Common use of Agreed Guidelines Applications Clause in Contracts

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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.1, which provides for a base offense level of 30; the government agrees to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense. d. The defendant has admitted her guilt and clearly accepted responsibility for her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of 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, 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 her pretrial release; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her 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 her 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 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 her plea of guilty; g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. 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 i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that she will make during her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this 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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 which provides c. The applicability of other Guideline provisions which would either increase or decrease the Defendant’s sentence, including but not limited to, role in the offense, relevant conduct, § 5C1.2 and 2B1.1Criminal History Category, which provides for a base offense level will be determined by the Court after completion of 30; the government agrees to pre-sentence investigation by the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.United Stated Probation Office; d. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions, and has assisted authorities in the investigation or prosecution of her his own misconduct by timely notifying authorities of her 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, she he is entitled to a three3-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 defendant: (1) fails to abide by all of the terms and conditions of this plea agreement and her his pretrial release; or (2) attempts to withdraw her his guilty pleasplea[s], violates the law, or otherwise engages in conduct inconsistent with her his 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 her his 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 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 paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw her his plea of guilty; g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and the defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office Office, and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”. The government further agrees not to oppose a sentence at the low end of the guideline range; h. 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 i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this 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 Manual is section for Count One of the one indictment is 1. The parties agree that took effect on September 15, 2009the Court will determine the defendant’s offense level; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.1, which provides for a base offense level of 30; the government agrees to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense. d. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions, and has assisted authorities in the investigation or prosecution of her his own misconduct by timely notifying authorities of her 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, she 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 her his pretrial release; or (2) attempts to withdraw her his guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her his acceptance of responsibility; e. d. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine her his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office; f. 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 provided the defendant with a basis to withdraw her his plea of guilty; g. f. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. g. 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 i. h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this 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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.12H1.1, which provides for a base offense level of 30; the government agrees 6; c. The defendant is subject to the application a specific offense characteristic enhancement under § 2H1.1(b)(1) of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.6 levels; d. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions, and has assisted authorities in the investigation or prosecution of her his own misconduct by timely notifying authorities of her 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, she he is entitled to a three2-level reduction pursuant to § 3E1.1(b3E1.1(a) 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 her pretrial release; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibility; e. There is no agreement between the parties regarding the The defendant’s criminal history category. category is Category I. The parties agree that the Court will determine her his 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 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 paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw her his plea of guilty; g. The United States agrees not to seek an upward departure from defendant understands that the Guidelines or a Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range, and defendant agrees to range that is not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. “unreasonable.” The agreement by the parties Government not to not seek a upward departure from the Guidelines is not binding upon the Court or the United States Probation Office Office, and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. 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 i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this 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 However, if the Court may accepts this Rule 11(c)(1)(C) plea agreement, the Court is bound to impose a sentence that is either above or below the defendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable”agreed to by the parties, as set forth in paragraph 6 above; b. The applicable Guidelines Manual is the one that took effect on September 15November 1, 20092015; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.12D1.8, which provides that U.S.S.G. § 2D1.1 is applicable and provides for a base offense level of 30; the government agrees to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.12; d. The parties agree that there will be a 2-level increase under § 3A1.1(b)(1); e. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions. Consequently, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of 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, she he is entitled to a three2-level reduction pursuant to § 3E1.1(b3E1.1(a) 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 her pretrial release; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibility; e. There is no agreement between the parties regarding the f. The defendant’s criminal history category. The parties agree that the Court will determine her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Officeis a VI; f. g. The defendant understands that the estimate of the parties with respect to the estimated Guidelines computation calculations 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 Court’s determination 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 her plea of guiltyapplicable advisory Guidelines; g. h. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, defendant and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office confirm that the agreed sentence in paragraph 6 above is both reasonable and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. i. 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 i. j. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this 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 Manual is the one that took effect on September 15November 1, 20092007; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.1, which provides for a base offense level of 30; 6; d. The government will contend that the applicable loss amount is greater than $120,000.00 but less than $200,000.00. Defendant may contest the estimated loss amount asserted by the government agrees to in the application loss amount proposed by the Presentence Report at sentencing; e. The Government will concur with any additional special offense characteristics proposed by the Presentence Investigation Report. Defendant may contest such additional proposed enhancements at the time of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.sentencing; d. f. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions, and has assisted authorities in the investigation or prosecution of her his own misconduct by timely notifying authorities of her 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, she he is entitled to a two or three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines. ; g. The Government, at parties agree that defendant qualifies for a 3-level reduction as a minimal minor participant in the time of sentencing, will file a written motion with the Court to that effect, unless the defendant (1) fails to abide by all overall conspiracy as defined in Section 3B1.2 of the terms and conditions of this plea agreement and her pretrial release; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibilityGuidelines; e. There is no agreement between the parties regarding the defendant’s criminal history category. h. The parties agree that the Court will determine her his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office; f. i. The United States agrees not to seek an upward departure from the Guidelines or a sentence beyond the low end of the applicable advisory Guidelines range. Defendant may argue for imposition of a reasonable sentence range either within or outside the advisory Guidelines range. Defendant retains the right to file any applicable downward departure motions. This agreement by the parties is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; j. 