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 conduct (a total of 12 properties, all charged in the conspiracy) may be more than $2,500,000.00 but not more than $7,000,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $2,500,000.00 but not more than $7,000,000.00, there will be an 18-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 defendant abused a position of private trust in a manner that significantly facilitated the commission of the offense, resulting in a two-level increase pursuant to § 3B1.3; 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 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. h. 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. 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. 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 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. 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 Office2011. c. The applicable Guidelines section for the offense of conviction conviction, conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349, is U.S.S.G. § 2B1.1, which provides in § 2B1.1(a)(2) for a base offense level of 67. d. While the precise loss amount is as yet undeterminedundetermined because the government has not received all loss information from the victims yet, the Government believes the amount of loss from the offenses of conviction and relevant conduct (a total of 12 properties, all charged in the conspiracy) may be more is greater than $2,500,000.00 1,000,000 but not more greater than $7,000,000.002,500,000, and may exceed this amount but will not exceed $7,000,000. The defendant reserves the right to contest this the amount of loss. If the A total loss is of more than $2,500,000.00 1,000,000 but not more than $7,000,000.002,500,000 results in an increase of 16 levels, there will be an 18-level increase in the offense levelpursuant to U.S.S.G. § 2B1.1(b)(F). e. The Government contends that government believes the offense involved sophisticated means, resulting in a two2-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest thisthis increase. f. The Government believes that the defendant abused a position of private trust in a manner that significantly facilitated the commission of the offense, resulting in a two-level increase pursuant to § 3B1.3; the defendant reserves the right to contest thisargue that he was a “minor participant” in the criminal activity charged, pursuant to U.S.S.G. § 3B1.2(b) and is entitled to a reduction of two levels pursuant to U.S.S.G. § 3B1.2(a). 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 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. h. There is no agreement between the The parties regarding the believe that defendant’s criminal history category. The category is Category I, but 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. 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. j. 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 may 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 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. l. The defendant understands and agrees that the factual admissions contained in Paragraphs Paragraph 3 and 4 of this plea agreement, and any admissions that he will make during 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 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 Office2011. c. The applicable Guidelines section for the offense of conviction conviction, conspiracy to commit wire fraud in violation of 18 U.S.C. § 1349, is U.S.S.G. § 2B1.1, which provides in § 2B1.1(a)(2) for a base offense level of 67. d. While the precise loss amount is as yet undeterminedundetermined because the government has not received all loss information from the victims yet, the Government believes the amount of loss from the offenses of conviction and relevant conduct (a total of 12 properties, all charged in the conspiracy) may be more is greater than $2,500,000.00 1,000,000 but not more greater than $7,000,000.002,500,000, and may exceed this amount but will not exceed $7,000,000. The defendant reserves the right to contest this the amount of loss. If the A total loss is of more than $2,500,000.00 1,000,000 but not more than $7,000,000.002,500,000 results in an increase of 16 levels, there will be pursuant to U.S.S.G. § 2B1.1(b)(F); a total loss of more than $2,500,000 but not more than $7,000,000 results in an 18-level increase in the offense levelof 18 levels, pursuant to U.S.S.G. § 2B1.1(b)(G). e. The Government contends that government believes the offense involved sophisticated means, resulting in a two2-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest thisthis increase. f. The Government believes that the defendant abused a position of private trust in a manner that significantly facilitated the commission of the offense, resulting in a two-level increase pursuant to § 3B1.3; 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 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. h. There is no agreement between the g. The parties regarding the believe that defendant’s criminal history category. The category is Category I, but 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. i. 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. j. i. 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 may 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. 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. l. k. The defendant understands and agrees that the factual admissions contained in Paragraphs Paragraph 3 and 4 of this plea agreement, and any admissions that he will make during 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 parties believe agree that the applicable determination of which Guidelines Manual is the one that took effect on November 1, 2008, but agree that the determination to be applied 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 67. d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct (a total of 12 properties, all including the offenses charged in the conspiracyIndictment currently pending against her) may be more than $2,500,000.00 1,000,000 but not more than $7,000,000.002,500,000. The defendant reserves the right to contest this amount of loss. If the total loss is more than $2,500,000.00 but not more than $7,000,000.00, there will be This results in an 1816-level increase in the offense level. The defendant reserves the right the right to contest this amount. e. The Government contends believes that the offense offense, together with relevant conduct, involved sophisticated meansmore than 10 victims but fewer than 50 victims, resulting in a two2-level increase pursuant to § 2B1.1(b)(9)(C2B1.1(b)(2)(A); the defendant reserves the right to contest this. f. The Government believes contends and the defendant reserves the right to contest that the defendant abused a position of private trust in a manner that significantly facilitated the commission of the offenseoffense involved sophisticated means, resulting in a two2-level increase pursuant to § 2B1.1(b)(9)(C). g. The parties have no agreement regarding the defendant’s role in the offense (§§ 3B1.1 and 3B1. h. The Government contends and the defendant reserves the right to contest that the offense involved the use of a special skill, resulting in a 2-level increase pursuant to § 3B1.3; . i. The parties believe that the defendant will admit her guilt and clearly accept responsibility for her actions, and thereby will be entitled to a two-level reduction for acceptance of responsibility pursuant to § 3E1.1(b) of the Sentencing Guidelines. The defendant reserves the right to contest this. g. The defendant has admitted his guilt and clearly accepted responsibility argue that she is entitled to an additional one-level reduction for his actions, and has assisted assisting 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 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 (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility. h. There j. While there is no agreement between the parties regarding the defendant’s criminal history category. , the parties believe the defendant will be in Criminal History Category I. 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. i. k. 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 his her plea of guilty. j. l. The United States agrees parties agree that the sentence imposed will not to seek an upward departure from the Guidelines or a sentence outside the Guidelines rangeexceed 108 months, and that the defendant agrees to not may 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. m. 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. l. n. The defendant understands and agrees that the factual admissions contained in Paragraphs 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.