Common use of Sentencing Procedures Clause in Contracts

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.

Appears in 9 contracts

Samples: Plea Agreement, Plea Agreement, Plea Agreement

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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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up to three not less than four (4) 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 that 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. h. the defendant may not withdraw his this guilty plea solely because of the nature or length of the sentence imposed by the Court.; i. 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 defendant will not contest any such forfeiture proceedings;

Appears in 5 contracts

Samples: Plea Agreement, Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 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 two 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 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. On the Forfeiture Allegation of the Information, the defendant and the United States stipulate and agree to recommend that the Court order a money judgment in the amount of $3,726,589.73. j. 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 he will not contest any such forfeiture proceedings. k. The defendant agrees to forfeit all interests he owns or over which he 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 28 U.S.C. § 2461(c). One such asset is the U.S. currency seized at the time of the defendant’s arrest, totaling approximately $17,989.00. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. The forfeited funds will be deposited into the Asset Forfeiture Fund. Forfeiture of the defendant’s property shall not be treated as satisfaction of any fine, restitution, cost of imprisonment or any other penalty the Court may impose on the defendant in addition to forfeiture. However, defendant understands that the Monetary Penalties Unit of the United States Attorney’s Office for the Western District of Missouri may, in its discretion, submit a restoration request as to the forfeited funds to the Money Laundering and Asset Recovery Section (MLARS), Criminal Division, U.S. Department of Justice, and if granted, these funds would be provided by the Department of Justice to the Clerk of the Court for the payment of restitution in this case. Defendant understands that whether to approve or deny this request, in whole or in part, is entirely within the discretion of the Chief of MLARS. l. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from 2010 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. m. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency, either prior to or after entry of an order forfeiting the defendant’s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings. n. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing.

Appears in 4 contracts

Samples: Plea Agreement, Plea Agreement, Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up to three not less than five (5) 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 that 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. h. the defendant may not withdraw his this guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 defendant will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests defendant owns or over which defendant 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), including but not limited to the following specific property: seized at arrest. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees not to contest the transfer of any forfeitable property from any state or local agency to the United States and to take whatever steps are necessary to facilitate that transfer. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency either prior to or after entry of an order forfeiting the defendant=s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before sentencing, and; m. The defendant states that defendant is the sole and rightful owner of any currency, automobile and other assets seized at defendant=s arrest and that to the best of defendant=s knowledge no one else has any ownership or other interest in said property. In the event any federal, state or local law enforcement agency having custody of said property decides not to pursue forfeiture of the property, the defendant hereby abandons any interest in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant.

Appears in 3 contracts

Samples: Plea Agreement, Plea Agreement, Plea Agreement

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 five (5) years; that and 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 (3) 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 five (5) 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. 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 he will not contest any such forfeiture proceedings. j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 982(b)(1)). 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co- defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from 2006 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing.

Appears in 3 contracts

Samples: Plea Agreement, Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands 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 's applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up not less than four years pursuant to three years; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed21 U.S.C. § 841(a)(1); 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. e. any sentence of imprisonment imposed by the Court will not allow for parole; g. 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; 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. g. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.; h. The defendant agrees to forfeit all interests he owns or over which he 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). 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; i. 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 he will not contest any such forfeiture proceedings;

Appears in 3 contracts

Samples: Plea Agreement, Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant Defendant acknowledges, understands and agrees to the following: a. in 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 defendantDefendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable;; b. the B. The Court will determine the defendantDefendant’s applicable Sentencing Guidelines range at the time of sentencing; c. in 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 DEFENDANT INITIALS: MH supervised release if a sentence of imprisonment of more than one year is imposed; d. if the defendant X. Xx 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 two 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 defendantDefendant’s first supervised release; e. the 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 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 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 i. the defendant X. Xxxxxxxxx may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three two years on any such revocation, 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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; j. 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 18 U.S.C. § 982(b)(1), including, but not limited to the following specific property: a money judgment in the sum of at least $5,250,000. With respect to any assets 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which she, her co-defendants and her co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before her sentencing; m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 3 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 her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three 2 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 3 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court. i. 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. j. 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). 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which she and her co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from 2007 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before her sentencing. m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility. n. At the request of the USAO, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of forfeitable assets and restitution.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 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 two 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 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 imposedfor Count One; 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 one year pursuant to 18 U.S.C. § 3583(e)(3) 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 yearsone year pursuant to 18 U.S.C. § 3583(h), 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.;

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands 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 shall impose a term of supervised release of up not less than four years pursuant to three years; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed21 U.S.C. § 841(a)(1); 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. e. any sentence of imprisonment imposed by the Court will not allow for parole; g. 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; 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. g. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.; h. The defendant agrees to forfeit all interests he owns or over which he 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). 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; i. 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 he will not contest any such forfeiture proceedings;

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 five 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 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 three 5 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit: (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 =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 her supervised release, the Court may revoke his her 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 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 two 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 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 Any sentence of imprisonment imposed by the Court will not allow for parole;. g. the The Court must order restitution to be paid to victims victim of the offense offenses to which he is pleading guilty, the conduct charged in any dismissed counts of the indictment, and all other uncharged related criminal activity;. The defendant understands and agrees that entry of a restitution order is mandatory in this case pursuant to 18 U.S.C. § 1593. h. the 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 The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 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 two 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 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. 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 he will not contest any such forfeiture proceedings. j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from 2012 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing. m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit: (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 at least 3 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. e. 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. 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 i. g. the defendant may not withdraw his 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 he will not contest any such forfeiture proceedings. i. The defendant agrees to forfeit all interests he owns or over which he 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 $952,520,1 or more, representing the amount of proceeds obtained as a result of conspiracy charged in Count One and which facilitated the conspiracy; a sum of money equal to $214,261, or more, and representing the amount of proceeds obtained as a result of the health care fraud offense charged in Count Two. The total sum of money involved in the offense is $1,166,781. In addition, the defendant agrees to forfeit Missouri Board of Healing Arts, Physician and Surgeon of Osteopathy, Professional License Number R9J20 issued to XXXXX X. XXXXX, D.O., and Kansas Board of Healing Arts, Doctor of Osteopathy, Professional License Number 0531479, issued to XXXXX X. XXXXX. j. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from July 1, 2006 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. k. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing. l. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

