Case 1:18-cr-00218-TSC Document 67 Filed 12/13/18 Page 4 of 12
If your client is a known foreign national, U.S.S.G. § 4A1.2(h) provides that “[s]entences resulting from foreign convictions are not counted, but may be considered under §4A1.3 (Adequacy of Criminal History Category).”
Accordingly, your client is estimated to have no criminal history points and your client’s Criminal History Category is estimated to be Category I. Your client acknowledges that after the pre-sentence investigation by the United States Probation Office, a different conclusion regarding your client’s criminal convictions and/or criminal history points may be reached and your client’s criminal history points may increase.
D. Estimated Applicable Guidelines Range
The Government maintains that there is no sufficiently analogous guideline for the underlying substantive offense and that the provisions of 18 U.S.C. § 3553 should control sentencing.
However, the defendant submits that the most analogous guideline for sentencing purposes here is U.S.S.G. § 2B1.1. Your client reserves the right to brief the presentence report writer and Court on the reasons why. If accepted, the estimated sentencing guideline range for U.S.S.G. § 2B1.1 is 0-6 months’ imprisonment (the “Estimated Guidelines Range”). In addition, should the Court impose a fine pursuant to U.S.S.G. § 5E1.2, at Guidelines level 4, the estimated applicable fine range is $500 to $9,500. The defendant reserves the right to ask the Court not to impose any applicable fine. However, your client understands that the final decision regarding sentencing and the imposition of any fine will be made by the Court.
5. Agreement as to Sentencing Allocution
The parties agree that, if the Court finds that a Guidelines range applies, a sentence within the Estimated Guidelines Range would constitute a reasonable sentence in light of all of the factors set forth in 18 U.S.C. § 3553(a), should such a sentence be subject to appellate review notwithstanding the appeal waiver provided below. Nevertheless, your client reserves the right to seek a sentence below any Guidelines range ultimately set by the Court based upon factors to be considered in imposing a sentence pursuant to 18 U.S.C. § 3553(a).
6. Reservation of Allocution
The Government and your client reserve the right to describe fully, both orally and in writing, to the sentencing judge, the nature and seriousness of your client’s misconduct, including any misconduct not described in the charges to which your client is pleading guilty. The parties also reserve the right to inform the presentence report writer and the Court of any relevant facts, to dispute any factual inaccuracies in the presentence report, and to contest any matters not provided for in this Agreement. In the event that the Court considers any Sentencing Guidelines adjustments, departures, or calculations different from those agreed to and/or estimated in this Agreement, or contemplates a sentence outside the Guidelines range based upon the general sentencing factors listed in 18 U.S.C. § 3553(a), then the parties reserve the right to
4
