Acknowledgment And Waiver Of Rights Page 3

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Acknowledgment and Waiver of Rights
4. Sentencing and Application of the Sentencing Guidelines.
The defendant also acknowledges, understands and agrees that:
A.
the Sentencing Reform Act of 1984 applies in this case;
B.
the Court is required to consider the Sentencing Guidelines as advisory guidelines and may depart
or deviate from those Guidelines under some circumstances; and
C.
he/she has no right to withdraw his/her guilty plea if his/her sentence is other than he/she anticipated.
The defendant also acknowledges, understands and agrees that the United States and the United States
Probation Office will:
A.
advise the Court of any additional, relevant facts that are presently known or may subsequently come
to their attention;
B.
respond to questions from the Court;
C.
correct any inaccuracies in the pre-sentence report;
D.
respond to any statements made by the defendant or the defendant’s counsel to a probation officer
or to the Court; and
E.
may address the Court with respect to an appropriate sentence to be imposed in this case.
The defendant acknowledges, understands and agrees that any estimate of the probable sentence, or the
probable sentencing range that he/she may have received from any source, is only a prediction and not a promise,
and is not binding on the United States, the Probation Office, or the Court.
5. Acceptance of Responsibility.
The defendant also acknowledges, understands and agrees that he/she may be entitled to a reduction in
his/her sentence based upon his/her prompt recognition and affirmative acceptance of responsibility for the offense(s).
The defendant also acknowledges, understands and agrees, however, that the United States may oppose
such a reduction to the defendant’s sentence if the defendant:
A.
fails to admit a complete factual basis for the plea at the time the defendant is sentenced or at any
other time;
B.
challenges the United States’s offer of proof at any time after the plea is entered;
C.
denies involvement in the offense;
D.
gives conflicting statements about that involvement or is untruthful with the Court, the United States
or probation officer;
E.
fails to give complete and accurate information about the defendant’s financial status to the Probation
Office;
F.
obstructs or attempts to obstruct justice, prior to sentencing;
G.
fails to appear in court as required;
H.
attempts to withdraw the plea of guilty.
Page 3
USDCNH-88 (1-16)

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