Sentencing Procedures. The defendant Defendant acknowledges, understands and agrees to the following: a. in 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 defendantDefendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable;; b. the B. The Court will determine the defendantDefendant’s applicable Sentencing Guidelines range at the time of sentencing; c. in 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 X. Xx 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 two 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 defendantDefendant’s first supervised release; e. the 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 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 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 i. the defendant X. Xxxxxxxxx may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 =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 two years on any such revocation, 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 982(b)(1), including but not limited to the following specific property: a money judgment in the sum of at least $5,250,000. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; and m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 2 contracts

Samples: Plea Agreement, Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up to three not less than four (4) 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 that 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. h. the defendant may not withdraw his this guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 defendant will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests defendant owns or over which defendant 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), including but not limited to the following specific property: seized at arrest. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees not to contest the transfer of any forfeitable property from any state or local agency to the United States and to take whatever steps are necessary to facilitate that transfer. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency either prior to or after entry of an order forfeiting the defendant=s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before sentencing, and; m. The defendant states that defendant is the sole and rightful owner of any currency, automobile and other assets seized at defendant=s arrest and that to the best of defendant=s knowledge no one else has any ownership or other interest in said property. In the event any federal, state or local law enforcement agency having custody of said property decides not to pursue forfeiture of the property, the defendant hereby abandons any interest in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant.

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up to three not less than five (5) 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 that 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. h. the defendant may not withdraw his this guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 defendant will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests defendant owns or over which defendant 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), including but not limited to the following specific property: listed in indictment or previously forfeited. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees not to contest the transfer of any forfeitable property from any state or local agency to the United States and to take whatever steps are necessary to facilitate that transfer. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency either prior to or after entry of an order forfeiting the defendant=s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before sentencing, and; m. The defendant states that defendant is the sole and rightful owner of any currency, automobile and other assets listed in the indictment or seized at defendant=s arrest and that to the best of defendant=s knowledge no one else has any ownership or other interest in said property. In the event any federal, state or local law enforcement agency having custody of said property decides not to pursue forfeiture of the property, the defendant hereby abandons any interest in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in determining the appropriate sentence, the Court court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission; . While these Guidelines, however, Guidelines are advisory in nature, and the Court may court ordinarily would have the discretion to impose a sentence either less than or greater than the defendant’s applicable court-determined advisory Guidelines range, unless in this instance the parties agree, pursuant to Rule 11(c)(1)(C), that the Court must impose sentence as follows: the defendant shall be sentenced to a five-year term of probation, with the following special conditions: (1) the defendant shall not serve in any law enforcement position, or work for a law enforcement agency in any capacity; (2) in his first year of probation, the defendant shall serve a total of 30 days incarceration; and (3) The defendant shall pay all costs associated with his supervision and incarceration. If the court accepts this plea agreement, it must inform the defendant that sentence will be imposed in accordance with this agreement of the parties. If the court rejects this plea agreement, it must, on the record and in open court, inform the parties that the court rejects the plea agreement, advise the defendant personally that because the court is “unreasonable”rejecting the plea agreement the court is not required to impose sentence in accordance with the agreement of the parties, give the defendant an opportunity to withdraw defendant’s guilty plea, and further advise the defendant that if the plea is not withdrawn, the court may dispose of the case less favorably toward the defendant than the plea agreement contemplated; 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 two 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. 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; f. e. 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. 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 i. g. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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, however, Guidelines are advisory in nature, and the Court may ordinarily would have the discretion to impose a sentence either less than or greater than the defendant’s applicable court-determined advisory Guidelines range, unless in this instance the parties agree, pursuant to Rule 11(c)(1)(C), that the Court must impose sentence as follows: a term of 198 months (16½ years) of imprisonment, a term of 3 years of supervised release, and a $100 special assessment. If the court accepts this plea agreement, it must inform the defendant that sentence will be imposed in accordance with this agreement of the parties. If the court rejects this plea agreement, it must, on the record and in open court, inform the parties that the court rejects the plea agreement, advise the defendant personally that because the Court is “unreasonable”rejecting the plea agreement the Court is not required to impose sentence in accordance with the agreement of the parties, give the defendant an opportunity to withdraw defendant’s guilty plea, and further advise the defendant that if the plea is not withdrawn, the Court may dispose of the case less favorably toward the defendant than the plea agreement contemplated; 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 3 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 commits a condition of his supervised releaserelease violation, the Court may revoke his supervised release and impose an additional period of imprisonment of up to three 2 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 3 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.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 If the defendant violates a condition of his her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three two 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 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 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 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 h. The defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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, however, Guidelines typically are advisory in nature, and the Court may ordinarily could impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless in this instance the parties agree, pursuant to Rule 11(c)(1)(C), that the Court must impose a sentence within the agreed guideline range set forth in paragraph 10 of this agreement. If the court accepts this plea agreement, it must inform the defendant that sentence will be imposed in accordance with this agreement of the parties. If the court rejects this plea agreement, it must, on the record and in open court, inform the parties that the court rejects the plea agreement, advise the defendant personally that because the Court is “unreasonable”;rejecting the plea agreement the Court is not required to impose sentence in accordance with the agreement of the parties, give the defendant an opportunity to withdraw her plea, and further advise the defendant that if the plea is not withdrawn, the Court may dispose of the case less favorably toward the defendant than the plea agreement contemplated. 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 3 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 her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three 3 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 3 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.

