Professional Documents
Culture Documents
Pg ID 48
3Z
AMERICA,
Plaintiff,
Defendant.
RULE
Pursuant to Rule
1l ofthe
11
PLEA AGREEMENT
Federal Rules
1.
GUILTY PLEA
A.
Count of Convicti on
will
count one of the indictment, which charges him with possession of child pornography
involving
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violation of Title 18, United States Code, Sections 2252A(a)(5) and (b)(2).
B.
Elements of Offense
(l)
ofa minor
engaged in
C.
The parties agree that the following facts are true, and are a sufficient basis for
defendant's guilty plea.
THOMAS
RANZENBERGER knowingly possessed child pornography, as defined in
18 U.S.C. I 2256, involving a prepubescent minor or a minor who had not
attained 12 years of age, on his computers and disks in Mount Pleasant,
Michigan. RANZENBERGER had obtained the child pomography images
by downloading them from the Intemet to his computers.
2
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2.
SENTENCINGGUIDELINES
A.
Standard ofProof
The courl
B.
higher than reflected on the attached worksheets, or (b) that the offense level
should be higher because, after pleading guilty, defendant made any false
statement to or withheld information from his probation officer; committed a new
offense; otherwise demonstrated a lack of acceptance of responsibility for his
However, ifthe court finds that defendant is a repeat and dangerous sex
offender as defined under the sentencing guidelines or other federal law, and that
4
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finding is not already reflected in the attached worksheets, this paragraph does not
authorize a corresponding increase in the agreed range of the parties.
Based on the present circumstances, the U.S. Attomey recommends that
defendant be granted a reduction
acceptance ofresponsibility.
The U.S. Attomey may recommend against giving defendant credit for acceptance
of responsibility if , after the guilty plea has been entered, the U.S. Attomey's office
learns of information inconsistent with the adjustment.
Additionally, the U.S. Attorney agrees that defendant has assisted the
authorities, within the meaning of USSG S3E1.1(b), in the prosecution
of
guilty, thereby permitting the govemment to avoid preparing for trial and permitting
the government and the
cou
efficiently.
The U.S.
Attorney therefore moves that defendant be granted a third level reduction for
acceptance of responsibility.
Neither party may take a position conceming the applicable guidelines that is
different from that in the attached worksheets, except as necessary to the court's
determination regarding defendant's criminal history, acceptance of responsibility,
and obstruction
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3.
SENTENCE
The court
will
A.
Imprisonment
of
imprisonment in this case may not exceed the top, and may not fall below the
bottom, ofthe sentencing guideline range as determined by paragraph 28 ofthis
agreement.
B.
Supervised Release
C.S
pecial Assessment
D.
Fine
of
E.
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Restitution
court
will
determine who the victims are and the amounts of restitution they are
owed.
4.
OTHER
A.
name, residence address, and the names and addresses of any place where
defendant is or
will
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advised and understands that failure to comply with these obligations subjects
defendant to prosecution for failure to register under federal law,
l8 U.S.C. S 2250,
B.
Forfeiture
forfeit, and agrees to forfeit without contest, any visual depiction described in
18 U.S.C. SS 2251, 2251A, or
periodical, film, videotape, or other matter which contains any such visual depiction,
Pg ID 56
agency relative to any Subject Property. Defendant agrees not to contest, and
agrees not to assist anyone else in contesting, any non-judicial and/orjudicial
of
conviction and the Subject Property and that the Subject Property is forfeitable to the
United States pursuant to 1 8 U.S.C. g 2253.
Defendant agrees to the entry ofone or more orders offorfeiture ofhis
interests in the Subject Property, including the Court's prompt entry of a Preliminary
United States, incorporating the above referenced forfeiture ofthe Subject Property
as mandated by Fed. R.
of Forfeiture shall become final as to defendant at the time it is entered by the court.