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 her his plea of guilty; g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. k. The defendant consents to judicial fact-finding by a preponderance of the evidence for all of any contested issues pertaining to the determination of the defendant’s sentence, including sentence under 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 maximumUnited States Sentencing Guidelines. 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 indictmentIndictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentencesentence under the Guidelines, may consider any reliable information, including hearsay; and i. l. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 and 4 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this 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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.1' 2L2.1(a), which provides for a base offense level of 30; 11; c. The defendant is subject to a 9-level enhancement for the government agrees offense involving more than 100 identity documents pursuant to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.U.S.S.G. § 2L2.1(b)(2)(C); d. The defendant is subject to a 4-level enhancement for being an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive pursuant to U.S.S.G. § 3B1.1(a); e. The defendant has admitted her guilt and clearly accepted responsibility for her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of 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, 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 she (1) fails to abide by all of the terms and conditions of this plea agreement and her pretrial releaseagreement; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibility; e. There is no agreement between the parties regarding the defendant’s criminal history category. f. The parties agree that the Court will determine her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office; f. g. 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 her plea of guilty; g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. 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 i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that she will make during her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this 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 Manual is the one that took effect on September 15November 1, 20092007; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.1, which provides for a base offense level of 30; the government agrees to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.6; d. The government maintains that the applicable loss figure is more than $120,000.00 but less than $200,000.00. Defendant may contest either the government’s asserted loss estimate or the loss amount figure proposed by the Presentence Report at sentencing; e. The parties do not request or recommend an abuse of trust or special skill enhancement, but recognize this agreement is not binding upon the Court or the United States Probation Office. The Government will concur with any additional special offense characteristics proposed by the Presentence Investigation Report. Defendant may also contest such additional proposed enhancements at the time of sentencing; f. The defendant has admitted her guilt and clearly accepted responsibility for her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of 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, 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 her pretrial release; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibility; e. There is no agreement between the parties regarding the defendant’s criminal history category. g. The parties agree that the Court will determine her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office; f. h. The United States agrees not to seek an upward departure from the Guidelines or a sentence beyond the low end of the applicable advisory Guidelines range. Defendant, however, may argue for imposition of a reasonable sentence range either within or outside the advisory Guidelines range. Defendant also retains the right to file any applicable downward departure motions. This agreement by the parties is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; i. 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 her plea of guilty; g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. j. The defendant consents to judicial fact-finding by a preponderance of the evidence for all of any contested issues pertaining to the determination of the defendant’s sentence, including sentence under 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 maximumUnited States Sentencing Guidelines. 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 indictmentIndictment. The defendant also agrees that the Court, in finding the facts relevant to the imposition of sentencesentence under the Guidelines, may consider any reliable information, including hearsay; and i. k. The defendant understands and agrees that the factual admissions contained in Paragraph Paragraphs 3 and 4 of this plea agreement, and any admissions that she will make during her plea colloquy, support the imposition of the agreed-upon agreed Guidelines calculations contained in this 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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction Count 1 is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.1, which provides for a base offense level of 30; 6; c. Pursuant to U.S.S.G. § 3B1.2, a 3-level reduction applies, because the government agrees defendant was somewhere between being a minor and a minimal participant as to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor conspiracy charged in this offensethe information. d. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions, and has assisted authorities in the investigation or prosecution of her his own misconduct by timely notifying authorities of her 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, she he is entitled to a three3-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 agreement, any supplement thereto, and her his pretrial release; or (2) attempts to withdraw her his guilty pleasplea, violates the law, or otherwise engages in conduct inconsistent with her his acceptance of responsibility;. e. There is no agreement between the parties regarding the defendant’s The defendant appears to have a criminal history category. category of I. The parties agree that the Court will determine her his 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 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 paragraph 9 of this plea agreement, provide the defendant with a basis to withdraw her his plea of guilty;. g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range. The defendant remains free to argue for any sentence authorized by law, and defendant agrees to not seek including a downward departure from the Guidelines or a sentence outside variance from the Guidelines range. The agreement by the parties Government to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable.”; h. 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. i. The defendant understands and agrees that the factual admissions contained in Paragraph paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-agreed upon Guidelines calculations contained in this 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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.1, which provides for a base offense level of 30; 7; c. There is a 4 level enhancement pursuant to U.S.S.G §2B1.1(b)(1)(C) because the government agrees to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.amount involved exceeded $10,000; d. There is a 2 level enhancement pursuant to U.S.S.G §31B1.3 because the defendant abuse his position of trust as a police officer in a manner that significantly facility his offense; e. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions. Consequently, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of 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, she he is entitled to a threetwo-level reduction pursuant to § 3E1.1(b3E1.1(a) 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 her pretrial release; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibility; e. f. There is no agreement between the parties regarding the defendant’s criminal history category. The parties agree that the Court will determine her his applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office; f. g. 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 her his plea of guilty; g. h. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to government not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. i. 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, i. j. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.

