Common use of Factual Basis for Guilty Plea Clause in Contracts

Factual Basis for Guilty Plea. The parties agree that the Government can prove the following facts, including, but not limited to: In 2002, the defendant met the Female Victim (hereafter, FV) when she was 16 years old and dating his teenage son. FV visited his trailer residence on numerous occasions, which was located in Lebanon, Missouri, in the Western District of Missouri. The defendant knew that FV grew up in xxxxxx care, came from a troubled home life and had suffered emotional, physical, and sexual abuse in her past. FV also suffered from mental deficiencies and had previously sustained a traumatic head injury. During FV’s visits to the defendant’s trailer residence, the defendant showed FV images and videos of pornography on the internet and downloaded from the internet, including images and videos of bondage and sadomasochistic conduct. The defendant provided FV with controlled substances. The defendant taught FV about bondage and sadomasochistic activities. The defendant’s wife, Xxxxxxx Xxxxxx, modeled stripper and bondage clothing for FV. The defendant and Xxxxxxx Xxxxxx told FV that she would love being a “slave” for the defendant. The defendant began a sexual relationship with FV prior to her seventeenth birthday. FV viewed the defendant as her boyfriend and moved in the Xxxxxx trailer residence in 2003. The defendant provided FV her own room, clothes, and promised her a great life. Over the course of the next six years, the defendant executed sadomasochistic acts on FV, including, but not limited to: sewing the victim’s vagina closed, whipping and flogging her body, penetrating her breasts with needles and skewers, suffocating her with plastic bags, strangling her with rope, putting her in a dog cage, and electrocuting FV’s sexual organs with devices which produced electrical voltage. The defendant further photographed and videotaped many of the acts he performed on her.

Appears in 1 contract

Samples: Plea Agreement

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Factual Basis for Guilty Plea. The parties agree that the Government can prove facts constituting the following facts, including, but not limited tooffenses to which the defendant is pleading guilty include the following: In 2002April 2017, Kansas City FBI Child Exploitation Task Force Officer (TFO) Xxxxx Xxxxxx and Blue Springs Police Department (BSPD) Detective Xxxxxx Xxxxxxxxx, were conducting separate investigations into allegations that the defendant met had engaged in sexual exploitation of minor boys with whom Xxxxx was acquainted. Based on information obtained during these investigations, TFO Xxxxxx obtained a Xxxxxxx County Circuit Court search warrant for the Female Victim (hereafter, FV) when she was 16 years old and dating his teenage son. FV visited his trailer defendant’s residence on numerous occasionsin Blue Springs, which was is located in Lebanon, Missouri, in the Western District of Missouri. On April 14, 2017, at around 3:45 p.m., investigators executed the search warrant, which authorized the seizure of computers, cell phones, electronic media and storage devices, and evidence of child pornography. During the search, investigators located and seized computers, cameras, cell phones, a digital video camcorder, and numerous media storage devices including flash drives, video tapes, CD/DVDs, and 8-millimeter tapes. Xxxxx’s roommate was present at the residence when officers arrived to search the home. The defendant knew that FV grew up was not home. However, officers located Green the same day in xxxxxx careKansas City, came from Missouri and placed him in custody. On April 14, 2017, at approximately 6:45 pm., TFO Xxxxxx and Detective Xxxxxxxxx conducted a troubled home life and had suffered emotional, physical, and sexual abuse in her past. FV also suffered from mental deficiencies and had previously sustained a traumatic head injuryMirandized custodial interview of the defendant at BSPD headquarters. During FV’s visits the interview, which was video/audio recorded, Xxxxx initially denied engaging in any criminal activity. The defendant eventually admitted, however, that investigators would find child pornography on devices seized pursuant to the search warrant. Specifically, Xxxxx admitted that he had utilized a hidden video 2 – Production of Child Pornography.) The forensic exam of the defendant’s trailer residence, devices also located numerous still images of nude pubescent boys ranging in age from approximately 12 to 17 years exposing their erect penises and anuses in sexually explicit poses or masturbating. Many of the still images appear to be “selfie” style photos taken by the subjects of the photos. Some of these images appear to have been sent to the defendant showed FV images and videos by boys with whom Xxxxx was acquainted. One photo, located on defendant’s Maxtor Fireball hard drive, depicts an approximately 14-year-old boy standing in front of pornography on the internet and downloaded from the internet, including images and videos of bondage and sadomasochistic conducta mirror holding a cell phone camera. The defendant provided FV boy is exposing his erect penis as he photographs himself with controlled substancesthe cell phone. The defendant taught FV about bondage and sadomasochistic activities. The defendant’s wife, Xxxxxxx Xxxxxx, modeled stripper and bondage clothing for FV. The defendant and Xxxxxxx Xxxxxx told FV A paper with a handwritten message that she would love being a “slave” for the defendant. The defendant began a sexual relationship with FV prior appears to her seventeenth birthday. FV viewed be directed to the defendant as her boyfriend and moved in is taped to the Xxxxxx trailer residence in 2003mirror next to the boy. The defendant provided FV her own room, clothes, and promised her a great life. Over (These facts form the course basis for Count 9 – Possession of Child Pornography.) Each of the next six years, devices on which child pornography was produced and found was determined to be manufactured outside the defendant executed sadomasochistic acts on FV, including, but not limited to: sewing the victim’s vagina closed, whipping and flogging her body, penetrating her breasts with needles and skewers, suffocating her with plastic bags, strangling her with rope, putting her in a dog cage, and electrocuting FV’s sexual organs with devices which produced electrical voltage. The defendant further photographed and videotaped many state of the acts he performed on herMissouri.

