Memorandum Of Plea Agreement (Page 3 of 4) in pdf

Memorandum Of Plea Agreement Page 3

Case 1:05-cr-00098-GMS

Document 36-2

Filed 04/13/2006

Page 3 of 4

recognizes that the final determination of the Defendant’s sentence will be made by the Court.

The Defendant further understands that the Court is not bound by any stipulations or

recommendations of the parties. The Defendant agrees that he will not be allowed to withdraw

his guilty plea because the Court calculates the guidelines differently than he expects, or imposes

a sentence greater than what he expects, or imposes a sentence contrary to any stipulation of the

parties or recommendation of his attorney.

The Defendant agrees to pay the special assessment of $100.00 at the time of

sentencing.

If the Court sentences the Defendant to a term of incarceration and orders the

payment of any special assessment or fine as part of the Defendant’s sentence but the Defendant

is unable to pay the full amount of the special assessment or fine at the time of sentencing, the

Defendant agrees voluntarily to enter the United States Bureau of Prisons’ administered program

known as the Inmate Financial Responsibility Program, through which the Bureau of Prisons

will collect a portion of the Defendant’s prison salary and apply it on the Defendant’s behalf to

the payment of the outstanding debt ordered.

The parties reserve the right to defend the probation officer’s findings at the

sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,

including any appeal. The parties realize that the Court is not bound by any stipulations reached

by the parties. However, if the Court decides not to follow any stipulation or recommendation in

this Memorandum of Plea Agreement, or if the Defendant does not receive the benefits he

expects from any such stipulation or recommendation, the Defendant may not withdraw his

guilty plea.

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Memorandum Of Plea Agreement Page 3