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 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. § 2B1.1, which provides for a base offense level of 6. d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct2 may be more than $1,000,000.00 but not more than $2,500,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $1,000,000.00 but not more than $2,500,000.00, there will be a 16-level increase in the offense level. e. The Government contends that the offense involved sophisticated means, resulting in a two-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest this. 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 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. The Government, at the time of sentencing, will file a written motion 2 Defendant purchased one other property which the Government contends will be relevant conduct (000 XX Xxxxxxx Xxx Court, Xxx’x Summit, Missouri). with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility. g. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office. 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 his plea of guilty. 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 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. k. The defendant understands and agrees that the factual admissions contained in Paragraphs 3 and 4 of this plea agreement, and any admissions that he will make during his 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 parties believe the applicable Guidelines Manual is the one that took effect on November 1, 20082007, 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. § 2B1.1, which provides for a base offense level of 6. d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct2 conduct may be more than $1,000,000.00 400,000.00 but not more than $2,500,000.001,000,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $1,000,000.00 400,000.00 but not more than $2,500,000.001,000,000.00, there will be a 16fourteen-level increase in the offense level. e. The Government contends that the offense involved sophisticated means, resulting in a two-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest this. 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 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. The Government, at the time of sentencing, will file a written motion 2 Defendant purchased one other property which the Government contends will be relevant conduct (000 XX Xxxxxxx Xxx Court, Xxx’x Summit, Missouri). with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility. g. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office. 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 his plea of guilty. 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 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. k. The defendant understands and agrees that the factual admissions contained in Paragraphs 3 and 4 of this plea agreement, and any admissions that he will make during his 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 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. § 2B1.1, which provides for a base offense level of 6. d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct2 conduct (if any) may be more than $1,000,000.00 200,000.00 but not more than $2,500,000.00400,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $1,000,000.00 200,000.00 but not more than $2,500,000.00400,000.00, there will be a 1612-level increase in the offense level. e. The Government contends that the offense involved sophisticated means, resulting in a two-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest this. f. 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 his her own misconduct by timely notifying authorities of his her 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 she is entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. The Government, at the time of sentencing, will file a written motion 2 Defendant purchased one other property which the Government contends will be relevant conduct (000 XX Xxxxxxx Xxx Court, Xxx’x Summit, Missouri). with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his her pretrial release; or (2) attempts to withdraw his her guilty plea, violates the law, or otherwise engages in conduct inconsistent with his her acceptance of responsibility. g. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine his her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office. 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 his her plea of guilty. 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 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. k. The defendant understands and agrees that the factual admissions contained in Paragraphs 3 and 4 of this plea agreement, and any admissions that he she will make during his her 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 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. § 2B1.1, which provides for a base offense level of 6. d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct2 conduct1 may be more than $1,000,000.00 400,000.00 but not more than $2,500,000.001,000,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $1,000,000.00 400,000.00 but not more than $2,500,000.001,000,000.00, there will be a 1614-level increase in the offense level. e. The Government contends that the offense involved sophisticated means, resulting in a two-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest this. f. The Government believes that the offense involved the unauthorized use of a means of identification unlawfully to obtain another means of identification, resulting in a two-level increase pursuant to § 2B1.1(b)(10)(C)(i); the defendant reserves the right to contest this. g. 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. The Government, at the time of sentencing, will file a written motion 2 Defendant purchased one other property which the Government contends will be relevant conduct (000 XX Xxxxxxx Xxx Court, Xxx’x Summit, Missouri). with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility. g. h. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine his 1 Defendant purchased three investment properties using a false social security number: 0000 XX Xxxxxxx Xxxx, Xxx’x Summit, Missouri (charged in the indictment); 000 Xxxxxxxx Xxxxxxx, Xxxxxx Xxxx, Xxxxxxxx (relevant conduct); and 3120 Mellier, Kansas City, Kansas (relevant conduct). applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office. h. 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 his plea of guilty. i. 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.” j. k. 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. k. l. The defendant understands and agrees that the factual admissions contained in Paragraphs 3 and 4 of this plea agreement, and any admissions that he will make during his 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 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. § 2B1.1, which provides for a base offense level of 6. d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct2 conduct1 may be more than $1,000,000.00 400,000.00 but not more than $2,500,000.001,000,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $1,000,000.00 400,000.00 but not more than $2,500,000.001,000,000.00, there will be a 1614-level increase in the offense level. e. The Government contends that the offense involved sophisticated means, resulting in a two-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest this. 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 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. The Government, at the time of sentencing, will file a written motion 2 Defendant purchased one other property which the Government contends will be relevant conduct (000 XX Xxxxxxx Xxx Court, Xxx’x Summit, Missouri). with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility. g. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office. 1 Defendant purchased one other investment property which the Government contends will be relevant conduct (00 Xxxxxxx Xxxxx, Kansas City, Missouri). 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 his plea of guilty. 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 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. k. The defendant understands and agrees that the factual admissions contained in Paragraphs 3 and 4 of this plea agreement, and any admissions that he will make during his plea colloquy, support the imposition of the agreed Guidelines calculations contained in this agreement.