Appears in 1 contract

Samples: Plea Agreement

Factual Basis for Guilty Plea. The parties agree that the Government can prove facts constituting the following factsoffenses to which the defendant is pleading guilty are as follows: Shortly after midnight, includingon Thursday, but not limited to: In 2002October 3, 2013, an individual, wearing dark pants and light colored jacket with a hood, was captured on surveillance cameras approaching the rear entrance of the Xxxxxxx Xxxxxxxxxx facility in Joplin, Missouri, with a backpack. The individual placed the backpack on the ground, pulled out a section of what was later identified as a rope dog toy, and threw the backpack on the roof of the building while holding onto the rope toy. After the backpack became wedged on the roof between several sets of utility wires leading into the building, the defendant met cameras captured the Female Victim (hereafterindividual setting the rope attached to the backpack on fire. The suspect then quickly departed in a northwest direction on foot. The following evening, FV) when she was 16 years old October 4, 2013, an employee of Xxxxxxx Xxxxxxxxxx observed the backpack on the roof and dating his teenage sona partially burnt piece of rope on the ground near the rear entrance to the building. FV visited his trailer residence The employee immediately notified the Joplin Police Department. Investigators from the Joplin Police Department, Bureau of Alcohol, Tobacco and Firearms, and the Federal Bureau of Investigation, arrived on numerous occasionsscene. The backpack, which had a length of the rope dog toy still tied to it, was recovered from the roof. A clear plastic container, containing a bi-layered accelerant, was located in Lebanonthe gutter three feet from the backpack. The footage from the security camera was also collected by the investigators. Special Agents of the FBI examined the backpack and found that it still had the manufacturer’s tag attached. The tag bore a UPC number, style number and a Wal-Mart contract number. After concluding that the backpack was sold by Wal-Mart, the investigators proceeded to the Wal-Mart in Neosho, Missouri, in furtherance of the Western investigation. While meeting with Wal-Mart asset protection personnel, the agents learned that the rope toy, used in the arson attempt, was also sold by Wal-Mart. As result, a grand jury subpoena was subsequently issued to Wal-Mart Global Investigations, requesting information pertaining to any sales transactions in which the backpack and rope toy were sold during the same transaction. On October 4, 2013, a second arson attempt was made at the Xxxxxxx Xxxxxxxxxx facility. Again, security cameras caught an individual, attired in the same manner as on the previous incident, approach the rear of the building with a backpack at approximately 11:00 p.m. The individual threw the backpack on the roof and ignited a strip of unknown material that was protruding from the backpack. The perpetrator then departed the area, traveling south on foot. Investigators arrived approximately 15 minutes after the attempt. The backpack and rope were burnt beyond recognition and virtually no physical evidence was recovered from the scene. While investigators were still on scene, other members of the Joplin Police Department detained an individual, identified as XXXXXXXX XXXXX, for trespassing on railroad property that was located approximately five blocks south from the Xxxxxxx Xxxxxxxxxx building. XXXXX advised the officers that he was drunk and just out walking. The officers, however, reported that XXXXX displayed no indicia of intoxication. The officers requested and obtained XXXXX’x consent to search his clothing. A cigarette lighter was recovered from XXXXX’x front pocket. XXXXX did not possess any cigarettes or smell of cigarette smoke. The officer who removed the lighter noted that his hand smelled of lighter fluid or butane after touching XXXXX’x clothing. XXXXX was then placed under arrest for trespassing and transported to the Joplin City Jail. On October 9, 2013, Wal-Mart Global Investigation provided a response to the Grand Jury subpoena. According to the information provided by Wal-Mart, on October 1, 2013, an individual purchased one backpack matching the UPC Code of the backpack recovered from the Xxxxxxx Xxxxxxxxxx facility and three of the dog rope toys from the Wal-Mart in Joplin, Missouri located at 0000 X. Xxxxx Xxxx Xxxx. Wal-Mart Global Investigations was able to provide a sales receipt that captured all items purchased during this transaction, including the UPC codes associated with the items. After reviewing the sales receipt, the investigators noted that the purchaser also bought a bottle of alcohol. The sales associate conducting the transaction obtained the birth date of the purchaser as December 11, 1983. This is XXXXXXXX XXXXX’x date of birth. The investigators then proceeded to the Wal-Mart store located at 0000 X. Xxxxx Xxxx Xxxx xx Xxxxxx, Xxxxxxxx, with a copy of the sales receipt provided by Wal-Mart Global Investigations. Local Wal-Mart asset protection personnel were able to produce surveillance camera video, which captured the individual purchasing these items in question. XXXXXXXX XXXXX was identified by the investigators as the individual purchasing the items used in the arson attempt. XXXXX also purchased a large jacket during the transaction, resembling the jacket worn on the nights of the arson attempts. The investigators located a jacket with the matching UPC Code as the jacket purchased by XXXXX. In addition to the surveillance video capturing the purchases made by XXXXX, Wal-Mart