Professional Documents
Culture Documents
1 NICOLA T. HANNA
United States Attorney
2 PATRICK R. FITZGERALD
Assistant United States Attorney
3 Chief, National Security Division
ANNAMARTINE SALICK (Cal. Bar No. 309254)
4 ROBYN K. BACON (Cal. Bar No. 251048)
Assistant United States Attorneys
5 Terrorism and Export Crimes Section
1500 United States Courthouse
6 312 North Spring Street
Los Angeles, California 90012
7 Telephone: (213) 894-3424
Facsimile: (213) 894-2927
8 E-mail: Annamartine.Salick2@usdoj.gov
18 Defendant.
19
2 provided by the Court, appear and plead guilty to count one of the
8 in this agreement.
10 for service of sentence, obey all conditions of any bond, and obey
24 and 1227, or similar, which would permit the Court to order that
27 immigration laws of the United States and waives the right to notice
2
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19 assist DHS-ICE in the execution of his removal shall breach his plea
26 in this agreement.
3
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3 U.S.S.G. § 3E1.1.
5 the nature of the benefit to the United States that defendant has
20 PENALTIES
22 that the Court can impose for a violation of Title 18, United States
4
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25 certificate of naturalization.
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5
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13 that, even absent the entry of a judicial removal order, the felony
18 defendant’s attorney also may not be able to, advise defendant fully
24 FACTUAL BASIS
27 and the USAO agree to the statement of facts provided below and agree
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13 material matters that were not true and that he did not believe to be
14 true.
17 Form N-400, including at least the following: (1) that defendant was
28 well knew, the following facts were true: (1) defendant was arrested,
7
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7 “Shabiba” cell of the PLO, an informal group that supported the PLO;
12 SENTENCING FACTORS
16 under the Sentencing Guidelines, and the other sentencing factors set
21 Sentencing Guidelines and the other § 3553(a) factors, the Court will
24 conviction.
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8
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8 met and if defendant has not committed, and refrains from committing,
11 defendant and the USAO agree not to seek, argue, or suggest in any
19 the meaning of U.S.S.G. § 3C1.1, the USAO would be free to seek the
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1U.S.S.G. § 2L2.2(4)(A) provides, “If the defendant committed
26 any part of the instant offense to conceal the defendant’s membership
in, or authority over, a military, paramilitary, or police
27 organization that was involved in a serious human rights offense
during the period in which the defendant was such a member or had
28 such authority increase by 2 levels. If the resulting offense is
less than 13, increase to level 13.” (Emphasis original).
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3 15. Defendant and the USAO reserve the right to argue for a
21 against defendant.
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10
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10 but is not limited to, arguments that the statute to which defendant
20 imposed by the Court; (c) the fine imposed by the Court, provided it
27 set forth in General Orders 318, 01-05, and/or 05-02 of this Court;
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2 3583(d).
13 guilty.
14 20. The USAO agrees that, provided (a) all portions of the
17 months, the USAO gives up its right to appeal any portion of the
18 sentence.
23 claim and finding that entry into this plea agreement was
25 obligations under this agreement; and (b) should the USAO choose to
26 pursue any charge that was either dismissed or not filed as a result
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2 (ii) defendant waives and gives up all defenses based on the statute
4 trial claim with respect to any such action, except to the extent
6 agreement.
11 BREACH OF AGREEMENT
21 If the USAO declares this agreement breached, and the Court finds
24 be able to withdraw the guilty plea, and (b) the USAO will be
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2 then:
8 speedy trial claim with respect to any such action, except to the
12 defendant, under oath, at the guilty plea hearing (if such a hearing
14 statement in this agreement; and (iii) any evidence derived from such
16 against defendant, and defendant waives and gives up any claim under
17 the United States Constitution, any statute, Rule 410 of the Federal
21 inadmissible.
23 25. Defendant understands that the Court and the United States
24 Probation Office are not parties to this agreement and need not
27 26. Defendant understands that both defendant and the USAO are
14
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1 to the United States Probation Office and the Court, (b) correct any
6 error, although each party agrees to maintain its view that the
8 case. While this paragraph permits both the USAO and defendant to
10 Probation Office and the Court, even if that factual information may
12 this paragraph does not affect defendant’s and the USAO’s obligations
16 different from those agreed to, and/or imposes any sentence up to the
24 NO ADDITIONAL AGREEMENTS
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6 entire agreement had been read into the record of the proceeding.
10 NICOLA T. HANNA
United States Attorney
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12 1/13/19
/s/
13 ANNAMARTINE SALICK Date
Assistant United States Attorney
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