Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant=s applicable Guidelines range, provided the sentence imposed is not Aunreasonable@;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. ' 2D1.1, which, for a conviction under 21 USC '' 841(a)(1), (b)(1)(B) and 846, requires a minimum base offense level 26; however, the parties recognize the probation office and the Court have the authority to potentially make a determination, from the facts of the case and application of the law, of a higher level than that minimum base offense level and if such higher level is determined, the parties reserve the right to address at sentencing that probation or Court determined level;
c. The parties agree that a two-level increase for the money laundering conspiracy conviction is appropriate. While the parties recognize there might be other specific aggravating or mitigating U.S.S.G. applications applicable to this defendant, the parties elect to address those at sentencing whether or not applied by the pre-sentence report or Court;
d. The defendant appears to have admitted his guilt and accepted responsibility for his actions, and by timely notifying authorities of the intention to enter a plea of guilty has thereby permitted the Government to avoid preparing for trial and permitted the Government and the Court to allocate their resources efficiently. Therefore, the defendant appears entitled to a three-level reduction pursuant to ' 3E1.1(b) of the Sentencing Guidelines and the Government, at the time of sentencing, will make a motion with the Court to that effect unless the defendant
(1) fails to abide by all of the terms and conditions of this plea agreement, any addendums, and any pretrial release orders; or (2) attempts to withdraw this guilty plea; or (3) violates the law; or (4) otherwise engages in conduct inconsistent with an acceptance of responsibility;
e. There is no agreement between the parties regarding the defendant=s criminal history category. The parties agree that the Court will determine the applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
f. The defendant understands that the estimate of the parties with respect to the...
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable”;
b. The applicable Guidelines sections for the offense of conviction is U.S.S.G. § 8A1.2, and The Teleport was a criminal purpose organization under § 8C1.1.
c. Based upon the parties agreement that all of The Teleport’s assets are forfeitable and the agreement to sell the assets and pay the proceeds to the government to be forfeited, the parties agree that a fine should not be imposed in this case and at the time of sentencing will recommend that the Court not impose a fine.
d. The parties agree that the defendant is subject to a term of probation as provided for in U.S.S.G. § 8D1.2. The parties further agree that in the event the compliance with the forfeiture provision of this agreement has not been satisfied by the date of sentencing, it shall be made a special condition of any term of probation that is imposed by the Court.
e. The defendant understands that the estimate of the parties with respect to the Guidelines computation set forth in the subsections of this paragraph does not bind the Court or the United States Probation Office with respect to the appropriate Guidelines levels. Additionally, the failure of the Court to accept these stipulations will not, as outlined in Paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw its plea of guilty;
f. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the Indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
g. The defendant understands and agrees that the factual ad...
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable.”
b. The applicable Guidelines section is U.S.S.G. § 2C1.1, which provides for a base offense level of 12.
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable.”
b. The parties believe the applicable Guidelines Manual is the one that took effect on November 1, 2008, but agree that the determination is for the Court and the Probation Office.
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. § 2B1.1, which provides for a base offense level of 6.
d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct2 may be more than $1,000,000.00 but not more than $2,500,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $1,000,000.00 but not more than $2,500,000.00, there will be a 16-level increase in the offense level.
e. The Government contends that the offense involved sophisticated means, resulting in a two-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest this.
f. The defendant has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, he is entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. The Government, at the time of sentencing, will file a written motion 2 Defendant purchased one other property which the Government contends will be relevant conduct (000 XX Xxxxxxx Xxx Court, Xxx’x Summit, Missouri). with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility.
g. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine his applicable criminal history category after...
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. § 2B1.1, which provides for a base offense level of 6;
c. The applicable Guidelines section as it relates to “Specific Offense Characteristics” for losses is U.S.S.G. § 2B1.1(b), which provides for an increase is 14 levels for losses that exceed $400,000 but are less than $1,000,000.
d. The applicable Guidelines section as it relates to “Abuse of Position of Trust or Use of Special Skill” is U.S.S.G. § 3B1.3, which provides for an increase in 2 levels as this defendant utilized his position as co-owner and a mortgage broker to commit this offense.
