Sentencing Agreement. Pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure, and specifically 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 $15,000,000, plus mandatory special assessments. The parties agree and stipulate that these amounts are consistent with 18 U.S.C. § 3571.
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. 8. Xxxxxxx 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. Xxxxxxx 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 Xxxxxxx will receive. Xxxxxxx 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 Xxxxxxx' activities with respect to this case, and all other activities of Xxxxxxx which the United States deems relevant to sentencing; and (c) the timeliness, nature, extent and significance of Xxxxxxx' cooperation with the United States. In so doing, the United States may use any information it deems relevant, including information provided by Xxxxxxx 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 Xxxxxxx 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 Xxxxxxx, and to supply any other information that the Court may require.
Sentencing Agreement. 8. Pursuant to Fed. X. Xxxx. P. 11(c)(1)(C), 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 $14.5 million, payable in full before the fifteenth (15th) day after the date of judgment and no order of restitution (“the recommended sentence”). The parties further agree that the recommended sentence set forth in this Plea Agreement is reasonable.
Sentencing Agreement. 15 8. Under Rule 11(c)(1)(C), Fed. X. Xxxx. P., the United States and 16 XXXXXXX agree that the appropriate disposition of the case is, and agree jointly to 17 recommend that the Court impose, under 18 U.S.C. § 3571(d), a sentence requiring 18 XXXXXXX to pay to the United States a fine of twelve million dollars ($12 million), 19 payable in full before the fifteenth day after the date of judgment, with no term of 20 probation.
Sentencing Agreement. 8. Pursuant to Fed. X. Xxxx. P. 11(c)(1)(C), 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 $75,000, payable in full before the thirtieth (30th) day after the date of judgment, with interest accruing under 18 U.S.C. § 3612(f)(1)-(2) on any amount not paid in full before the fifteenth (15th) day after the date of judgement, pursuant to the applicable advisory Guidelines calculation set forth in subparagraph (a) and the downward departure agreement set forth in subparagraph (b). The parties agree that there exists no aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the United States Sentencing Commission in formulating the Sentencing Guidelines justifying a departure pursuant to U.S.S.G. § 5K2.0. The parties agree not to seek or support any sentence outside of the Guidelines range nor any Guidelines adjustment for any reason that is not set forth in this Plea Agreement. The parties further agree that the recommended sentence set forth in this Plea Agreement is reasonable.
Sentencing Agreement. 8. 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. 8. Pursuant to Rule 11(e)(1)(C), Fed. X. Xxxx. P., the United States and SGL AG 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 SGL AG to pay a fine to the United States in the amount of $135 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: $250,000 – agreed upon in recognition of –
Sentencing Agreement. 14. 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.