Appears in 1 contract

Samples: Plea Agreement

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 her supervised release, the Court may revoke his her 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 she 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 her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 's applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release not less than two years for Count One of up the Indictment, pursuant to three years; that the Court must impose a period of supervised release if a sentence of imprisonment of 21 U.S.C. § 841(a)(1), and not more than one year is imposedthree years for Count Two of the Indictment, pursuant to 18 U.S.C. § 1956(h); 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. e. any sentence of imprisonment imposed by the Court will not allow for parole; g. f. the Court must order restitution to be paid to victims of the offense offenses to which he she is pleading guilty, the conduct charged in any dismissed counts of the indictment, and all other uncharged related criminal activity; h. 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; i. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court; 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), including but not limited to the following specific property: the money judgment of approximately $660,742.00 in United States currency, as identified in the Allegation of Forfeiture section of the Indictment subject to her rights reserved under Rule 11(a)(2) of the Federal Rules of Criminal Procedure. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; j. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which she, her co-defendants and her co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. As part of this cooperation, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of all such forfeitable assets and to provide and/or consent to the release of the defendant’s federal and state income tax returns for the previous years. The defendant understands and agrees that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility for the offenses charged in the Indictment; k. The defendant understands and agrees that in the event the United States learns of a knowing misrepresentation by the defendant on, or in connection with, the financial information disclosed to the United States, and in the event that such nondisclosure or misrepresentation involves assets valued at more than $1,000, the United States may, at its option: (1) be released from all of its obligations under this plea agreement, or (2) let the plea agreement stand and take other action as it deems appropriate; l. 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; subject to her rights preserved under Rule 11 (a)(2) as to Count Two; and m. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before her sentencing and consistent with this agreement.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant Defendant acknowledges, understands and agrees to the following: a. in 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 defendantDefendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable;; b. the B. The Court will determine the defendantDefendant’s applicable Sentencing Guidelines range at the time of sentencing;; DEFENDANT INITIALS: A.A.E. c. in 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 X. Xx 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 two 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 defendantDefendant’s first supervised release; e. the 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 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 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 i. the defendant X. Xxxxxxxxx may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 '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 her supervised release, the Court may revoke his her 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 '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 may order restitution to be paid to victims of the offense to which he she is pleading guilty, the conduct charged in any dismissed counts of the indictmentIndictment, 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 her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in determining that this plea is taken pursuant to Fed. X. Xxxx. P. 11(c)(1)(C) and the parties have agreed that a specific sentence is 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”disposition of this case; b. the Court will determine may accept this agreement, reject it, or defer a decision until the defendant’s applicable Sentencing Guidelines range at court has reviewed the time of sentencingpresentence report; c. if the Court rejects the plea agreement it will give the defendant the opportunity to withdraw the plea and advise defendant that if the plea is not withdrawn the court may dispose of the case less favorably than the plea agreement contemplated; d. in addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to three yearsyears on Count One and five years on Counts Two and Five; and furthermore, that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed; d. e. 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 five years on Counts Two and Five, and up to three years on Count One 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 up to five years on Count Five, up to three yearsyears on Count Two, and up to two years on Count One, less the term of imprisonment imposed upon revocation of the defendant’s first supervised release; e. f. 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. g. 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.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledgesDefendants acknowledge, understands understand and agrees 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 States Sentencing Commission; these Guidelines, however, are advisory in naturemerely advisory, and the Court may impose a sentence either less than or greater than the defendant’s applicable Guidelines advisory guideline sentencing range, unless so long as the sentence imposed is “not unreasonable”; b. the Court will determine the each defendant’s applicable Sentencing Guidelines advisory guideline sentencing 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 one year or, in lieu of a sentence of imprisonment, the Court must may impose a period of supervised release if a sentence probation of imprisonment of more than one year is imposedup to five years; d. if the a defendant violates a condition of his probation/supervised release, the Court court may revoke his the supervised release release/probation and impose an additional period of imprisonment of up to three years one year may be imposed, without credit for time previously spent on supervised release. In /probation, and that in addition to a new term of imprisonment, the Court also may impose a new period of supervised release/probation, the length of which cannot exceed three yearsone year, less the term of imprisonment imposed upon revocation of the defendant’s first supervised release/probation; e. the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines advisory guideline sentencing range; f. any sentence of imprisonment imposed by the Court will not allow for parole; g. the Court must may order restitution to be paid to victims of the offense to which he is defendants are pleading guilty, the conduct charged in any dismissed counts of the indictment, and all other uncharged related criminal activity. Defendants understand and agree that the United States may use the Federal Debt Collection Procedures Act and/or any other remedies provided by federal law to enforce any restitution order that may be entered as part of the sentence; 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 guideline sentencing range offered by the parties or the United States Probation Office; and i. the a defendant may not withdraw his a guilty plea solely because of dissatisfaction with the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 '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 yearsany term of 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; d. if the defendant violates a condition of his her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three 20 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 yearslife, less the term of imprisonment imposed upon revocation of the defendant’s '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 she 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 her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 generally impose a sentence either less than or greater than the defendant’s applicable Guidelines range, unless the sentence imposed is “unreasonable”; b. generally, the Court will also determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing, however in the instant case the Government and defendant agree, pursuant to Rules 11(c)(1)(C), 11(c)(3)(A) and 11(c)(4), that the appropriate offense level for the offense of conviction is 38, prior to considering acceptance of responsibility; c. in addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to not less than three (3) years; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one (1) year is imposed; d. if the defendant violates a condition of his supervised releasegenerally, 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; however, due to the instant plea agreement, if the Court accepts this plea agreement, the sentence will be based upon the agreed disposition, with an offense level from 35 to 38, inclusive; f. e. any sentence of imprisonment imposed by the Court will not allow for parole; g. f. if the Court must order restitution to be paid to victims of the offense to which he is pleading guiltyaccepts this plea agreement, the conduct charged in any dismissed counts of Court will be bound to the indictmentagreed disposition, and all other uncharged related criminal activity; h. that is, a sentence within the Court is not bound by any recommendation regarding guideline corresponding to the sentence final offense level (from 35 to be imposed or by any calculation or estimation of the Sentencing Guidelines range offered by the parties or the United States Probation Office38, inclusive); and i. g. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 3 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 2 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 3 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 982(b)(1) and 28 U.S.C. § 2461(c), including but not limited to the following specific property: a 2004 S500 Mercedes; and his home at 0000 Xxxxxxxxx, Xxxxxx City, Kansas (or, in the alternative, a cash payment that sufficiently satisfies the government’s interest in this property, in an amount determined by the U.S. Attorney, which payment must be made prior to sentencing); k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all additional assets forfeitable to the United States, either directly or as a substitute asset, in which she, his co-defendants and his co- conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from October 1, 2009, to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees not to contest the transfer of the property identified in subparagraph j from the applicable state or local agency to the United States and to take whatever steps are necessary to facilitate that transfer. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency either prior to or after entry of an order forfeiting the defendant’s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings; m. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; n. The defendant states that he and his wife are the sole and rightful owners of the property identified in subparagraph j, and that to the best of his knowledge no one else has any ownership or other interest in the property. In the event any federal, state or local law enforcement agency having custody of the property decides not to pursue forfeiture of the property due to its minimal value, the defendant hereby abandons any interest he has in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant; and o. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility. p. At the request of the USAO, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of forfeitable assets and restitution.