Defendant further agrees to hold the United States, its agents and employees
harmless from any claims whatsoever in connection with the seizure and forfeiture
of
will
whatever steps are necessary to deliver clear title to the Subject Property to the
United States and will execute such legal documents as may be required to transfer
9
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title to the United States and by taking whatever steps are necessary to ensure that the
Subject Property is not sold, disbursed, hidden, wasted or otherwise made
unavailable for forfeiture. Ifany other person or entity has or claims any interest in
such property, defendant
will
In entering into this agreement, defendant expressly waives his right to have a
as provided
by
failure by the Court to advise him of this, pursuant to Fed. R. Crim. P. 11(b)(1)(J) or
otherwise, at the change-of-plea hearing.
Defendant waives the requirements of Federal Rule of Criminal Procedure
32.2 and 43(a) regarding notice of the forfeiture in the charging instrument,
pronouncement of forfeiture at sentencing, and incorporation of forfeiture in the
t0
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judgment.
5.
OTHER CTIARGES
If
charges against defendant based on any of the conduct reflected in the attached
6.
correct guideline range to be less than that to which the parties have stipulated.
Defendant may withdraw from this agreement, and may withdraw his guilty
plea,
this agreement. This is the only reason for which defendant may withdraw from this
agreement.
provision, the sentence that the court imposes may be greater than that allowed by
this agreement.
7.
APPEAL WAIVER
The defendant waives any right he may have to appeal his conviction on any
grounds.
If the defendant's
the defendant also waives any right he may have to appeal his sentence on any
ll
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government waives any right it may have to appeal the defendant's sentence.
8.
If
if any conviction
entered pursuant to this agreement is vacated or set aside for any reason, any
charges dismissed pursuant to this agreement and additional charges which relate
directly or indirectly to the conduct underlying the guilty plea or to any conduct
reflected in the attached worksheets, may be filed against defendant within six
months after the order vacating defendant's conviction or allowing him to withdraw
his guilty plea becomes final. Defendant waives his right to challenge the additional
charges on the ground that they were not filed in a timely manner, including any
claim that they were filed after the limitations period expired.
9.
PARTIES TO PLEAAGREEMENT
Unless otherwise indicated, this agreement does not bind any government
agency except the U. S. Attorney's Office for the Eastem District of Michigan.
12
10.
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SCOPEOFPLEAAGREEMENT
This agreement, which includes all documents that it explicitly incorporates, is
the complete agreement between the parties. Except as provided in the next
paragraph, this agreement supersedes all other promises and agreements made at any
time between the parties conceming the subject matter of this plea agreement before
the guilty plea is entered in court. Thus, no oral or written promises made by the
government to defendant or to the attomey for the defendant before defendant pleads
guilty are binding unless they have been explicitly incorporated into this agreement.
However, unless expressly stated herein, this agreement does not supersede or
abrogate the terms of any cooperation agreement between the parties, and each party
retains whatever obligations and protections that exist under such cooperation
agreement. Similarly, unless expressly stated herein, this agreement does not
supersede or abrogate the terms of any proffer letter (often referred to as a "Kastigar
which also provided defendant certain protections in the form of agreed upon
restrictions on the govemment's ability to use the information provided. Unless
expressly stated herein, the terms and conditions ofany such proffer letter remain
l3
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operative and binding on the parties according to the terms ofthat proffer letter.
This agreement also does not prevent any civil or administrative actions
against defendant, or any forfeiture claim against any property, by the United States
11.
ACKNOWLEDGMENT
Defendant understands that a felony conviction makes it illegal under most
12.
of the United States Attorney by 5:00 P.M. on September 9,2076. The government
reseryes the right to modify or revoke this offer at any time before defendant pleads
guilty.
ry
FOT( CRAIG F.
Barbara L. McQuade
United States Attomey
ANCA
Ass
U.S.
ttomey
Date:
By signing below, defendant acknowledges having read (or been read) this
entire document, understanding it, and agreeing to its terms. Defendant also
14
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a,/4,
^ a @O
ffi-ffiflRjF
Date: 1.zr.
MARKTHOMA
Defendant
tr,
15
ER
Defendant;
Docket No.
MARKT. RANZENBERGER
Count:
Statute(s):
l6-cR-20389
Pg ID 63
18
usc
$$ 22s24(a)(s)
& (bX2)
1.