asset protection personnel were able provide surveillance video which captured XXXXX loading the items he purchased into the trunk area of a white, four-door Dodge Charger, being driven by an individual known to be Xxxxxxx Xxxxx, XXXXX’x father, and departing the Wal-Mart parking lot. On October 17, 2013, Special Agent Xxxxx received a report from the Missouri State Highway Patrol Crime Laboratory Division, Carthage, Missouri, pertaining to analysis the lab performed on the clear plastic bottle containing a bi-layered liquid that was recovered gutter of the Xxxxxxx Xxxxxxxxxx facility on October 3, 2013. According to the report, an identifiable latent fingerprint was located on the bottle. This print was then compared with fingerprints obtained from XXXXX, resulting in a positive match between the latent print from the bottle and the right thumb print of XXXXX. On October 18, 2013, Special Agent Xxxxx executed a warrant to search XXXXX’x residence and the vehicle used in the purchase of the materials used in the arson attempts. XXXXX was arrested on scene under color of a federal arrest warrant issued in connection with a complaint charging XXXXX with attempted arson. XXXXX was transported to the FBI field office in Joplin, Missouri, for questioning. After being advised of his Miranda rights both verbally and in writing, XXXXX agreed to speak with the investigators. XXXXX confessed that he was responsible for the both arson attempts. XXXXX stated that he does not believe in abortions based upon his religious and personal beliefs and would like to see all abortion clinics converted to orphanages. XXXXX further asserted that individuals who perform abortions should be arrested. XXXXX reported that on October 3, 2013, he obtained gasoline from his parent’s lawnmower and poured it into the plastic bottle later recovered from the roof of Xxxxxxx Xxxxxxxxxx. The bottle was then placed into a backpack, with the rope toy used as a fuse to ignite the package. XXXXX also admitted that he used a similar device during the second arson attempt the following night, using lamp oil instead of gasoline and strips of a sheet as a fuse. XXXXX was then questioned about several unsolved arsons that were in the vicinity of his home, including the arson of the Islamic Society of Joplin Mosque that took place on August 6, 2012. XXXXX advised the agents that he did not like Islam as a religion. Agent Xxxxx then questioned XXXXX about the attempted arson and, later, successful arson of the Islamic Society of Joplin Mosque on July 4, and August 6, 2012. XXXXX proceeded to confess to both crimes. XXXXX told the investigators that he committed both crimes using the same backpack device used in the Xxxxxxx Xxxxxxxxxx arson attempts. At the conclusion of the interview, XXXXX signed security footage photographs from each of four crimes, acknowledging that he was the person depicted in the pictures. Xxxxxxx Xxxxxxxxxx Federation of America, commonly shortened to Xxxxxxx Xxxxxxxxxx, is the United States affiliate of the International Xxxxxxx Xxxxxxxxxx Federation. Xxxxxxx Xxxxxxxxxx is a non-profit organization providing reproductive health and maternal and child health services. Xxxxxxx Xxxxxxxxxx is a federation of 85 independent Xxxxxxx Xxxxxxxxxx affiliates around the United States. These affiliates together operate more than 820 health centers in all 50 states and the District of Columbia. The Xxxxxxx Xxxxxxxxxx facility in Joplin, Missouri provides health care to patients from Missouri and other states. Further, many of the medications and other products provided by Xxxxxxx Xxxxxxxxxx to their clients are manufactured outside the State of Missouri. The defendant knew that FV grew up Islamic Society of Joplin Mosque is a not-for–profit Missouri corporation. The Mosque, at the time of the arson, was insured by a company located in xxxxxx careKansas, came made substantial purchases and acquisitions from a troubled home life and had suffered emotional, physicalcompanies located outside the State of Missouri, and sexual abuse in her past. FV also suffered served families from mental deficiencies and had previously sustained a traumatic head injury. During FV’s visits to the defendant’s trailer residenceneighboring states, the defendant showed FV images and videos many of pornography on the internet and downloaded from the internet, including images and videos of bondage and sadomasochistic conduct. The defendant whom provided FV with controlled substances. The defendant taught FV about bondage and sadomasochistic activities. The defendant’s wife, Xxxxxxx Xxxxxx, modeled stripper and bondage clothing for FV. The defendant and Xxxxxxx Xxxxxx told FV that she would love being a “slave” funding for the defendant. The defendant began a sexual relationship with FV prior to her seventeenth birthday. FV viewed the defendant as her boyfriend and moved in the Xxxxxx trailer residence in 2003. The defendant provided FV her own room, clothes, and promised her a great life. Over the course operation of the next six years, the defendant executed sadomasochistic acts on FV, including, but not limited to: sewing the victim’s vagina closed, whipping and flogging her body, penetrating her breasts with needles and skewers, suffocating her with plastic bags, strangling her with rope, putting her in Mosque. As a dog cage, and electrocuting FV’s sexual organs with devices which produced electrical voltage. The defendant further photographed and videotaped many direct result of the acts he performed on herfire, many donations made during the Muslim holy period of Ramadan were destroyed.

Appears in 1 contract

Samples: Plea Agreement

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Factual Basis for Guilty Plea. The parties agree that the Government can prove facts constituting the following facts, including, but not limited to: In 2002, offense to which the defendant met the Female Victim (hereafteris pleading guilty are as follows: On or about September 23, FV) when she was 16 years old and dating his teenage son. FV visited his trailer residence on numerous occasions2017, which was located in Lebanon, MissouriXxxxxxxx County, in the Western District of Missouri, and elsewhere, the defendant, XXXXX XXXXXXX XXXXX, knowingly and intentionally possessed, with the intent to distribute, 100 kilograms or more of marihuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(B)(vii). On September 23, 2017, members of the Missouri State Highway Patrol (MSHP) stopped a motorhome for a traffic violation on I-44 eastbound in Xxxxxxxx County, Missouri. Inside the motorhome, MSHP officers found six individuals, the defendant and his five co-defendants. MSHP officers also discovered three large trash bags filled with marihuana inside the toilet of the motorhome and five large trash bags found in the shower area of the motorhome. MSHP officers also conducted a search of the compartments on the outside of the motorhome. Inside those compartments, MSHP officers discovered seven large trash bags filled with bundles of marihuana. Altogether, MSHP officers discovered 15 trash bags containing approximately 295 pounds (133 kilograms) of marihuana. The defendant knew that FV grew up knowingly possessed and traveled with the 133 kilograms of marihuana from California. The motorhome was in xxxxxx careroute to St. Louis, came from a troubled home life and had suffered emotionalMissouri, physical, and sexual abuse in her past. FV also suffered from mental deficiencies and had previously sustained a traumatic head injury. During FV’s visits to the defendant’s trailer residence, where the defendant showed FV images and videos the co-defendants then intended to distribute the 133 kilograms of pornography on the internet and downloaded from the internet, including images and videos of bondage and sadomasochistic conductmarihuana to other persons. The defendant provided FV has the following felony conviction: Possession with controlled substancesIntent to Distribute Methamphetamine; United States District Court for the Central District of California; Case Number 5:00XX00000; Date of Conviction, May 21, 2002; for which he received a sentence of 70 months’ imprisonment. This conviction is a felony relating to narcotic drugs under the laws of the United States of America. The defendant taught FV about bondage and sadomasochistic activities. The defendant’s wife, Xxxxxxx Xxxxxx, modeled stripper and bondage clothing for FV. The defendant and Xxxxxxx Xxxxxx told FV effect of this prior conviction relating to controlled substances is that she would love being a “slave” for the defendant. The defendant began a sexual relationship with FV prior to her seventeenth birthday. FV viewed the defendant as her boyfriend and moved in the Xxxxxx trailer residence in 2003. The defendant provided FV her own room, clothesis subject to a mandatory minimum sentence of 10 years’ imprisonment on Count Two, and promised her a great life. Over the course of the next six yearsother punishments as set forth in Title 21, the defendant executed sadomasochistic acts on FVUnited States Code, including, but not limited to: sewing the victim’s vagina closed, whipping Section 841(a)(1) and flogging her body, penetrating her breasts with needles and skewers, suffocating her with plastic bags, strangling her with rope, putting her in a dog cage, and electrocuting FV’s sexual organs with devices which produced electrical voltage. The defendant further photographed and videotaped many of the acts he performed on her(b)(1)(B).

Appears in 1 contract

Samples: Plea Agreement

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