e. The defendant has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, he is entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. The Government, at the time of sentencing, will file a written motion with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. Pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure, the parties agree that the defendant should be sentenced to five years (60 months) imprisonment;
b. The parties further agree that to reach a total sentence of five years (60 months), that the defendant be sentenced to the following: For Count One (Conspiracy), the total sentence agreed to is 60 months. In exchange for defendant’s acceptance of a 60 month sentence, the Government has agreed to not seek an enhanced sentence under the charges for which he is currently indicted pursuant to 21 U.S.C. §§ 841(b)(1)(A);
c. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
d. The defendant has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, he is entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. The Government, at the time of sentencing, will file a written motion with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable.”
b. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant’s sentence, including the determination of any mandatory minimum sentence (including the facts that support any specific offense characteristic or other enhancement or adjustment), and any legally authorized increase above the normal statutory maximum. The defendant waives any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives any right to have those facts alleged in the indictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay.
c. The defendant understands and agrees that the factual admissions contained in paragraph 3 of this plea agreement, and any admissions that he will make during his plea colloquy, will be used to calculate the defendant’s Guidelines range.
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable.”
b. The parties believe the applicable Guidelines Manual is the one that took effect on November 1, 2008, but agree that the determination is for the Court and the Probation Office.
c. The applicable Guidelines section for the offense of conviction is U.S.S.G. § 2B1.1, which provides for a base offense level of 6.
d. While the precise loss amount is as yet undetermined, the Government believes the amount of loss from the offenses of conviction and relevant conduct (a total of 12 properties, all charged in the conspiracy) may be more than $2,500,000.00 but not more than $7,000,000.00. The defendant reserves the right to contest this amount of loss. If the total loss is more than $2,500,000.00 but not more than $7,000,000.00, there will be an 18-level increase in the offense level.
e. The Government contends that the offense involved sophisticated means, resulting in a two-level increase pursuant to § 2B1.1(b)(9)(C); the defendant reserves the right to contest this.
f. The Government believes that the defendant abused a position of private trust in a manner that significantly facilitated the commission of the offense, resulting in a two-level increase pursuant to § 3B1.3; the defendant reserves the right to contest this.
g. The defendant has admitted his guilt and clearly accepted responsibility for his actions, and has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, he is entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. The Government, at the time of sentencing, will file a written motion with the Court to that effect, unless the defendant (1) fails to abide by all of the terms and conditions of this plea agreement and his pretrial release; or (2) attempts to withdraw his guilty plea, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility.
h. There is no agreeme...
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the Government submits, but the defendant may not agree, as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable”.
Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows:
a. The Sentencing Guidelines do not bind the Court and are advisory in nature. The Court may impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable”;
b. The applicable Guidelines section for the offense of conviction is U.S.S.G. § 2B1.1(a)(2), which provides for a base offense level of 6;
c. The parties agree that a six-level enhancement applies, pursuant to U.S.S.G. § 2B1.1(b)(1)(D), for loss between $30,000 to $70,000 attributable to the defendants’ conduct, which includes any relevant conduct;
d. The parties agree that a two-level enhancement applies, pursuant to U.S.S.G. § 2B1.1(b)(2)(A)(ii), for number of victims, as the offense conduct was committed through “mass-marketing,” as described in U.S.S.G. § 2B1.1 comment. (n. 4);
e. The parties agree that a two-level enhancement applies, pursuant to U.S.S.G. § 2B1.1(b)(7), for a conviction under 18 U.S.C. § 1037 and the offense involved obtaining electronic mail addresses through improper means, as described in U.S.S.G. § 2B1.1 comment. (n. 6);
f. The parties agree that a two-level enhancement applies, pursuant to U.S.S.G. § 2B1.1(b)(9)(B);
g. The Government agrees that no enhancement applies, pursuant to U.S.S.G. § 3B1.1;
h. The Government agrees that no enhancement applies, pursuant to U.S.S.G. § 3B1.3, for use of a “special skill” that significantly facilitated the commission or concealment of the offense;
i. The defendants have admitted their guilt and clearly accepted responsibility for their actions, and have assisted authorities in the investigation or prosecution of their own misconduct by timely notifying authorities of their intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for trial and permitting the Government and the Court to allocate their resources efficiently. Therefore, they are entitled to a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. The Government, at the time of sentencing, will file a written motion with the Court to that effect, unless the defendants (1) fail to abide by all of the terms and conditions of this plea agreement and their pretrial release; or (2) attempt to withdraw their guilty pleas, violate the law, or otherwise engage in conduct inconsistent with their acceptance of responsibility;
j. There i...