Appears in 1 contract

Samples: Plea Agreement

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 3 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 her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three 2 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 3 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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, however, Guidelines are advisory in nature, and the Court may ordinarily would have the discretion to impose a sentence either less than or greater than the defendant’s applicable court-determined advisory Guidelines range, unless in this instance the parties agree, pursuant to Rule 11(c)(1)(C), that the Court must impose sentence as follows: the defendant will be sentenced to 60 months’ imprisonment, not more than three (3) years’ supervised release, up to a $500,000 fine, and a $100 mandatory special assessment. If the Court accepts this plea agreement, it must inform the defendant that sentence will be imposed in accordance with this agreement of the parties. If the Court rejects this plea agreement, it must, on the record and in open court, inform the parties that the Court rejects the plea agreement, advise the defendant personally that, because the Court is “unreasonable”rejecting the plea agreement, the Court is not required to impose sentence in accordance with the agreement of the parties, give the defendant an opportunity to withdraw defendant’s guilty plea, and further advise the defendant that, if the plea is not withdrawn, the Court may dispose of the case less favorably toward the defendant than the plea agreement contemplated; 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 not more than one year is imposedthree (3) 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 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;; and f. e. 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.

Appears in 1 contract

Samples: Plea Agreement

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”;; −3− 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 (3) 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 anadditional period of imprisonment of up to three two 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 (3) years, less the term of imprisonment imposed upon revocation of the defendant’s '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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; and i. 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 he will not contest any such forfeiture proceedings.

Appears in 1 contract

Samples: Plea Agreement

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 3 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 2 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 3 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 3 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 2 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 3 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility. j. At the request of the USAO, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of forfeitable assets and restitution.

Appears in 1 contract

Samples: Plea Agreement

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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 1037(c), including the specific property listed in Exhibit A which is attached to this agreement.) 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. j. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing. k. The defendant states that he, his brother Xxxx Xxxx, and i2o, Inc., are the sole and rightful owners of the property listed in Exhibit A and that to the best of his knowledge no one else has any ownership or other interest in the property. In the event any federal, state or local law enforcement agency having custody of the property decides not to pursue forfeiture of the property due to its minimal value, the defendant hereby abandons any interest he has in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 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 two 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 =s first supervised release;. e. If the court imposes a sentence of probation, and the defendant violates a condition of his probation, the Court may revoke his probation and impose a period of imprisonment of up to three years without credit for time previously spent on probation. If a term of imprisonment is imposed following revocation of probation, the Court also may require the defendant to serve a period of supervised release following his release from imprisonment, the length of which cannot exceed three years. f. 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 g. 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 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 The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. j. On or before the date this plea agreement is presented to the court, the defendant agrees to: resign from the St. Xxxxxx, Missouri, Police Department; resign his post certification; and, never be employed in any law enforcement, or law enforcement related job in the future.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands 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 's applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up not less than five years pursuant to three years; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed21 U.S.C. § 841(a)(1); 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 may 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.;

Appears in 1 contract

Samples: Plea Agreement

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 merely 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 '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 court may revoke his supervised release and impose an additional period of imprisonment of up to three years may be imposed, without credit for time previously spent on supervised release. In , and that 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 '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.

