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Judge Zilly SE ter OT mime 3 O5-CRAW133-PLAGR eo ae a , me UNITED STATES DISTRICT Reet WESTERN DIC OF WASHINGTON UNITED STATES OF AMERICA, NO. CRO5-0133Z Plaintiff, vy, PLEA AGREEMENT CHRISTOPHER W. McINTOSH, Defendant, Come now the United States of America, by and through John McKay. United States Attorney for the Wester District of Washington, and Andrew C. Friedman, Assistant United States Attomey for said District, and the defendant, CHRISTOPHER W. MeINTOSH, and his sttomey, Stephan R. Illa, and enter into the following Agreement, pursuant to Federal Rule of Criminal Procedure 11(c)(1(C): 1. The Charge. Defendant, having been advised of the right to have this matter tried before a jury, agrees to waive that right and enter a plea of guilty to the charge of arson, in violation of Title 18, United States Code, Section 844(i), contained in the Indictment. By entering this plea of guilty, Defendant hercby waives all objections to the form of the charging document. Defendant further understands that, before entering his plea of guilty, Defendant will be placed under oath. Any statement given by Dofendant under oath may be uscd by the government in a prosecution for perjury or false statement. toaen grates arson Zn - 100 Sia ste, Ses PLEA AGREEMUNT/MeINTOSI! (C30S.01382) ~3 Be Sey res Sie ne 2 Elements of the Offense. The elements of the offense of arson as charged in Count 1, in violation of Title 18, United States Code, Section 844(i), are as follows: First, the defendant used fire to damage or destroy a building; Second, the defendant acted maliciously; and ‘Third, the building was used in interstate commerce or in activity affecting interstate commerce. 3. ‘The Penalties. Defendant understands that the statutory penalties for the offense of arson, as charged in Count | are: imprisonment for up to twenty (20) years, a mandatory minimum sentence of five (5) years of imprisonment, a fine of up to two hundred fifty thousand dollars ($250,000.00), a period of supervision following release from prison of up to threc (3) years, and a one-hundred-dollar ($100.00) penalty assessment, Defendant agrees that the penalty assossment shall be paid at or before the time of sentencing. Defendant understands that in addition to any term of imprisonment and/or fine that is imposed, the Court may order Defendant to pay restitution to any victim of the offense, as required by law. Defendant agrccs that any monetary penalty the Court imposes, including the special assessment, fine, costs or restitution, is due and payable immediately, and further agrees to submit a completed Financial Statement of Debtor form as requested by the United States Attorncy’s Office. Defendant understands that supervised release is a period of time following imprisonment during which he will be subject to certain restrictions and requirements. Defendant further understands that if supervised release is imposed and he violates one or more of its conditions, he could be retumed to prison for all or part of the term of supervised release that was originally imposed. This could result in Defendant serving a total term of imprisonment greater than the statutory maximum stated above. 4. Rights Waived by Pleading Guilty. Defendant understands that, by pleading guilty, he knowingly and voluntarily waives the following rights: 8, The right to plead not guilty, and to persist in a plea of not guilty; UNITED STATES ATTORNEY PLEA AGREEMENT/MSINTOSII (CROS-01832) - 2 sro Sea ‘The right to a speedy and public trial before a jury of Defendant's peers; c. The right to the effective assistance of counsel at trial, including, if Defendant could not afford an attorney, the right to have the Court appoint one for Defendant; d, The tight to be presumed innocent until guilt has been established at trial, beyond a reasonable doubt; ¢. The right to confront and cross-examine witnesscs against Defendant at trial; f. The right to compel or subpoena witnesses to appear on Defendant's behalf at trial; g. —_Theright to testify or to remain silent at trial, at which trial such silence could not be used against Defendant; h. The right to appeal a finding of guilt or any pretrial rulings; i, The right, to the extent required by law, to have sentencing factors charged in the Indictment or determined by a jury beyond a reasonable doubt. 5. United States Sentencing Guidelines. Defendant understands and acknowledges that, absent applicable intervening law: a. The United States Sentencing Guidelines, promulgated by the ‘United States Sentencing Commission, are applicable to this casc; b. The Court will determine Defendant's applicable Sentencing Guidelines range at the time of sentencing; and ¢. Except es provided in Paragraph 9 below, Defendant may not withdraw a guilty plea solely because of the sentence imposed by the Court. 6. Ultimate Sentence. Defendant acknowledges that no one has promised or guaranteed what scntence the Court will impose. “nae sages arvonoay PLEA AGREEMENT/McINTOSH (CH0S-01332)- 3 sane, Wadgint 12

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