Common use of Government’s Agreements Clause in Contracts

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney=s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related distribution of methamphetamine on June 3, 2014 (Count One) and on June 19, 2014 (Count Two), as well as being an alien in possession of a firearm on August 14, 2014 (Count Three), for which it has venue and which arose out of the defendant=s conduct described above. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States= agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney=s ’s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related distribution of methamphetamine on June 3, 2014 (Count One) and on June 19, 2014 (Count Two), as well as being an alien to the conspiracy alleged in possession of a firearm on August 14, 2014 (Count Three), the indictment for which it has venue and which arose out of the defendant=s ’s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss Counts Two, Three, and Four at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States= States’ agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney=s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related distribution of methamphetamine on June 3to the July 2010 through January 26, 2014 (Count One) 2012 conspiracy to commit wire fraud and on June 19, 2014 (Count Two), as well as being an alien in possession of a firearm on August 14, 2014 (Count Three), for contraband cigarette trafficking which it has venue and which arose out of the defendant=s conduct described above. Further, the Government agrees to move to dismiss at the time of sentencing Counts 2-6, 16-29, 31-34, and 39-43. If the defendant complies with the cooperation terms of this plea agreement set forth below, the Government will file a motion pursuant to U.S.S.G. § 5K1.1, requesting that the court sentence the defendant to a term of probation. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States= agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him his following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney=s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related distribution of methamphetamine on June 3, 2014 (Count One) to health care fraud and on June 19, 2014 (Count Two), as well as being an alien in possession of a firearm on August 14, 2014 (Count Three), filing false tax returns for which it has venue and which arose out of the defendant=s ’s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss Counts Three and Four at sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney Attorney=s Office for the Western District of Missouri has no knowledge. The defendant recognizes that the United States= agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his defendant=s right to challenge the initiation of the dismissed or additional charges against him if he defendant breaches this agreement. The defendant expressly waives his the right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a defendant=s breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him defendant following his a breach of this plea agreement, he defendant will not be allowed to withdraw his defendant=s guilty plea.

Government’s Agreements. Based upon evidence in its possession at this time, the United States Attorney=s Office for the Western District of Missouri, as part of this plea agreement, agrees not to bring any additional charges against defendant for any federal criminal offenses related distribution of methamphetamine on June 3, 2014 (Count One) and on June 19, 2014 (Count Two), as well as being an alien in possession of a firearm on August 14, 2014 (Count Three), to the identity document fraud for which it has venue and which arose out of the defendant=s conduct described above. Additionally, the United States Attorney for the Western District of Missouri agrees to dismiss counts 13, 14, 19, 20, 23, 28, 29, 32, 39 and 42, of the superseding indictment as they pertain to this defendant at the time of sentencing. The defendant understands that this plea agreement does not foreclose any prosecution for an act of murder or attempted murder, an act or attempted act of physical or sexual violence against the person of another, or a conspiracy to commit any such acts of violence or any criminal activity of which the United States Attorney for the Western District of Missouri has no knowledge. The defendant recognizes that the United States= agreement to forego prosecution of all of the criminal offenses with which the defendant might be charged is based solely on the promises made by the defendant in this agreement. If the defendant breaches this plea agreement, the United States retains the right to proceed with the original charges and any other criminal violations established by the evidence. The defendant expressly waives his right to challenge the initiation of the dismissed or additional charges against him if he breaches this agreement. The defendant expressly waives his right to assert a statute of limitations defense if the dismissed or additional charges are initiated against him following a breach of this agreement. The defendant further understands and agrees that if the Government elects to file additional charges against him following his breach of this plea agreement, he will not be allowed to withdraw his guilty plea.