Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; these Guidelines, however, are advisory in nature, and the Court may impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable”;
b. the Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;
c. in addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to three years; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed;
d. if the defendant violates a condition of his supervised release, the Court may revoke his supervised release and impose an additional period of imprisonment of up to three years without credit for time previously spent on supervised release. In addition to a new term of imprisonment, the Court also may impose a new period of supervised release, the length of which cannot exceed three years, less the term of imprisonment imposed upon revocation of the defendant’s first supervised release;
e. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;
f. any sentence of imprisonment imposed by the Court will not allow for parole;
g. the Court must order restitution to be paid to victims of the offense to which he is pleading guilty, the conduct charged in any dismissed counts of the indictment, and all other uncharged related criminal activity;
h. the Court is not bound by any recommendation regarding the sentence to be imposed or by any calculation or estimation of the Sentencing Guidelines range offered by the parties or the United States Probation Office; and
i. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; these Guidelines, however, are advisory in nature, and the Court may impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable”;
b. the Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;
c. in addition to a sentence of imprisonment, the Court may impose a term of supervised release of at least eight years; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed;
d. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;
e. any sentence of imprisonment imposed by the Court will not allow for parole;
f. the Court is not bound by any recommendation regarding the sentence to be imposed or by any calculation or estimation of the Sentencing Guidelines range offered by the parties or the United States Probation Office; and
g. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; these Guidelines, however, are advisory in nature, and the Court may impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable”;
b. the Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;
c. in addition to a sentence of imprisonment, the Court must impose a term of supervised release of not less than five years;
d. if the defendant violates a condition of supervised release, the Court may revoke supervised release and impose an additional period of imprisonment without credit for time previously spent on supervised release. In addition to a new term of imprisonment, the Court also may impose a new period of supervised release;
e. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;
f. any sentence of imprisonment imposed by the Court will not allow for parole;
g. the Court is not bound by any recommendation regarding the sentence to be imposed or by any calculation or estimation of the Sentencing Guidelines range offered by the parties or the United States Probation Office; and
h. the defendant may not withdraw defendant’s guilty plea solely because of the nature or length of the sentence imposed by the Court.
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; these Guidelines, however, are advisory in nature, and the Court may impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable”;
b. the Court will determine the defendant's applicable Sentencing Guidelines range at the time of sentencing;
c. in addition to a sentence of imprisonment, the Court shall impose a term of supervised release not less than three years pursuant to 18 U.S.C. § 3583.
d. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;
e. any sentence of imprisonment imposed by the Court will not allow for parole;
f. the Court must order restitution to be paid to victims of the offense to which he is pleading guilty, the conduct charged in any dismissed counts of the indictment, and all other uncharged related criminal activity;
g. the Court is not bound by any recommendation regarding the sentence to be imposed or by any calculation or estimation of the Sentencing Guidelines range offered by the parties or the United States Probation Office; and
h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; these Guidelines, however, are advisory in nature, and the Court may impose a sentence either less than or greater than the defendant=s applicable Guidelines range;
b. the Court will determine the defendant=s applicable Sentencing Guidelines range at the time of sentencing;
c. in addition to a sentence of imprisonment, or if a sentence of probation is revoked, the Court may impose a term of supervised release of at least five years up to life; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed, and in defendant=s case, the Court must impose a period of supervised release of at least 5 years;
d. if the defendant violates a condition of his supervised release, the Court may revoke his supervised release and impose an additional period of imprisonment of up to 2 years without credit for time previously spent on supervised release. However, pursuant to 18 U.S.C. § 3583(k), if the Court revokes the supervised release because the defendant committed a criminal offense under chapter 109A (sexual abuse offenses occurring on special maritime or territorial jurisdiction of the United States, in violation of 18 U.S.C. §§ 2241-2248), 110 (sexual exploitation and other abuse of children, including child pornography offenses, in violation of 18 U.S.C. §§ 2251-2260A) or 117 (transportation for illegal sexual activity and related crimes, in violation of 18 U.S.C. §§ 2421-2428) or Section 1201 (kidnapping) or 1591 (sex trafficking of children or by force, fraud, or coercion) of Title 18 of the United States Code, the Court will impose an additional period of imprisonment of 5 years without credit for time previously spent on supervised release. In addition to a new term of imprisonment, the Court also may impose a new period of supervised release, the length of which cannot exceed life, less the term of imprisonment imposed upon revocation of the defendant’s first supervised release;
e. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;
f. any sentence of imprisonment imposed by the Court will not allow for parole;
g. the Court is not bound by any recommendation...
