Guideline Stipulation. The Government and the defendant stipulate the defendant's applicable Sentencing Guideline sentence is 12 months imprisonment. See U.S.S.G. § 5G1.1(a). The base offense level under U.S.S.G. § 2H1.1 is 12. Six levels are added under U.S.S.G. § 2H1.1(b)(1) because the defendant was a public official at the time of the offense as well as because the defendant was acting under the color of law. Three levels are subtracted under U.S.S.G. § 3E1.1 for acceptance of responsibility, as noted above, resulting in a total offense level of 15. A total offense level of 15 with a criminal history category I, which the parties calculate the defendant to be, results in a range of 18 to 24 months of imprisonment (sentencing table) and a fine range of $4,000 to $40,000, U.S.S.G. § 5E1.2(c)(3). However, under the facts of this case, the statutory maximum penalty is 12 months; therefore, the guidelines sentence is 12 months pursuant to Section 5G1.1(a) of the Sentencing Guidelines.” The defendant expressly understands that the Court is not bound by this agreement on the Guideline and fine ranges specified above. The defendant further expressly understands that he will not be permitted to withdraw the plea of guilty if the Court imposes a sentence outside the Guideline range or fine range set forth in this agreement. In the event the Probation Office or the Court contemplates any sentencing calculations different from those stipulated by the parties, the parties reserve the right to respond to any inquiries and make appropriate legal arguments regarding the proposed alternate calculations. Moreover, the Government expressly reserves the right to challenge or defend any sentencing determination, other than that stipulated by the parties, in any post-sentencing proceeding.
Guideline Stipulation. The Government and the defendant stipulate the defendant's applicable Sentencing Guidelines to be at a range of 33 to 41 months of imprisonment and a fine range of $7,500 to $75,000. The base offense level under U.S.S.G. § 2B1.1(a) is 7 . Sixteen levels are added under U.S.S.G. §§ 2B1.1(b)(1). Three levels are subtracted under U.S.S.G. § 3E1.1 for acceptance of responsibility, as noted above, resulting in a total offense level of 20. A total offense level 20 with a criminal history category I, which the parties calculate the defendant to be, results in a range of 33 to 41 months of imprisonment (sentencing table) and a fine range of $7,500 to $75,000, U.S.S.G. § 5E1.2(c)(3). The parties agree that the agreed range is reasonable. Nonetheless, defendant is free to suggest that the Probation Department consider a downward departure or adjustment, and to suggest that the Court sua sponte consider such a departure or adjustment. The defendant expressly understands that the Court is not bound by this agreement on the Guideline and fine ranges specified above. The defendant further expressly understands that he will not be permitted to withdraw the plea of guilty if the Court imposes a sentence outside the Guideline range or fine range set forth in this agreement. In the event the Probation Office or the Court contemplates any sentencing calculations different from those stipulated by the parties, the parties reserve the right to respond to any inquiries and make appropriate legal arguments regarding the proposed alternate calculations. Moreover, the Government expressly reserves the right to challenge or defend any sentencing determination, other than that stipulated by the parties, in any post-sentencing proceeding.
Guideline Stipulation. The Government and the defendant stipulate the defendant's applicable Sentencing Guidelines to be at a range of 235 to 293 months’ imprisonment. The offense level for the defendant’s conviction on Count Six is 31. This is calculated as follows: The base offense level under U.S.S.G. § 2B3.1 is twenty (20). Five (5) levels are added pursuant to U.S.S.G. § 2B3.1(b)(2)(C), since a firearm was brandished or possessed during the commission of the offense. Six (6) levels are added pursuant to U.S.S.G. § 2B3.1(b)(7)(G), since the loss as a result of the offense was over $2,500,000 but less than $5,000,000. Two (2) levels are added under U.S.S.G. § 3C1.1 for obstruction of justice. The resulting offense level applicable to Count Six is therefore 33. Each count of conviction is grouped separately, pursuant to U.S.S.G. § 3D1.2. Because the four counts of conviction result in three units under U.S.S.G. § 3D1.4, three (3) levels are added to the offense level. Accordingly, the offense level applicable to all four counts of conviction is 36. Three (3) levels are subtracted under U.S.S.G. § 3E1.1 for acceptance of responsibility, as noted above, resulting in a total offense level of 33. A total offense level 33 with a criminal history category VI, which the parties calculate the defendant to be, results in a range of 235 to 293 months’ imprisonment (sentencing table). The parties agree that neither a downward nor an upward departure from the sentencing range set forth above is warranted and that a sentence within the agreed range is reasonable. Accordingly, neither party will seek such a departure or seek any adjustment not set forth herein. Nor will either party suggest that the Probation Department consider such a departure or adjustment, or suggest that the Court sua sponte consider such a departure or adjustment. The Government agrees to recommend that the Court sentence the defendant within the agreed guideline range. The defendant expressly understands that the Court is not bound by this agreement on the Guideline and fine ranges specified above. The defendant further expressly understands that he will not be permitted to withdraw the plea of guilty if the Court imposes a sentence outside the Guideline range or fine range set forth in this agreement. In the event the Probation Office or the Court contemplates any sentencing calculations different from those stipulated by the parties, the parties reserve the right to respond to any inquiries and make appropriate leg...
