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 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 pleas, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility; j. 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 receipt of the presentence investigation report prepared by the United States Probation Office; k. 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 his plea of guilty; l. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range. The defendant, however, retains his right to seek a downward departure or variance from the Guidelines or a sentence outside the Guidelines range. The parties also agree that the defendant is free to argue to the Court any sentencing factors under 18 U.S.C. §3553 he believes provide a basis for any sentence within the statutory range of punishment; m. Based upon co-defendant I2O’s forfeiture agreements contained in its plea agreement, and the individual plea agreements by co-defendant I2O’s officers, co-defendant ▇▇▇▇ ▇▇▇▇ (President) and the defendant ▇▇▇▇▇▇ ▇▇▇▇ (Secretary), the United States agrees not to seek any fine against the defendants. n. 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 o. 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, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Sources: Plea Agreement
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 defendant has defendants have admitted his their guilt and clearly accepted responsibility for his their actions, and has have assisted authorities in the investigation or prosecution of his their own misconduct by timely notifying authorities of his 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, he is 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 defendant defendants (1) fails fail to abide by all of the terms and conditions of this plea agreement and his their pretrial release; or (2) attempts attempt to withdraw his their guilty pleas, violates violate the law, or otherwise engages engage in conduct inconsistent with his their acceptance of responsibility;
j. There is no agreement between the parties regarding the defendant’s defendants’ criminal history category. The parties agree that the Court will determine his their applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
k. The defendant understands defendants understand 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 defendants with a basis to withdraw his plea their pleas of guilty;
l. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range. The defendantdefendants, however, retains his retain their right to seek a downward departure or variance from the Guidelines or a sentence outside the Guidelines range. The parties also agree that the defendant is defendants are free to argue to the Court any sentencing factors under 18 U.S.C. §3553 he believes they believe provide a basis for any sentence within the statutory range of punishment;
m. Based upon co-defendant Defendant I2O’s forfeiture agreements contained in its this plea agreement, and the individual plea agreements by co-defendant Defendant I2O’s officers, co-defendant ▇▇▇▇ Defendant ▇▇▇▇ (President) and the co-defendant ▇▇▇▇▇▇ ▇▇▇▇ (Secretary), the United States agrees not to seek any fine against the defendants.
n. The defendant consents defendants consent to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant’s defendants’ 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 defendants waive any right to a jury determination beyond a reasonable doubt of all facts used to determine and enhance the sentence imposed, and waives waive any right to have those facts alleged in the indictment. The defendant defendants also agrees agree that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and
o. The defendant understands defendants understand and agrees agree that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that he they will make during his their plea colloquy, support the imposition of the agreed-agreed- upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Sources: Plea Agreement
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)(22B1.1(a)(1), which provides for a base offense level of 6, and a special offense characteristic under U.S.S.G. § 2B1.1(b)(1)(G) of 12, for a total offense level of 18. The parties acknowledge that for sentencing guidelines purposes defendant entered the conspiracy on November 8, 2007 and the loss assessed from that date forward is $393,668.54;
c. The parties agree acknowledge that a six-four level enhancement applies, pursuant to for over 50 victims under U.S.S.G. § 2B1.1(b)(1)(D)2B1.1(b)(2)(B) may apply; however, for loss between $30,000 because defendant was not part of the full conspiracy, the government and defendant may argue a lesser enhancement or no enhancement applies to $70,000 attributable to the defendants’ conduct, which includes any relevant conduct;this defendant.
d. The parties agree acknowledge that either a two level reduction for playing a minor role or a four level reduction for playing a minimal role, under U.S.S.G. § 3B1.2(a) or (b) may apply. The parties acknowledge that a two-two level enhancement applies, pursuant to under U.S.S.G. § 2B1.1(b)(2)(A)(ii)2B1.1(b)(11) for ID theft may apply, for number of victims, as the offense conduct was committed through “mass-marketing,” as described in and a two level enhancement under U.S.S.G. § 2B1.1 comment2B1.1(b)(13) for an offense involving a scheme to steal or to receive a stolen vehicle may apply. (n. 4);
e. The parties agree that a two-level enhancement applies, pursuant each shall be free to U.S.S.G. § 2B1.1(b)(7), for a conviction under 18 U.S.C. § 1037 and argue their respective positions regarding 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 applicability of a “special skill” that significantly facilitated the commission or concealment any of the offense;aforementioned enhancements or reductions or other enhancements or reductions not specifically mentioned herein but found applicable in the presentence report.
i. e. The defendant has admitted his her guilt and clearly accepted responsibility for his her actions, and has assisted authorities in the investigation or prosecution of his her own misconduct by timely notifying authorities of his her 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 she 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 her pretrial release; or (2) attempts to withdraw his guilty pleas, violates the law, or otherwise engages in conduct inconsistent with his acceptance of responsibility;
j. f. The defendant agrees to pay restitution of $6,346.88 to the victims of the specific incidents mentioned in paragraph three of this plea agreement;
g. There is no agreement between the parties regarding the defendant’s =s criminal history category. The parties agree that the Court will determine his her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office;
k. h. 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 his her plea of guilty;
l. i. The agreement by the parties is not binding upon the Court or the United States agrees not to seek an upward departure from Probation Office and the Guidelines or a Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range. The defendant, however, retains his right to seek a downward departure or variance from the Guidelines or a sentence outside the Guidelines range. The parties also agree range that the defendant is free to argue to the Court any sentencing factors under 18 U.S.C. §3553 he believes provide a basis for any sentence within the statutory range of punishmentnot Aunreasonable;
m. Based upon co-defendant I2O’s forfeiture agreements contained in its plea agreement, and the individual plea agreements by co-defendant I2O’s officers, co-defendant ▇▇▇▇ ▇▇▇▇ (President) and the defendant ▇▇▇▇▇▇ ▇▇▇▇ (Secretary), the United States agrees not to seek any fine against the defendants.
n. j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendant’s =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
o. l. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that he she will make during his her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.
Appears in 1 contract
Sources: Plea Agreement