Appears in 1 contract

Samples: Plea Agreement

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 '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 5 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 3 years on each of Counts Twenty-eight and Forty-two (2 years on each of Counts One, Two, Twenty-nine and Forty-three) without credit for time previously spent on supervised releaserelease (additional terms of imprisonment imposed on revocation of supervised release may be imposed to run consecutively to one another). 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 years5 years (3 years for Counts One, Two, Twenty-nine and Forty-three), 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 offenses of conviction, and may order restitution to which he is pleading guilty, be paid to victims of 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.

Appears in 1 contract

Samples: Plea Agreement

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 3 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 3 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 3 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility. x. at the request of the USAO, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of forfeitable assets and restitution.

Appears in 1 contract

Samples: Plea Agreement

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 two 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 28 U.S.C. § 2461(c). 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. The forfeited funds will be deposited into the Asset Forfeiture Fund. Forfeiture of the defendant’s property shall not be treated as satisfaction of any fine, restitution, cost of imprisonment or any other penalty the Court may impose on the defendant in addition to forfeiture. However, defendant understands that the Monetary Penalties Unit of the United States Attorney’s Office for the Western District of Missouri may, in its discretion, submit a restoration request as to the forfeited funds to the Money Laundering and Asset Recovery Section (MLARS), Criminal Division, U.S. Department of Justice, and if granted, these funds would be provided by the Department of Justice to the Clerk of the Court for the payment of restitution in this case. Defendant understands that whether to approve or deny this request, in whole or in part, is entirely within the discretion of the Chief of MLARS. k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from April 9, 2011 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency, either prior to or after entry of an order forfeiting the defendant’s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings; m. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; n. Within ten (10) days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit: (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility; and o. At the request of the USAO, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of forfeitable assets and restitution.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 merely 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 The Court will determine the defendant’s 's applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 If the defendant violates a condition of his supervised release, the Court court may revoke his supervised release and impose an additional period of imprisonment of up to three years may be imposed, without credit for time previously spent on supervised release. In , and that 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 's first supervised release;. e. the 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 Any sentence of imprisonment imposed by the Court will not allow for parole;. g. the 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 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 The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s 's applicable Sentencing Guidelines range at the time of sentencing;. c. in In addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to three years5 years on Counts 1 and 2; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed;. d. if If the defendant violates a condition of his her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three 5 years on each count 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 5 years, less the term of imprisonment imposed upon revocation of the defendant’s 's first supervised release;. e. While the Court may impose any sentence authorized by law, including a sentence that is outside of, or departs from, the applicable Sentencing Guidelines range;, if the sentence imposed exceeds 108 months, the defendant has the right to withdraw her plea of guilty. f. any Any sentence of imprisonment imposed by the Court will not allow for parole;. g. the The Court must order restitution to be paid to victims of the offense offenses to which he she is pleading guilty, the conduct charged in any dismissed counts of the indictment, and all other uncharged related criminal activity;. h. the 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 The defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court, except that she may withdraw her plea if the sentence imposed exceeds 108 months.

Appears in 1 contract

Samples: Plea Agreement

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 3 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 3 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 3 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation

Appears in 1 contract

Samples: Plea Agreement

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 two 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 indictmentInformation, 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.

Appears in 1 contract

Samples: Plea Agreement

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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 yearslife; 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 five years without credit for time previously spent on supervised releaserelease as to Count Two, and up to two years as to Count One. If the defendant commits any criminal offense under chapter 109(A), 110, or 117, or section 1201 or 1591, for which imprisonment for a term longer than 1year can be imposed, the Court shall revoke the term of supervised release and require the defendant to serve a term of imprisonment of not less than five years without credit for time previously spent on supervised release as to each count. 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 yearslife, less the term of imprisonment imposed upon revocation of the defendant’s '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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. 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 he will not contest any such forfeiture proceedings. j. the defendant agrees to forfeit all interests he owns or over which he 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 to18 U.S.C. § 2253, including but not limited to the following specific property: a Xxxxxxx Xxxxxxx Pavilion, desk top computer, bearing serial number CNH7471ZFL. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. x. the defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 1, 2008 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. x. the defendant agrees not to contest the transfer of Xxxxxxx Xxxxxxx Pavilion, desk top computer, bearing serial number CNH7471ZFL from the State of Missouri to the United States and to take whatever steps are necessary to facilitate that transfer. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency either prior to or after entry of an order forfeiting the defendant’s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings. m. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing. n. The defendant states that he is the sole and rightful owner of Xxxxxxx Xxxxxxx Pavilion, desk top computer, bearing serial number CNH7471ZFL and that to the best of his knowledge no one else has any ownership or other interest in the property. In the event any federal, state or local law enforcement agency having custody of the property decides not to pursue forfeiture of the property due to its minimal value, the defendant hereby abandons any interest he has in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant. o. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility. p. At the request of the USAO, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of forfeitable assets and restitution.

