Sentencing Recommendation. 16. The parties agree that pursuant to United States x. Xxxxxx, 543 U.S. 220 (2005), the Court must determine an advisory sentencing guideline range pursuant to the United States Sentencing Guidelines. The Court will then determine a reasonable sentence within the statutory range after considering the advisory sentencing guideline range and the factors listed in Title 18, United States Code, Section 3553(a). The parties’ agreement herein to any guideline sentencing factors constitutes proof of those factors sufficient to satisfy the applicable burden of proof The Defendant also understands that if the Court accepts this Agreement, the Court is bound by the sentencing provisions in Paragraph 17.
Sentencing Recommendation. 33. The United States and the Defendant agree that pursuant to United States x. Xxxxxx, 000 X.X. 000 (2005), the Court must determine an advisory sentencing guideline range pursuant to the United States Sentencing Guidelines. The Court will then determine a reasonable sentence within the statutory range after considering the advisory sentencing guideline range and the factors listed in Xxxxx 00, Xxxxxx Xxxxxx Code, Section 3553(a). The parties’ agreement herein to any guideline sentencing factors constitutes proof of those factors sufficient to satisfy the applicable burden of proof.
Sentencing Recommendation. The United States agrees that it will 10 recommend a term of imprisonment that is no higher than the low end of Defendant’s 11 sentencing range under the Sentencing Guidelines. The parties agree that they each will 12 recommend that the Court impose a fine of $100,000. Defendant understands that 13 these recommendations are not binding on the Court and the Court may reject the 14 recommendations and may impose any term of imprisonment, and fine, up to the 15 statutory maximum penalties authorized by law. Defendant further understands that 16 Defendant cannot withdraw his guilty pleas simply because of the sentence imposed by 17 the Court. Defendant shall be free to recommend any sentence, consistent with the 18 law, that Xxxxxxxxx believes is appropriate in addition to the stipulated fine. Except as 19 otherwise provided in this Plea Agreement, the parties are free to present arguments 20 regarding any other aspect of sentencing.
Sentencing Recommendation. 16. The parties agree that pursuant to United States x. Xxxxxx, 000 X.X. 000 (2005), the Court must determine an advisory sentencing guideline range pursuant to the Sentencing Guidelines. The Court will then determine a reasonable sentence within the statutory range after considering the advisory Sentencing Guidelines range and the factors listed in Xxxxx 00, Xxxxxx Xxxxxx Code, Section 3553(a). The parties’ agreement herein to any guideline sentencing factors constitutes proof of those factors sufficient to satisfy the applicable burden of proof. The Defendant also understands that if the Court accepts this Agreement, the Court is bound by the sentencing provisions in Paragraph 15. The Fraud Section and the Office and the Defendant agree that a faithful application of the USSG to determine the applicable fine range yields the following analysis:
Sentencing Recommendation. 8. Rule 1Hc)(I)(C) Binding Agreement. Pursuant to Rule 1 l(c)(l)(C) of the Federal Rules of Criminal Procedure, the Government and the defendant stipulate and agree that the defendant shall be ordered to pay a fine of $250,000 and shall not be ordered to serve a term of probation. The parties agree that this sentence is a reasonable sentence under the facts and circumstances of this case. If at sentencing the court fails to accept the stipulations of the parties, or imposes a sentence different from that agreed to by the parties, then either the Case 4:18-cr-00084-WIA Document 3 Filed 03/13/18 Page 7 of 23 defendant or the United States has the right to withdraw from this Agreement and any guilty plea entered pursuant to this Agreement.
Sentencing Recommendation. In return for Defendant’s successful plea of no contest as set forth in paragraph 1, the following recommendations will be made:
