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Count One definition

Count One. Methamphetamine distribution conspiracy: This count involves all the defendants and is based upon Xxxxxxx statements of four defendants, two SOI’s, a cooperating federal defendant, recorded jail calls, other recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures at three search warrants, seizures at three traffic stops, and other corroborating information gathered by investigators. The total conspiracy weight (historical and actual) exceeds 500 grams of methamphetamine.
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Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between XXXXXX and others where either XXXXXX would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant Xxxxx X. Xxxxxx, it includes specific transactions where he obtained from XXXXXX, or was involved with or otherwise had knowledge of others obtaining from XXXXXX, for later distribution to others, at least 100 kilos of marijuana and 500 grams of cocaine. Those “specific transactions” include at least two occasions where Defendant Xxxxx X. Xxxxxx was captured on the wire intercepts discussing with XXXXXX the law enforcement presence and what to do about it, thereby assisting the conspiracy. While the total conspiracy weight (historical and actual) exceeds several kilograms of cocaine, 100 kilograms of marijuana, and more than 50 grams of crack cocaine, Defendant Xxxxx X. Xxxxxx’x involvement could be determined to be below that due to a lower level of involvement in activities or time. Therefore, while the parties agree that Xxxxx X. Xxxxxx’x drug responsibility level cannot be less than a 26, the minimum drug level under U.S.S.G. § 2D1.1 for the drug charge to which he is pleading, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 26.
Sample 1
Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between XXXXXX and others where either XXXXXX would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant XXXXXXXXX, it includes at least five specific transactions where he obtained from XXXXXX, or was involved with or otherwise had knowledge of others obtaining from XXXXXX, for later distribution to others, at least 100 kilos of marijuana and 500 grams of cocaine. While the total conspiracy weight (historical and actual) exceeds several kilograms of cocaine, 1000 kilograms of marijuana, and more than 28 grams of crack cocaine, Defendant XXXXXXXXX’ involvement could be determined to be below that due to a lower level of involvement in activities or time. Therefore, while the parties agree that XXXXXXXXX’ drug level cannot be less than a level 26, the minimum level in 2D1.1 for the charge to which he is pleading, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 26.
Sample 1

Examples of Count One in a sentence

  • Defendant was read in open court Count One of the indictment and provided an explanation of the elements of the offense.

  • Upon questioning, the government presented to this magistrate judge and to defendant a summary of the basis in fact for the offense charged in Count One and the evidence the government had available to establish, in the event defendant elected to go to trial, the defendant’s guilt beyond a reasonable doubt.

  • Defendant will plead guilty because he is in fact guilty of the charge contained in Count One of the indictment.

  • Upon questioning, the defendant expressed his understanding of the maximum penalties prescribed by statute for the offense to which he was pleading guilty, namely: as to Count One, a term of imprisonment not less than ten (10) years and up to a maximum of life; a fine of not more than $20,000,000.00, or both, and a term of supervised release of at least ten years.

  • The defendant indicated that he understood the maximum penalties for Count One and the potential consequences of the guilty plea.

  • Therefore, I recommend that the court accept the guilty plea and that the defendant be adjudged guilty as to Count One of the indictment.

  • The defendant, by consent, appeared before me pursuant to Rule 11 of the Federal Rules of Criminal Procedure, and entered a plea of guilty as to Count One of the indictment.

  • Baldwin Anderson PSR ¶ 22.On June 14, 2011, after two days of trial, Anderson pled guilty to Count One of a twenty- nine count superseding indictment.

  • The defendant agrees to and hereby does plead guilty to Count One of the indictment charging him with a violation of 18 U.S.C. § 371, that is, conspiracy.

  • Count One charges that between January 2007 and April 2010, Nicole Marsh, together with others, violated 18 U.S.C. § 1349 by conspiring to: (a) defraud Gryphon customers and obtain money and property through wire fraud in violation of 18 U.S.C. § 1343; and (b) commit the violation detailed in Count Two.


More Definitions of Count One

Count One. On or about and between November 1, 2005 and the date of the Information, the Defendant did unlawfully take an indeterminate number of migratory birds, including one purple xxxxxx, which died after contact with hydrocarbons contained in an open-topped oil tank operated by the Defendant or its agents in Xxxxxxxx County, in violation of Title 16, United States Code, Sections 703(a) and 707(a).
Sample 1
Count One. Methamphetamine distribution conspiracy: This count involves all the defendants and is based upon Xxxxxxx statements of four defendants, two SOI’s, a cooperating federal defendant, recorded jail calls, other recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures at three search warrants, seizures at three traffic stops, and other corroborating information gathered by investigators. While the total conspiracy weight (historical and actual) exceeds 500 grams of methamphetamine, due to XXXXXX’ limited involvement from a time standpoint, her exposure should be less than the total for the overall conspiracy.
Sample 1
Count One. The defendant admits that on or about August 20, 2008, in the District of Kansas, and elsewhere, for the purpose of executing a scheme and artifice to defraud, and for obtaining money by means of false and fraudulent pretenses and representations, he devised a plan which caused to be transmitted by means of wire communications in interstate commerce, signals and sounds which transferred money belonging to Xxxxxx and/or Juhree Ring in the amount of $70,000.00 from Boston, Massachusetts, to an account in New York, New York, so that the money could be provided to the defendant who represented that he was authorized to withdraw these funds when the defendant knew that this was a lie because Xxxxxx and/or Juhree Ring did not authorize this withdrawal.
Sample 1

Related to Count One

  • Registered Benchmark Administrator for Reference Rate means that the Reference Rate is administered by an administrator who is registered in a register pursuant to Article 36 of the Benchmark Regulation as specified in § 2 of the Product Data.

  • Random selection basis means a mechanism for selection of employees that:

  • Original Benchmark Rate on any day means (subject to § 3(4)) the [1 / 3 / 6 / 12]-month Euro Interbank Offered Rate (expressed as a percentage rate per annum) fixed at, and appearing on the Screen Page as of, 11:00 a.m. (Brussels time) on such day.

  • Election Date has the meaning specified in Section 312(h).

  • Original Reference Rate means the originally-specified benchmark or screen rate (as applicable) used to determine the Rate of Interest (or any component part thereof) on the Notes.

  • Selection Date means, with respect to each New Account, the date on which such New Account is originated.

  • Underlying Reference means as set out in §26(a) above.

  • Underlying Referencek means as set out in §26(a) above.

  • Automatic Route Selection or “ARS” means a service feature associated with a specific grouping of lines that provides for automatic selection of the least expensive or most appropriate transmission facility for each call based on criteria programmed into the system.

  • Mail ballot election means any election that is conducted under Title 13, chapter 19, by mailing

  • Alternative Benchmark Rate means an alternative benchmark or screen rate which is customarily applied in international debt capital markets transactions for the purposes of determining floating rates of interest (or the relevant component part thereof) in the Specified Currency, provided that all determinations will be made by the Independent Adviser in its reasonable discretion.

  • Effective Date of Settlement means: the date on which all of the conditions to settlement set forth in § 2 of this Settlement Agreement have been fully satisfied or waived and the Settlement shall have become Final.

  • Nomination Date as herein used means twenty-fifth (25th) of the month preceding the movement; provided that if the twenty-fifth (25th) of such month falls on a weekend, the date shall be the preceding workday, and further provided that if the twenty-fifth (25th) of such month falls on a holiday the date shall be two (2) workdays prior to the holiday.

  • Settlement Method Election Date With respect to any Settlement of any Transaction, the 2nd Scheduled Trading Day immediately preceding (x) the Valuation Date for such Transaction, in the case of Physical Settlement, or (y) the First Unwind Date for such Transaction, in the case of Cash Settlement or Net Share Settlement.

  • Contractor Selection of Leave Trees means crop and leave trees are unmarked and will be selected by the Contractor.

  • Original Accrual Rate With respect to each Payment Date and any Reference Obligation, the lesser of (i) the related Accounting Net Yield as of the Cut-off Date; and (ii) the related mortgage rate as of the Cut-off Date minus 0.35%.

  • Terms of Reference (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.

  • Underlying Reference Value means, in respect of an Underlying Reference and a SPS Valuation Date, (i) the Underlying Reference Closing Price Value for such Underlying Reference in respect of such SPS Valuation Date (ii) divided by the relevant Underlying Reference Strike Price.

  • Benchmark Determination Date means (a) if the Benchmark is LIBOR, the LIBOR Determination Date, (b) if the Benchmark is Term SOFR, the date that is two Business Days before the first day of the applicable Accrual Period, (c) if the Benchmark is Compounded SOFR, the date that is five Business Days before the last day of the applicable Accrual Period and (d) if the Benchmark is any other rate, the date determined by the Trust according to Section 2.16 of the Indenture.

  • Compounded Daily Reference Rate means, with respect to an Interest Period, the rate of return of a daily compound interest investment in the Specified Currency (with the applicable Reference Rate (as indicated in the relevant Final Terms and further provided for below) as the reference rate for the calculation of interest) and will be calculated by the Calculation Agent on the Interest Determination Date, as follows, and the resulting percentage will be rounded, if necessary, to the fifth decimal place, with 0.000005 being rounded upwards:

  • Settlement Fairness Hearing means the hearing set by the Court under Rule 23(e)(2) of the Federal Rules of Civil Procedure to consider final approval of the Settlement.

  • Reset Reference Rate means, in relation to a Reset Determination Date and subject to Condition 5(b)(iii) and Condition 5(c)(v), if applicable:

  • Account Opening / Investment Account Opening Form means standardized form prescribed by the Management Company to be duly filled by the investors at the time of opening an account with the Fund.

  • NZOC Nomination and Selection Regulation means the regulation of NZOC relation to the nomination and selection Process for all Olympic and Commonwealth games, including the Games.

  • Terms of Reference (TORs) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Procuring Entity and the Consultant, and expected results and deliverables of the assignment.

  • Settlement Hearing means the hearing set by the Court under Rule 23(e)(2) of the Federal Rules of Civil Procedure to consider final approval of the Settlement.

Most Referenced Clauses

Most Referenced Definitions