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =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 two 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 =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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. 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 he will not contest any such forfeiture proceedings. j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)), including but not limited to the following specific property: forfeiture and money judgment in the amount of $12,000. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from July 2010 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing. m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing; c. in In addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to three years; years and that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed; d. if 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 two 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, years less the term of imprisonment imposed upon revocation of the defendant’s first supervised release; e. the 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 not more than one year is imposedfive (5) years; d. if the defendant violates a condition of his her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three (3) years without credit for time previously spent on supervised releaserelease on each count. 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 (3) 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 '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 '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 may 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 indictmentIndictment, 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.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in In addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to three 3 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 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 2 years on Count One and 3 years on Count Seven, 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 3 years, less the term of imprisonment imposed upon revocation of the defendant’s first supervised release;. e. the 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =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 two 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 =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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 no less than five years at to three years; that the Court must impose a period of supervised release if a sentence of imprisonment of Count 3 and no more than one year is imposedfive years as to Count 4; d. if the defendant violates a condition of his her supervised release, as to Count 4, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three five 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 five 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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, however, Guidelines are advisory in nature, and the Court may ordinarily would have the discretion to impose a sentence either less than or greater than the defendant’s applicable court-determine advisory Guidelines range, unless in this instance the parties agree, pursuant to Rule 11(c)(1)(C), that the Court must impose a sentence of twenty (20) years. If the court accepts this plea agreement, it must inform the defendant that sentence will be imposed in accordance with this agreement of the parties. If the court rejects this plea agreement, it must, on the record and in open court, inform the parties that the court rejects the plea agreement, advise the defendant personally that because the Court is “unreasonable”;rejecting the plea agreement the Court is not required to impose sentence in accordance with the agreement of the parties, give the defendant an opportunity to withdraw defendant’s guilty plea, and further advise the defendant that if the plea is not withdrawn, the Court may dispose of the case less favorably toward the defendant than the plea agreement contemplated. b. the 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 If the defendant violates a condition of his supervised release, the Court may revoke his supervised release and impose an additional a period of imprisonment of up to three years without credit for time previously spent on supervised releaselife imprisonment. 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;life. 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 d. Any sentence of imprisonment imposed by the Court will not allow for parole;. g. the e. The Court must order restitution to be paid to victims victim of the offense offenses 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 . The defendant understands and agrees that entry of a restitution order is not bound by any recommendation regarding the sentence mandatory in this case pursuant 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 Court18 U.S.C. § 1593.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the The Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in 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 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 two 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 =s first supervised release; e. the 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)), including but not limited to the following specific property: forfeiture and money judgment in the amount of $80,000. As part of this money judgment, the defendant agrees to pay $20,000 at the time of sentencing, and pay the remaining balance within six months of the sentencing date. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from July 2010 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; and m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. on case number 20-CR-04013 and 22-CR-04071, 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. on case number 20-CR-04013 and 22-CR-04071, the Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing; c. on case number 20-CR-04071, in addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to not more than three years(3) years for Counts 1 and 2, and a term of supervised release of not more than 1 year on Count 68; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one (1) year is imposed; d. on case number 20-CR-04071, 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 two (2) years without credit for time previously spent on supervised release for counts 1 and 2, and an additional period of imprisonment of up to one (1) year without any credit for time previously spent of on supervised release for count 68. 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 (3) years for counts 1 and 2 and one (1) year for count 68, less the term of imprisonment imposed upon revocation of the defendant’s first supervised release; e. on case number 22-CR-04013, in addition to a sentence of imprisonment, the Court may impose a term of supervised release of not more than three (3) years that the Court must impose a period of supervised release if a sentence of imprisonment of more than one (1) year is imposed; f. on case number 22-CR-04013, 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 two (2) 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, (3) years less the term of imprisonment imposed upon revocation of the defendant’s first supervised release; e. g. on case number 20-CR-04013 and 22-CR-04071, 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. h. on case number 20-CR-04013 and 22-CR-04071, 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 guiltyi. on case number 20-CR-04013 and 22-CR-04071, 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. j. on case number 20-CR-04013 and 22-CR-04071, the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. k. On case number 20-CR-04013 and 22-CR-04071, he 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 he will not contest any such forfeiture proceedings; l. on case number 20-CR-04013 and 22-CR-04071, the defendant agrees to forfeit all interest he owns or over which he 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 18 U.S.C. § 982(b)(1) and 28 U.S.C. § 2461(c), including, but not limited to, a money judgement in an amount to be determined by the Court. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; m. On case number 20-CR-04013 and 22-CR-04071, the defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from June 1, 2017, to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; n. On case number 20-CR-04013 and 22-CR-04071, the defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; o. On case number 20-CR-04013 and 22-CR-04071, within ten (10) days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit: (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility; and p. On case number 20-CR-04013 and 22-CR-04071, at the request of the USAO, the defendant agrees to undergo any polygraph examination the United States might choose to administer concerning the identification and recovery of forfeitable assets and restitution.

Appears in 1 contract

Samples: Plea Agreement

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 two years on any such revocation, 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interest he owns or over which he 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 18 U.S.C. § 982(b)(1), including, but not limited to the following specific property: a money judgment in the sum of at least $5,250,000. With respect to any assets 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands 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 's applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up not less than three years pursuant to three years; that the Court must impose a period of supervised release if a sentence of imprisonment of more than one year is imposed21 U.S.C. § 841(a)(1); 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 may 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.; i. The defendant agrees to forfeit all interests he owns or over which he 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). 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; j. 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 he will not contest any such forfeiture proceedings;

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up to not less than three (3) 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 that 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. h. the defendant may not withdraw his this guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 defendant will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests defendant owns or over which defendant 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), including but not limited to the following specific property: seized at arrest. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees not to contest the transfer of any forfeitable property from any state or local agency to the United States and to take whatever steps are necessary to facilitate that transfer. The defendant specifically agrees and authorizes any state or local law enforcement agency having possession of property subject to federal forfeiture to release the property to a federal agency either prior to or after entry of an order forfeiting the defendant=s interest in such property. Further, the defendant agrees to hold harmless any state or local law enforcement agency which releases such property to any federal agency for federal forfeiture proceedings; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before sentencing, and; m. The defendant states that defendant is the sole and rightful owner of any currency, automobile and other assets seized at defendant=s arrest and that to the best of defendant=s knowledge no one else has any ownership or other interest in said property. In the event any federal, state or local law enforcement agency having custody of said property decides not to pursue forfeiture of the property, the defendant hereby abandons any interest in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant.