Description
Guidelinc Scetion
LeveIs
2c2.2(a)(1)
2G2.2(b) (2)
Material involved
2G2.2(b)(4)
Sadistic material
+4
2c2.2(b)(6)
Use of computer
+2
2c2.2(b)(1)(p)
+5
2G1.2(b) (s)
+5
2.
prepubescent minor
18
-La
Guideline Section
Descriptiotr
A-l
Levels
Defendant:
Docket No.:
3.
MARK T. RANZENBERGER
Count:
Statute(s):
16-CR-20389
Pg ID 64
18
usc
$$ 22s2A(a)(s)
& (b)Q)
ADJUSTED OmTNSELBVEL
Enter the sum of the offense levels entered in Items I and2. If this Worksheet A does
not cover every count of conviction (taking into account relevant conduct and treating
each stipulated offense as a separate count of conviction), complete one or more
additional Worksheets A and a single Worksheet B.
{.{c**{.*,8*
the defendant has no criminal history, checlc this box and skip Worksheet C.
A-2
36
Defendant:
Docket No.:
MARKT. RANZENBERGER
16-CR-20389
Count:
Statute(s):
Pg ID 65
18
usc
$$ 22s2A(a)(s)
& (bX2)
Crroup the counts of conviction into distinct Groups of Ciosely Related Counts. "All
counts involving substantially the same harm shall be grouped together into a single
Group." (,See U.S.S.G. $ 3D1.2.)
Determine the offense level applicable to each Group. (See U.S.S.G. $ 3D1.3.)
Determine the combined offense level by assigning "units" to each Group as follows (see
u.s.s.G. $ 3D1.4):
assign 1 unit to the Group with the highest offense level,
assign 1 unit to each additional Group that is equally serious as, or 1 to 4 levels
less serious than, the Group with the highest offense level,
assigr. lz unit to each Group that is 5 to 8 levels less serious than the Group with the
highest offense level,
assign no units to each Group that is 9 or more levels less serious than the Group
with the highest offense level.
1.
2.
unlt
unit
ADrusrED OprBNssLsvrL
4. GnourFoun: CouNr(s)
Aprusrrt OrruNsBLsvnL
unit
5. TorAr UI.ITS
units
B-1
Defendant:
Docket No.:
6.
MARKT. RANZENBERGER
16-CR-20389
IucnrasB
Cou4t:
Statute(s):
18
usc
$$ 22s2A(a)(s)
rN OTTFENSE LEvEL
Anrusrsn
8.
CoursrNlrr AOJUSTED
OFF'ENSE
LEVEL
B-2
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&(b)(2)
Defendant:
Docket No.:
MARKT. RANZENBERGER
Count:
Statute(s):
l6-cR-20389
Pg ID 67
i8 usc
$$ 22s24(a)(s)
& (b)(2)
1.
PRIORSENIENCBS
3 POINTS
fU.S.S.G. $$ 4A1.1(a)):
Enter 3 points for each prior adult sentence
of imprisonment exceeding
one year and one month that either (1) was imposed within 15 years
of the defendant's commencement of the instant offenses (taking into account
relevant conduct and stipulated offenses) or (2) resulted in the defendant's
confinement during any part of that 15-year period. (See U.S.S.G. $$
4 A1.r(a),aA1.2(d)(1), (eX1).)
Prior Sentence of lmprisonment of at Least 60 Davs
ru.s.s.G.
E6
2 POINTS
4A1.1ft)):
Enter 2 points for each prior sentence of imprisonment ofat least 60 days not
counted under U.S.S.G. $ 4A1.1(a) that either (1) resulted from an offense
committed after the defendant tumed 18 and was imposed within 10 years of
the defendant's commencement of the instant offense (taking into account
c-1
l POINT
I
I
Defendant:
Docket No.:
MARK T. RANZENBERGER
16-CR-20389
Count:
Statute(s):
Date of
Imposition
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18
usc
$$ zzszA(a)(s)
& (bX2)
Release
Status*
Offense
Sentence
Date**
Points
I
I
Ir
I
I
I
I
c-2
Defendant:
Docket No.:
2
MARK T. RANZENBERGER
Count:
Statute(s):
16-CR-20389
Pg ID 69
18
usc
$$ 22s2A(a)(5)
& (b)(2)
(u.s.s.G. s 4A1.1(d)
Enter 2 points
if
3.