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. the Court may impose any sentence authorized by law;
b. any sentence of imprisonment imposed by the Court will not allow for parole;
c. the Court is not bound by any recommendation regarding the sentence to be imposed offered by the parties or the United States Probation Office; and
x. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; these Guidelines, however, are advisory in nature, and the Court may impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable”;
b. the Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;
c. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;
d. the Court may order restitution to be paid to victims of the offense to which it is pleading guilty, the conduct charged in any dismissed counts of the Indictment, and all other uncharged related criminal activity;
e. the Court is not bound by any recommendation regarding the sentence to be imposed or by any calculation or estimation of the Sentencing Guidelines range offered by the parties or the United States Probation Office;
f. the defendant may not withdraw its guilty plea solely because of the nature or length of the sentence imposed by the Court;
g. Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and The Teleport agree to forfeit all interest they own or over which they exercise control, directly or indirectly, in $75,000 in United States currency which the parties agree is property subject to forfeiture to the United States either directly or as a substitute for property that was subject to forfeiture but is no longer available for the reasons set forth in 18 U.S.C. § 1955(d) and 21 U.S.C. § 853(p). The parties agree to pay the $75,000 to the United States prior to the date of The Teleport’s guilty plea;
h. Xxxx Xxxxxx, Xxxxx Xxxxxxxx, and The Teleport also agree that all interests they own or over which they exercise control, directly or indirectly, in the assets currently subject to the Post-Indictment Restraining Order and Injunction and as specifically described in the Governments Return and Inventory. (Doc.
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; these Guidelines, however, are advisory in nature, and the Court may impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable”;
b. the Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;
c. in addition to a sentence of imprisonment, the Court may impose a term of supervised release of at least 3 years;
d. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;
e. any sentence of imprisonment imposed by the Court will not allow for parole;
f. the Court is not bound by any recommendation regarding the sentence to be imposed or by any calculation or estimation of the Sentencing Guidelines range offered by the parties or the United States Probation Office; and
g. the defendant may not withdraw her guilty plea solely because of the nature or length of the sentence imposed by the Court.
h. The defendant agrees that the United States may institute civil, judicial or administrative forfeiture proceedings against all forfeitable assets in which the defendant has an interest, and that she will not contest any such forfeiture proceedings.
i. The defendant agrees to forfeit all interests she owns or over which she exercises control, directly or indirectly, in any asset that is subject to forfeiture to the United States either directly or as a substitute for property that was subject to forfeiture but is no longer available for the reasons set forth in 21 U.S.C. § 853(p) (which is applicable to this action pursuant to 21 U.S.C. § 853(p), including but not limited to the following specific property: A sum of money equal to at least $60,000 representing the amount of proceeds obtained as a result of conspiracy charged in Count One and which facilitated the conspiracy. With respect to any asset which the defendant has agreed to forfeit, the defendant waives any constitutional and statutory challenges in any manner (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with this plea agreement on any grounds, including that the forfeiture constitutes an ...
Sentencing Procedures. The Government and defendant acknowledge, understand and agree to the following: a. In determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United 5 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 5 of 60 States Sentencing Commission; these Guidelines, however, are advisory in nature. The defendant understands that the United States Sentencing Guidelines relating to the sentencing of organizations do not apply to the imposition of fines for environmental crimes. U.S.S.G. § 8C2.l.
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission. While these Guidelines are advisory in nature, and the Court ordinarily would have the discretion to impose a 6 sentence either less than or greater than the court-determined advisory Guidelines range, in this instance the parties agree, pursuant to Rule 11(c)(1)(C), that the Court must impose sentence as follows: 1) The defendant, TYSON POULTRY, INC., shall complete not more than 2 years of probation pursuant to 18 U.S.C. § 3561 et. seq. with the United States Probation Office – Western District of Missouri; 2) The defendant, TYSON POULTRY, INC., shall pay a fine in the amount of $1,000,000 for each misdemeanor offense, for a total fine of $2,000,000, pursuant to the Alternative Fines Act, Title 18, United States Code, Section 3571(d).