Appears in 1 contract

Samples: Plea Agreement

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 3 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 2 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 3 years, less the term of imprisonment imposed upon revocation of the defendant’s =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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; and i. within 10 days of the execution of this plea agreement, at the request of the United States, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 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 two 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 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. i. 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 he will not contest any such forfeiture proceedings. j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c). k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from October 1, 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. o. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit: (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

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 her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three two years on any such revocation, 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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; j. 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 18 U.S.C. ' 982(b)(1), including, but not limited to the following specific property: a money judgment in the sum of at least $5,250,000 and $23,906 in U.S. currency recovered from the defendant at the time of her arrest. With respect to any assets 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which she, her co-defendants and her co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before her sentencing; m. The defendant states that she is the sole and rightful owner of the $23,906 in U.S. currency recovered from the defendant at the time of her arrest, and that to the best of her knowledge no one else has any ownership or other interest in the property. In the event any federal, state or local law enforcement agency having custody of the property decides not to pursue forfeiture of the property due to its minimal value, the defendant hereby abandons any interest she has in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant; and n. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant=s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

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 imposed1 year; 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 1 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 years1 year, 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =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 two 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 =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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)), including but not limited to the following specific property: forfeiture and money judgment in the amount of $459,876. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from July 2010 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; and m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit: (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledgesdefendants acknowledge, understands understand and agrees 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 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. for defendant XXXX, 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. x. for defendant XXXX, if the defendant he 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. For defendant XXXX, 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. h. the defendant defendants may not withdraw his their guilty plea pleas solely because of the nature or length of the sentence imposed by the Court. i. The defendants agree to forfeit all interests they own or over which they exercise 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 18 U.S.C. § 1037(c), including the specific property listed in Exhibit A which is attached to this agreement.) With respect to any asset which the defendants have agreed to forfeit, the defendants waive 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. x. the defendants agree to take all necessary steps to comply with the forfeiture matters set forth herein before their sentencing. x. the defendant states that they, and Xxxxxx Xxxx, are the sole and rightful owners of the property listed in Exhibit A and that to the best of their knowledge no one else has any ownership or other interest in the property. In the event any federal, state or local law enforcement agency having custody of the property decides not to pursue forfeiture of the property due to its minimal value, the defendants hereby abandon any interest they have in such property and consent to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendants.

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”; b. the Court will determine the defendant’s =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 two years on any such revocation, 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 982(b)(1), including but not limited to the following specific property: a money judgment in the sum of at least $5,250,000, all proceeds contained in Bank account # 0000 0000 0000 in the defendant’s name with the Bank of America, and $1,124 in U.S. currency recovered from the defendant at the time of his arrest. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; m. The defendant states that he is the sole and rightful owner of the proceeds contained in Bank account # 0000 0000 0000 in the defendant’s name with the Bank of America, and $1,124 in U.S. currency recovered from the defendant at the time of his arrest, and that to the best of his knowledge no one else has any ownership or other interest in the property. In the event any federal, state or local law enforcement agency having custody of the property decides not to pursue forfeiture of the property due to its minimal value, the defendant hereby abandons any interest he has in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant; and n. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant=s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the The Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in 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 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 two 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 =s first supervised release; e. the 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 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 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 h. The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 981(a)(1)(C) and 28 U.S.C. § 2461(c)), including but not limited to the following specific property: forfeiture and money judgment in the amount of $108,260. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he and/or his co-defendants have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from July 2010 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; and m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

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 at least 3 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. e. 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. 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 i. g. the defendant may not withdraw his 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 he will not contest any such forfeiture proceedings. i. The defendant agrees to forfeit all interests he owns or over which he 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 $557,600, or more, representing the amount of proceeds obtained as a result of conspiracy charged in Count One and which facilitated the conspiracy; a sum of money equal to at least $624,109, or more, representing the amount of proceeds obtained as a result of conspiracy charged in Count Two and which facilitated the conspiracy; a sum of money equal to$136,380, or more, representing the amount of proceeds obtained as a result of the health care fraud offense charged in Count Three charged in Count Three; and a sum of money equaling $67,801, or more, representing the amount of proceeds obtained as a result of the fraudulent theft of Social Security benefits charged in Count Four; and the following items of real property, representing the amount of proceeds obtained as a result of the conspiracies charged in Counts One and Two and which facilitated those conspiracies, and representing the proceeds of the offenses charged in Counts Three and Four: 7601 Jefferson, Kansas City, Missouri; 8004 Flora, Kansas City, Missouri; 8012 Flora, Kansas City, Missouri; 000000 Xxxx 00xx Xxxxxx, Xxxxxxx, Xxxxxx; 00000 Xxxx 00xx Xxxxxx, XxXxxx, Xxxxxx; 0000 Xxxxxx, Kansas City, Missouri; and 0000 Xxxx 00xx Xxxxxx, Xxxxxxx, Xxxxxx. The total sum of money involved in the offense is $1,385,890. However, the defendant agrees to pay to the United States within six months of the date of this agreement or on the date of sentencing but before sentencing occurs, whichever period is shorter, $325,000, by certified check made payable to the United States Department of Justice. The defendant’s failure to make this payment shall constitute a breach of the plea agreement. The United States agrees to forfeit this $325,000 payment in lieu of the above-listed property. 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution. j. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from June 1, 2006 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets. k. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing. l. The defendant states that he is the sole and rightful owner of and that to the best of his knowledge no one else has any ownership or other interest in the property. In the event any federal, state or local law enforcement agency having custody of the property decides not to pursue forfeiture of the property due to its minimal value, the defendant hereby abandons any interest he has in such property and consents to the destruction or any other disposition of the property by the federal, state or local agency without further notice or obligation whatsoever owing to the defendant. m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