Enter 1 point fol each prior sentence resulting from a conviction for a crime
of violence that did not receive any points under U.S.S.G. $ 4A1 . 1(a), (b), or
(c) because such sentence was considered related to another sentence
resulting from a conviction for a crime ofviolence. But enter no points where
the sentences are considered related because the offenses occurred on the
same occasion. (,See U.S.S,G. $$ aAl.1(e), 4A1.2(p).) Identifu the crimes
of violence and briefly explain why the cases are considered related. NOTE:
No -more than 3 points may be added under this item.
4
5.
0-1
il
2-3
4-6
III
7-9
IV
l0-12
\T
>13
c-3
Defendant:
Docket No.:
MARKT. RANZENBERGER
16-CR-20389
Count:
Statute(s):
Pg ID 70
18
usc
$$ 2zszA(a)(s)
& (b)(z)
3.
Torar-OpTBNSELEvEL
Enter the difference between Items 1 and 2.
4.
36
1J
CruTmuar,IIrsToRYCATEGORY
Enter "I" if the defendant has no criminal history. Otherwise, enter the
criminal history category entered in Item 6 of Worksheet C.
Lrvnr.nroon/Anuen CAIEER
CRlm.rALiDANGERous Spx OrruNonR (U.S.S.G. cn. 4, rr. B)
CAREER OFTENDER/CFmm.IAL
5.
a.
If
b. Criminal History
135168
months
D-1
Defendant:
Docket No.:
7
MARK T. RANZENBERGER
16-CR-20389
Count:
Statute(s):
Pg ID 71
I
t8
usc
$$ 2252A(a)(s)
& (b)(2)
If
D-2
Defendant:
Docket No.:
MARKT. RANZENBERGER
16-CR-20389
Countl
Statute(s):
Pg ID 72
l
18
usc
$$ 22s2A(a)(s)
& (b)(2)
a.
x
3.
zero months).
Probation is authorized by the guidelines, provided the court imposes a
condition
or
combination
of
a.
b.
3.
E-1
Defendant:
Docl<ct No.:
4,
MARKT. RANZENBERGER
16-CR-20389
Count:
Statute(s):
Pg ID 73
18
usc
$$ 22s24(a)(s)
&(b)(2)
a.
5.
REsrrrurroN (U.S.S.G.
1.
2.
5E1.1)
The court must order ful1 restitution to the victim(s) of the offense(s) of
conviction, (See 18 U.S.C. $S 3556,3663A,3664.) The court will determine
who the victims are and their restifution amounts.
The court must order fuIl restitution to the victim(s) of the offense(s) of
conviction. (See 18 U.S.C. $$ 3556,3663A,3664)Theparties agree that fu1l
restitution is $
E-2
Defendant:
Docket No.
Count:
Statute(s):
18
usc
$$ 22s24(a)$)
a @)Q)
3.
The parties agree that the cotttmay order restitution to the victim(s) ofthe offense(s)
of conviction in any amount up to and including $
(See 18 U.s.C. $$ 3663(a)(3),366a.)
The parties agree that the court may also order restitution to pel'sons other than the
victim(s) of the offense(s) of conviction in any amount up to and including
(See 18 u.S.C. $$ 3663(a)(1)(A), 3663A(a)(3),366a.)
5.
6
MARKT. RANZENBERGER
16-CR-20389
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rDrE (U.S.S.G.
a.
5E1.2)
The court must impose a fine unless "the defendant establishes that he [or she] is
unable to pay and is not likely to become able to pay any frne." (,9ee U.S.S.G. $
581.2(a).) Generally, the fine authorized by the guidelines is limited to the range
established in the Fine Table. (See U.S.S.G. $ 5E1.2(b).) However, there are
exceptions to this general ru1e. (See U.S.S.G. $ 5E1.2(b), (cX4).)
b.
MinimumFine
Maximum Fine
$$-a00_
250 000
E-3
Defendant:
Docket No.:
7
MARK T. RANZENBERGER
Count:
Statute(s):
16-CR-20389
Pg ID 75
.
.
.
.
The defendant must pay a special assessment or special assessments in the total amount
of $ 100
8.
will
be forfeited.
will not
I0.
E-4