The parties agree that the defendant is subject to a term Court will determine his applicable criminal history category after receipt of probation as provided for in U.S.S.G. § 8D1.2. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied presentence investigation report prepared by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the Court.United States Probation Office; e. 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 its his plea of guilty; f. h. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the government 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 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 Indictmentindictment. 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, g. j. The defendant understands and agrees that the factual admissions contained in Paragraphs Paragraph 3 and 4 of this plea agreement, and any admissions that it he will make during its his plea colloquy, support the imposition of the agreed agreed-upon Guidelines calculations contained in this 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 However, if the Court may accepts this Rule 11(c)(1)(C) plea agreement, the Court is bound to impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable”agreed to by the parties, as set forth in paragraph 6 above; b. The applicable Guidelines sections 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. § 8A1.22D1.8, which provides that U.S.S.G. § 2D1.1 is applicable and The Teleport was provides for a criminal purpose organization under § 8C1.1. c. Based upon the parties agreement that all base offense level of The Teleport’s assets are forfeitable and the agreement to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and at the time of sentencing will recommend that the Court not impose a fine.12; d. The parties agree that the there will be a 2-level increase under § 3A1.1(b)(1); e. The defendant has admitted his guilt and clearly accepted responsibility for his actions. Consequently, he is subject entitled to a term 2-level reduction pursuant to § 3E1.1(a) of probation as provided for in U.S.S.G. § 8D1.2. the Sentencing Guidelines; f. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied by the date of sentencing, it shall be made defendant’s criminal history category is a special condition of any term of probation that is imposed by the Court.VI; e. g. The defendant understands that the estimate of the parties with respect to the estimated Guidelines computation calculations 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 Court’s determination 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 its plea of guiltyapplicable advisory Guidelines; f. h. The defendant and the United States confirm that the agreed sentence in paragraph 6 above is both reasonable and authorized by law; 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 Indictmentindictment. 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 g. j. The defendant understands and agrees that the factual admissions contained in Paragraphs paragraph 3 and 4 of this plea agreement, and any admissions that it he will make during its his plea colloquy, support the imposition of the agreed upon Guidelines calculations contained in this 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 “unreasonable”; b. The applicable Guidelines sections 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. § 8A1.22B1.1, and which provides for a base offense level of 6; d. The Teleport was a criminal purpose organization under § 8C1.1.government maintains that the applicable loss figure is more than $120,000.00 but less than $200,000.00. Defendant may contest either the government’s asserted loss estimate or the loss amount figure proposed by the Presentence Report at sentencing; c. Based e. The parties do not request or recommend an abuse of trust or special skill enhancement, but recognize this agreement is not binding upon the parties agreement that all of Court or the United States Probation Office. The Teleport’s assets are forfeitable and Government will concur with any additional special offense characteristics proposed by the agreement to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and Presentence Investigation Report. Defendant may also contest such additional proposed enhancements at the time of sentencing will recommend that sentencing; f. The defendant has admitted her guilt and clearly accepted responsibility for her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of her intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court not impose to allocate their resources efficiently. Therefore, she is entitled to a fine.three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines; d. g. The parties agree that the defendant is subject to a term Court will determine her applicable criminal history category after receipt of probation as provided for in U.S.S.G. § 8D1.2. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied presentence investigation report prepared by the date United States Probation Office; h. The United States agrees not to seek an upward departure from the Guidelines or a sentence beyond the low end of sentencingthe applicable advisory Guidelines range. Defendant, it shall be made however, may argue for imposition of a special condition of reasonable sentence range either within or outside the advisory Guidelines range. Defendant also retains the right to file any term of probation 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 imposed by the Court.not “unreasonable”; e. 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 of this plea agreement, provide the defendant with a basis to withdraw its her plea of guilty; f. 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 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 g. k. The defendant understands and agrees that the factual admissions contained in Paragraphs 3 and 4 of this plea agreement, and any admissions that it she will make during its her plea colloquy, support the imposition of the agreed Guidelines calculations contained in this agreement.