Sentencing Agreement. Pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure and pursuant to 18 U.S.C. § 3571(d), and in return for the complete fulfillment by Defendant of all of its obligations under this Agreement, the Parties agree that the sentence to be imposed by the Court includes a total monetary penalty consisting of $40,000,000 as specified below, plus mandatory special assessments. The Parties agree that the sentence should be imposed as follows:
Sentencing Agreement. Pursuant to Fed. X. Xxxx. P. 11(c)(1)(B), the United States and the defendant agree that the appropriate disposition of Counts I and II is, and agree jointly to recommend, that the Court impose a sentence requiring the defendant to pay to the United States a criminal fine of $1,043,000 for the charged conduct relating to the transportation of household goods owned by U.S. military and civilian Department of Defense personnel (“military household goods”). The parties recommend a total fine of $1,043,000 on Counts I and II derived from: Twenty percent (20%) of approximately $3,500,000, the total volume of commerce attributable to the defendant’s conduct (approximately $400,000 from the IS-01 cycle, as described in Count I of the Criminal Information and the statement of facts and approximately $3,100,000 from the IW-00 and IS-01 cycles, as described in Count II of the Criminal Information and the statement of facts) U.S.S.G. § 2R1.1(d)(1) and U.S.S.G. § 8C2.4(b); a culpability score of 5; and a multiplier of 1.5 pursuant to U.S.S.G. § 8C2.6. The United States and the defendant understand that the Court retains complete discretion to accept or reject the recommended sentence. The defendant understands that, as provided in Fed. X. Xxxx. P. 11(c)(3)(B), if the Court does not impose a sentence consistent with the recommendation contained in this Plea Agreement, it nevertheless has no right to withdraw its guilty plea. The United States and the defendant agree to request jointly that the Court accept the defendant’s guilty plea and impose sentence on an expedited schedule, as early as the date of arraignment, based upon the record provided by the defendant and the United States pursuant to Fed. X. Xxxx. P. 32(c)(1)(A)(ii) and U.S.S.G. § 6A1.1. The Court’s denial of the request to impose sentence on an expedited schedule will not void this plea agreement. In addition, subject to the ongoing, full, and truthful cooperation of the defendant, described in paragraph 11 of this plea agreement, and before sentencing in the case, the United States agrees to fully advise the Court of the fact, manner, and extent of the defendant’s cooperation and its commitment to prospective cooperation with the United States’ investigation and prosecution, as well as all material facts relating to defendant’s involvement in the charged offenses and all other relevant conduct.
Sentencing Agreement. May understands that the sentence to be imposed on him is within the sole discretion of the sentencing judge. It is understood that the Sentencing Guidelines are not binding on the Court. Xxx acknowledges that the entry of his guilty plea to the charged offense authorizes the sentencing court to impose any sentence up to and including the statutory maximum sentence. The United States cannot and does not make any promises or representations as to what sentence May will receive. May understands that, as provided in Fed. X. Xxxx. P. 11(c)(3)(B), if the Court does not impose a sentence consistent with either parties' sentencing recommendation, he nevertheless has no right to withdraw his plea of guilty. The United States will inform the Probation Office and the Court of (a) this Agreement; (b) the nature and extent of May's activities with respect to this case, and all other activities of May which the United States deems relevant to sentencing; and (c) the timeliness, nature, extent and significance of May's cooperation with the United States. In so doing, the United States may use any information it deems relevant, including information provided by May both prior and subsequent to the signing of this Agreement. The United States reserves the right to make any statement to the Court or the Probation Office concerning the nature of the offense charged in the attached Information, the participation of May therein, and any other facts or circumstances that it deems relevant. The United States also reserves the right to comment on or to correct any representation made by or on behalf of May, and to supply any other information that the Court may require.
Sentencing Agreement. Pursuant to Rule 11(e)(1)(C), Fed. X. Xxxx. P., the United States and UCAR International agree that the appropriate disposition of the case is, and agree jointly to recommend that the Court impose, pursuant to 18 U.S.C. § 3571(d), a sentence requiring UCAR International to pay a fine to the United States in the amount of $110 million.
Sentencing Agreement. The United States and Xxxxxxxxxxxx and Polo Linen stipulate that the defendants’ “volume of commerce,” as that term is used in U.S.S.G. § 2R1.1(b)(2), is in excess of $37.5 million.