Agreed Guidelines Applications. With respect to the application of the Sentencing Guidelines to this case, the parties stipulate and agree as follows: a. 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 defendantDefendant’s applicable Guidelines range, provided the sentence imposed is not “unreasonable;”; b. The applicable Guidelines Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense B. For violation of conviction is U.S.S.G. 22 U.S.C. §§ 2D1.1612 and 618 (the Foreign Agents Registration Act), 2S1.1 and 2B1.1no offense Guideline has been expressly promulgated, which provides for a base offense level and, pursuant to U.S.S.G. § 2X5.1 under the circumstances of 30this case, the provisions of 18 U.S.C. § 3553 shall control; the government agrees to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.DEFENDANT INITIALS: A.A.E. d. The defendant ▇. ▇▇▇▇▇▇▇▇▇ has admitted her his guilt and clearly accepted responsibility for her his actions. Consequently, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of 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, she he is entitled to a threetwo-level reduction pursuant to § 3E1.1(b3E1.1(a) 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 her pretrial release; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibility; e. There is no agreement between the parties regarding the defendant▇. ▇▇▇▇▇▇▇▇▇’s criminal history category. category appears to be Category I. The parties agree that the Court will determine her his 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 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 Defendant with a basis to withdraw her his plea of guilty; g. The United States agrees not F. Defendant expressly reserves the right to seek an upward argue for a departure from the Guidelines range, or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside lower than the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and agrees that it will, at sentencing, comment on the Court may impose any statutory sentencing factors, but will not recommend a specific sentence authorized by law, including any sentence outside to the applicable Guidelines range that is not “unreasonable”Court; h. The defendant G. Defendant consents to judicial fact-finding by a preponderance of the evidence for all issues pertaining to the determination of the defendantDefendant’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 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 Defendant also agrees that the Court, in finding the facts relevant to the imposition of sentence, may consider any reliable information, including hearsay; and i. The defendant H. Defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this 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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.12L2.1(a), which provides for a base offense level of 30; 11; c. The defendant is subject to a 9-level enhancement for the government agrees offense involving more than 100 identity documents pursuant to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.U.S.S.G. § 2L2.1(b)(2)(C); d. The defendant is subject to a 4-level enhancement for being an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive pursuant to U.S.S.G. § 3B1.1(a); e. The defendant has admitted her guilt and clearly accepted responsibility for her actions, and has assisted authorities in the investigation or prosecution of her own misconduct by timely notifying authorities of 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, 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 she (1) fails to abide by all of the terms and conditions of this plea agreement and her pretrial releaseagreement; or (2) attempts to withdraw her guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her acceptance of responsibility; e. There is no agreement between the parties regarding the defendant’s criminal history category. f. The parties agree that the Court will determine her applicable criminal history category after receipt of the presentence investigation report prepared by the United States Probation Office; f. g. 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 her plea of guilty; g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. 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 i. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that she will make during her plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this 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 Manual is the one that took effect on September 15, 2009; c. The applicable Guidelines section for the offense of conviction is U.S.S.G. §§ 2D1.1, 2S1.1 and 2B1.12L2.1(a), which provides for a base offense level of 30; 11; c. The defendant is subject to a 9-level enhancement for the government agrees offense involving more than 100 identity documents pursuant to the application of §3B1.2 for a decrease of 3 level for a role between minimal and minor in this offense.U.S.S.G. § 2L2.1(b)(2)(C); d. The defendant has admitted her his guilt and clearly accepted responsibility for her his actions, and has assisted authorities in the investigation or prosecution of her his own misconduct by timely notifying authorities of her 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, she 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 he (1) fails to abide by all of the terms and conditions of this plea agreement and her pretrial releaseagreement; or (2) attempts to withdraw her his guilty pleas, violates the law, or otherwise engages in conduct inconsistent with her his 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 her his 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 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 her his plea of guilty; g. The United States agrees not to seek an upward departure from the Guidelines or a sentence outside the Guidelines range, and defendant agrees to not seek a downward departure from the Guidelines or a sentence outside the Guidelines range. The agreement by the parties to not seek a departure from the Guidelines is not binding upon the Court or the United States Probation Office and the Court may impose any sentence authorized by law, including any sentence outside the applicable Guidelines range that is not “unreasonable”; h. 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 i. h. The defendant understands and agrees that the factual admissions contained in Paragraph 3 of this plea agreement, and any admissions that she he will make during her his plea colloquy, support the imposition of the agreed-upon Guidelines calculations contained in this agreement.