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 two years on any such revocation, 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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 he will not contest any such forfeiture proceedings; j. The defendant agrees to forfeit all interests he owns or over which he 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 18 U.S.C. § 982(b)(1), including, but not limited to the following specific property: a money judgment in the sum of at least $5,250,000. With respect to any assets 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which he, his co-defendants and his co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before his sentencing; and m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s 's applicable Sentencing Guidelines range at the time of sentencing;. c. in In addition to a sentence of imprisonment, the Court may impose a term of supervised release of up to three 3 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 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 3 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 3 years, less the term of imprisonment imposed upon revocation of the defendant’s 's first supervised release;. e. the 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 Any sentence of imprisonment imposed by the Court will not allow for parole;. g. the 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 count of the indictment, and all other uncharged related criminal activity;. h. the 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 The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =s applicable Sentencing Guidelines range at the time of sentencing; c. in addition to a sentence of imprisonment, the Court may shall impose a term of supervised release of up to not less than three (3) 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 that 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. h. the defendant may not withdraw his this guilty plea solely because of the nature or length of the sentence imposed by the Court.; i. 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 defendant will not contest any such forfeiture proceedings;

Appears in 1 contract

Samples: Plea Agreement

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 '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 her supervised release, the Court may revoke his her 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 '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 may order restitution to be paid to victims of the offense to which he she is pleading guilty, the conduct charged in any dismissed counts of the indictmentinformation, 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 her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three two years on any such revocation, 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. h. the defendant may not withdraw his her guilty plea solely because of the nature or length of the sentence imposed by the Court; i. 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; j. 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 18 U.S.C. § 982(b)(1), including, but not limited to the following specific property: a money judgment in the sum of at least $5,250,000. With respect to any assets 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 excessive fine or punishment under the Eighth Amendment to the United States Constitution; k. The defendant agrees to fully and truthfully disclose the existence, nature and location of all assets forfeitable to the United States, either directly or as a substitute asset, in which she, her co-defendants and her co-conspirators have or had any direct or indirect financial interest, or exercise or exercised control, directly or indirectly, during the period from November 2009 to the present. The defendant also agrees to fully and completely assist the United States in the recovery and forfeiture of all such forfeitable assets; l. The defendant agrees to take all necessary steps to comply with the forfeiture matters set forth herein before her sentencing; and m. Within 10 days of the execution of this plea agreement, at the request of the USAO, the defendant agrees to execute and submit (1) a Tax Information Authorization form; (2) an Authorization to Release Information; (3) a completed financial disclosure statement; and (4) copies of financial information that the defendant submits to the U.S. Probation Office. The defendant understands that the United States will use the financial information when making its recommendation to the Court regarding the defendant’s acceptance of responsibility.

Appears in 1 contract

Samples: Plea Agreement

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 '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 5 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 her supervised release, the Court may revoke his her supervised release and impose an additional period of imprisonment of up to three 3 years (2 years on each of Counts Two and Thirty-nine) without credit for time previously spent on supervised releaserelease (additional terms of imprisonment imposed on revocation of supervised release may be imposed to run consecutively to one another). 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 years5 years (3 years for Counts Two and Thirty-nine), 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 offenses of conviction, and may order restitution to which he is pleading guilty, be paid to victims of 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 her guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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 =s applicable Guidelines range, unless the sentence imposed is “unreasonable”Xxxxxxxxxxxxx@; b. the Court will determine the defendant’s =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 two 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 =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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in 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 The Court will determine the defendant’s 's applicable Sentencing Guidelines range at the time of sentencing;. c. in 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 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 's first supervised release;. e. the 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 Any sentence of imprisonment imposed by the Court will not allow for parole;. g. the The Court must order restitution to be paid to all victims of the offense offenses to which he is pleading guilty, the conduct charged in any dismissed counts of the indictment, guilty and all other uncharged related criminal activity;. The defendant agrees that the amount of restitution will be approximately $12 million ($12,000,000) (with relevant conduct) or $9 million ($9,000,000) (not including relevant conduct). The parties agree that the Court will make the final determination regarding the amount of restitution. h. the 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 The defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court. j. The defendant understands and agrees that in the event the United States learns of a knowing misrepresentation by the defendant on, or in connection with, the financial information disclosed to the United States, and in the event that such nondisclosure or misrepresentation involves assets valued at more than $1,000, the United States may, at its option: (1) be released from all of its obligations under this plea agreement, or (2) let the plea agreement stand and take other action as it deems appropriate. k. The defendant further agrees to release any lis pendens he or anyone on his behalf has filed where there is in fact no litigation pending.

Appears in 1 contract

Samples: Plea Agreement

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 (3) years as to Counts 1, 2, and 3, and up to one (1) year is imposedas to Count 4; 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 two (2) years without credit for time previously spent on supervised releaserelease as to Counts 1, 2, and 3, and up to one (1) year as to Count 4. 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(3) years as to Counts 1, 2 and 3, and one (1) year as to Count 4, 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. h. the defendant may not withdraw his guilty plea solely because of the nature or length of the sentence imposed by the Court.

Appears in 1 contract

Samples: Plea Agreement

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