Sentencing Agreement. Pursuant to Fed. X. Xxxx. P. 11(c)(1)(B), the United States and the defendant agree that the appropriate disposition of this case is, and agree to recommend jointly, that the Court impose a sentence requiring the defendant to pay to the United States a criminal fine for the charged conduct relating to the movement of ITGBL shipments of military household goods from Germany to the United States during the summer cycle of 2002. The parties recommend the following fine:
(A) $250,000 is within the Sentencing Guideline’s fine range of $250,000 – $500,000 for the offense charged (calculated based on 20% of $1,568,274, the volume of commerce attributable to the defendant for Code 4 ITGBL shipments from Germany to the United States in 12 channels during the summer cycle 2002, see U.S.S.G. §§ 2R1.1(d)(1) and 8C2.4(b); and a culpability score of 4 (5 plus 1 point for organization of more than 10 employees under U.S.S.G. § 8C2.5(b)(5), minus 2 points for acceptance of responsibility under U.S.S.G. § 8C2.5(g)(2)); and a multiplier range of 0.8 to 1.6 pursuant to U.S.S.G. § 8C2.6.
Sentencing Agreement. Pursuant to Fed. X. Xxxx. P. 11(c)(1)(B), the United States and the defendant agree that the appropriate disposition of Count I is, and agree jointly to recommend, that the Court impose a sentence requiring the defendant to pay to the United States a criminal fine of $72,600 for the charged conduct relating to the transportation of household goods owned by U.S. military and civilian Department of Defense personnel (“military household goods”). The parties recommend a total fine of $72,600 derived from:
Sentencing Agreement. The United States and the defendant agree that the Guidelines calculations relevant to the defendant are as follows: Under USSG § 2R1.1, the Base Offense Level is 10. Because the volume of commerce attributable to the defendant is $12.4 million, a four-level increase under USSG § 2R1.1(b)(2)(D) is appropriate. The defendant is entitled to a two-level decrease under USSG § 3E1.1 for
Sentencing Agreement. Pursuant to Fed. X. Xxxx. P. 11(c)(1)(B), the United States and the defendant agree that the appropriate disposition of the charge is, and agree jointly to recommend, that the Court impose a sentence requiring the defendant to pay to the United States a criminal fine of
Sentencing Agreement. Pursuant to Fed. X. Xxxx. P. 11(c)(1)(B), the United States and the defendant agree that the appropriate disposition of this case is, and agree to recommend jointly, that the Court impose a sentence requiring the defendant to pay to the United States a criminal fine of $50,000 and to serve a sentence of eight (8) months that includes a four (4) month period of incarceration followed by a term of supervised release with a condition requiring four (4) months home detention, pursuant to U.S.S.G. § 5C1.1(d)(2) (“the Recommended Sentence”).
a. The United States and the defendant agree that there exists no aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the U.S. Sentencing Commission in formulating the Sentencing Guidelines justifying a departure pursuant to U.S.S.G. §5K2.0. The United States and the defendant agree not to seek or support any sentence outside of the applicable Guidelines range nor any Guidelines adjustment for any reason that is not set forth in this Plea Agreement. The United States and the defendant further agree that the Recommended Sentence set forth in this Plea Agreement is reasonable. The United States and the defendant agree that under U.S.S.G. §5E1.1(b)(2), restitution is not appropriate in this case because it would complicate or prolong the sentencing process.
b. The United States and the defendant agree that the applicable Guidelines fine and incarceration ranges exceed the fine and term of imprisonment contained in the Recommended Sentence set out above. Subject to the full and continuing cooperation of the defendant, as described in Paragraph 10 of this Plea Agreement, and prior to sentencing in this case, the United States agrees that if, in its sole discretion, the United States determines that a departure or reduction of sentence is appropriate, it will make a motion, pursuant to U.S.S.G. § 5K1.1, for a downward departure from the Guidelines fine and incarceration ranges in this case and will request that the Court impose the fine and term of imprisonment contained in the Recommended Sentence set out above because of the defendant’s substantial assistance in the Government's investigation and prosecutions of violations of federal criminal law in the foam-filled marine fenders and buoys industry.
c. Subject to the ongoing, full, and truthful cooperation of the defendant described in Paragraph 10 of this Plea Agreement, and before sentencing in the case, the United State...
