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 section for the offense of conviction is U.S.S.G. § 2B1.1, which provides for a base offense level of 6; c. The applicable Guidelines section as it relates to “Specific Offense Characteristics” for losses is U.S.S.G. § 2B1.1(b), which provides for an increase is 14 levels for losses that exceed $400,000 but are less than $1,000,000. d. The applicable Guidelines section as it relates to “Abuse of Position of Trust or Use of Special Skill” is U.S.S.G. § 3B1.3, which provides for an increase in 2 levels as this defendant utilized his position as co-owner and a mortgage broker to commit this offense. 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. The Government, at the time of sentencing, will file a written 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 and his pretrial release; or
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 “unreasonable”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2018;
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. § 2B1.12G2.1, which provides for a base offense level of 632;
c. The applicable Guidelines section d. Because the offense involved a minor who had attained the age of twelve years but had not attained the age of 16 years, the offense level is increased 2 levels pursuant to § 2G2.1(b)(1);
e. Because the offense involved the commission of a sexual act or sexual contact, the offense level is increased 2 levels pursuant to § 2G2.1(b)(2)(A);
f. Because a minor victim was in the custody, care, or supervisory control of the defendant, the offense level is increased 2 levels pursuant to § 2G2.1(b)(5);
g. Because the offense involved the exploitation of more than one minor, U.S.S.G. Chapter Three, Part D shall be applied as it relates if the exploitation of each minor had been contained in a separate count of conviction pursuant to “Specific Offense Characteristics” for losses is U.S.S.G. § 2B1.1(b2G2.1(d), which provides for an increase is 14 levels for losses that exceed $400,000 but are less than $1,000,000.
d. The applicable Guidelines section as it relates to “Abuse of Position of Trust or Use of Special Skill” is U.S.S.G. § 3B1.3, which provides for an increase in 2 levels as this defendant utilized his position as co-owner and a mortgage broker to commit this offense.
e. h. 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 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; oror (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility;
i. 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;
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 his plea of guilty;
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). 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 information. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay;
l. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that he will make during his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement; and
m. The parties agree that at sentencing the defendant may argue for a sentence below the applicable 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 applicable Guidelines range, provided the sentence imposed is not “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. § 2B1.1, which provides for a base offense level of 6 in § 2B1.1(a)(2); an 6-level upward adjustment for loss amount in § 2B1.1(b)(1)(E); a 2-level upward adjustment for misrepresentations that he was acting as a government actor in § 2B1.1(b)(9)(A); and a 2-level upward adjustment for use of sophisticated means;
c. The applicable Guidelines section as it relates to “Specific Offense Characteristics” for losses is U.S.S.G. § 2B1.1(b), which provides for an increase is 14 levels for losses that exceed $400,000 but are less than $1,000,000.
d. The applicable Guidelines section defendant abused a position of trust as it relates to “Abuse of Position of Trust or Use of Special Skill” is U.S.S.G. set forth in § 3B1.3, which provides for an increase in 2 levels as this defendant utilized his position as coso that a 2-owner and a mortgage broker to commit this offense.level upward adjustment applies;
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. The Government, at the time of sentencing, will file a written 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 and his pretrial release; 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. 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 “unreasonable”Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction under Counts One and Two is U.S.S.G. § 2B1.12D1.1, which provides for a base offense level of 6;
c. 28 (41 grams of methamphetamine (actual)). The applicable Guidelines section as it relates to “Specific Offense Characteristics” for losses the offense of conviction under Count Three is U.S.S.G. § 2B1.1(b2K2.1(a)(6), which provides for an increase is 14 levels a base offense level of 14;
c. Under Counts One and Two, a two-level enhancement for losses that exceed $400,000 but are less than $1,000,000possession of a dangerous weapon applies under U.S.S.G. § 2D1.1(b)(1). Under Count Three, a four-level enhancement for possession of the firearm in connection with another felony offense applies under U.S.S.G. § 2K2.1(b)(6)(B). Under all counts, a two-level enhancement for reckless endangerment during flight applies under U.S.S.G. § 3C1.2.
d. The applicable Guidelines section as it relates to “Abuse of Position of Trust or Use of Special Skill” is U.S.S.G. § 3B1.3, which provides for an increase in 2 levels as this defendant utilized his position as co-owner and a mortgage broker to commit this offense.
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. The Government, at the time of sentencing, will file a written 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 and his pretrial release; oror (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with 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 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 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, while the defendant may request a below guidelines sentence. 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 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;
i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that he will make during 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 “unreasonable.”;
b. The applicable Guidelines Manual is the one that took effect on November 1, 2016.
c. The applicable Guidelines section for the offense of conviction Count 1 is U.S.S.G. § 2B1.1, which provides for a base offense level of 6;
c. d. While the facts are as agreed in paragraph 3, there is no stipulation between the parties regarding the legal issue of what portion of the loss amount is attributable to the defendant, and the parties remain free to advocate their respective positions. The applicable Guidelines section as it relates defendant understands that the Government’s position on this issue is that pursuant to “Specific Offense Characteristics” for losses is U.S.S.G. § 2B1.1(b2B1.1(b)(1)(H), which provides for an increase is 14 levels for losses that exceed a 14-level enhancement applies, based on a loss amount greater than $400,000 550,000 but are less than $1,000,000.
d. The applicable Guidelines section as it relates to “Abuse of Position of Trust or Use of Special Skill” is U.S.S.G. § 3B1.3, which provides for an increase in 2 levels as this defendant utilized his position as co-owner and a mortgage broker to commit this offense.1,500,000; and
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. The Government, at the time of sentencing, will file a written 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 agreement, any supplement thereto, and his pretrial release; oror (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility.
f. The defendant appears to have a criminal history category of I. 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.
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 his plea of guilty.
h. 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.”
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.
j. The defendant understands and agrees that the factual admissions contained in paragraph 3 of this plea agreement, and any admissions that he will make during 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 “unreasonable”;
b. The There is no agreement as to the applicable Guidelines section for the offense of conviction is U.S.S.G. § 2B1.1, which provides for a base offense level conviction. The parties agree that the Court will determine his applicable Guidelines section after receipt of 6the presentence investigation report prepared by the United States Probation Office;
c. There are no agreements regarding any enhancements applicable to the specific facts of this case. The applicable Guidelines section as it relates to “Specific Offense Characteristics” for losses is U.S.S.G. § 2B1.1(b), which provides for an increase is 14 levels for losses parties agree that exceed $400,000 but are less than $1,000,000.the Court will determine his enhancements after receipt of the presentence investigation report prepared by the United States Probation Office;
d. The applicable Guidelines section as it relates to “Abuse of Position of Trust or Use of Special Skill” is U.S.S.G. § 3B1.3, which provides for an increase in 2 levels as this defendant utilized his position as co-owner and a mortgage broker to commit this offense.
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 three3-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. The Government, at the time of sentencing, will file a written 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 and his pretrial release; or
Appears in 1 contract
Samples: Plea Agreement
