Sam4219Join Date: 2016-07-31
Post Count: 147 |
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEVADA
United States,
Prosecutor,
v.
PatriotInferno
Defendant.
Plea Agreement
Sam4219, Solicitor General and, defendant PatriotInferno, pursuant to Rule 11(e) of the Federal Rules of Criminal Procedures, have entered into an agreement, the terms and conditions of which are as follows:
General Provisions
1. The defendant, PatriotInferno pursuant to Rule 11(e)(1)(A), agrees to plead guilty to a Criminal Information filed herewith. The Criminal Information charges the defendant with Use of Army as Posse Comitatus, in violation of Title 18, Section 1385, United States Code.
2. The defendant agrees that pending sentencing in this matter he will not seek release from detention.
Sentencing
3. Pursuant to Rule 11(e)(1)(B), the parties stipulate and agree that the correct application of the United States Sentencing Guidelines is as follows:
4. The sentence for the violation of Title 18, United States Code, Section 250 is time-served in pretrial detention.
5. The defendant hereby agrees to have time served in pretrial detention and be released immediately.
6. The defendant is aware that 18 U.S.C. Section 3742 affords a defendant the right to appeal the sentence imposed. Acknowledging all this, the defendant knowingly waives the right to appeal any sentence up to and including twenty years’ imprisonment, or the manner in which that sentence was determined, on the grounds set forth in 18 U.S.C. Section 3742 or on any ground whatever, in exchange for the concessions made by the United States in this plea agreement. This agreement does not affect the rights or obligations of the United States to appeal as set forth in 18 U.S.C. Section 3742(b).
Waiver of Rights
7. The defendant represents to the Court that the defendant is satisfied that his attorneys have rendered effective assistance. The defendant understands that by entering into this agreement, the defendant surrenders certain rights as provided in this agreement.
Terms of Cooperation
8. The defendant agrees to cooperate fully, truthfully and completely with the United States, and provide all information known to the defendant. A failure to cooperate fully, truthfully and completely is a breach of this plea agreement, as determined by the Court. The defendant acknowledges that he has been advised that the United States will not seek a downward departure from the applicable sentencing guidelines, or from the sentence imposed, pursuant to Section 5K of the Sentencing Guidelines, Title 18 U.S.C. Section 3553(e), or Rule 35(b) of the Federal Rules of Criminal Procedure, in respect to the defendant’s cooperation. In regard to that cooperation.
Breach of Plea Agreement
9. Any alleged breach of this agreement by either party shall be determined by the Court in an appropriate proceeding at which the defendant’s disclosures and documentary evidence shall be admissible and at which the moving party shall be required to establish a breach of the plea agreement by a preponderance of the evidence.
10. If the defendant fails in any way to fulfill completely all of the obligations under this plea agreement, including but not limited to his candid, forthright, truthful and complete cooperation, the United States may seek release from any or all its obligations under this plea agreement. If released from its obligations under this plea agreement, the United States may prosecute the defendant to the full extent of the law. The defendant agrees that any prosecution and sentencing subsequent to a breach of this plea agreement is not barred by the Double Jeopardy Clause of the Constitution or any other Constitutional provision or law or rule and that such rights as he might otherwise have enjoyed under these provisions are hereby waived, except that the defendant may raise any defense or make any claim that he could have raised prior to the entry of the Plea Agreement.
11. If the defendant fails to fulfill his obligations under this plea agreement, and the matter proceeds to trial, the defendant understands and agrees that any statements he makes pursuant to or associated with this plea agreement, including but not limited to the Statement of Facts submitted in connection with this plea agreement and such statements as the defendant makes during the debriefing process, are admissible if offered by the Government at pre-trial proceedings and/or at trial and may be used for any purpose. Defendant shall assert no claim under the United States Constitution, any statute, Rule 410 of the Federal Rules of Evidence, Rule 11(e)(6) of the Federal Rules of Criminal Procedure, or any other federal rule, that defendant’s statements pursuant to this agreement should be suppressed or are inadmissible, except on relevancy grounds.
Concluding Representations
12. This written agreement constitutes the complete plea agreement between the United States, the defendant, and the defendant’s counsel. The United States has made no promises or representations except as set forth in writing in this plea agreement.
13. The defendant acknowledges that no threats have been made against the defendant and that the defendant is pleading guilty freely and voluntarily because the defendant is guilty. Any modification of this plea agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement signed by all parties.
14. Upon the signature of the Solicitor General, the defendant and the Presiding Judge shall this plea agreement go into full effect under Rule 11(e) of the Federal Rules of Criminal Procedure.
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