Count One definition

Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between XXXXXX and others where either XXXXXX would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant XXXXX XXXXXXX, it includes a series of situations where he either obtained from XXXXXX, for later distribution to others, or was aware of or otherwise involved in others obtaining from XXXXXX, for later distribution, at least 100 kilos of marijuana. While the total conspiracy weight (historical and actual) exceeds 1000 kilograms of marijuana, Defendant XXXXX XXXXXXX’ involvement could be determined to be below that due to a lesser involvement in the conspiracy both in activities and time. Therefore, while the parties agree that XXXXX XXXXXXX’ drug level cannot be less than a level 26, the minimum level in 2D1.1 for the charge to which he is pleading, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 26.
Sample 1
Count One. Methamphetamine distribution conspiracy: This count involves all the defendants and is based upon Xxxxxxx statements of four defendants, two SOI’s, a cooperating federal defendant, recorded jail calls, other recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures at three search warrants, seizures at three traffic stops, and other corroborating information gathered by investigators. The total conspiracy weight (historical and actual) exceeds 500 grams of methamphetamine.
Sample 1Sample 2
Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between XXXXXX and others where either XXXXXX would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant Xxxxxx, it includes a series of actions by him and others concerning a plan to help XXXXXX hide marijuana after defendant Xxxxxxx’x house and brother’s house were searched by law enforcement. However, those were not Xxxxxx’ only activities within the conspiracy. Xxxxxx was also involved in at least two other separate overt acts involving powder cocaine. While the total conspiracy weight (historical and actual) exceeds several kilograms of cocaine and 1000 kilograms of marijuana, Defendant Xxxxxx’ involvement could be determined to be below that due to a lower level of involvement in terms of time, activities and amounts. Therefore, while the parties agree that his drug level should be not less than a level 18, based on a total, converted, drug weight of 23.8 kilograms of marijuana, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 18. This amount is based upon nine pounds of marijuana XXXXXX said he stored at Xxxxxx’ residence following the arrest of Xxxxxxx; Xxxxxx’ involvement in conspiracy group discussions following an arrest where three ounces of cocaine were recovered; Xxxxxx’ involvement in introducing to XXXXXX an individual later turned into a CI for buying cocaine from XXXXXX, and; a later ½ ounce cocaine distribution to that same CI from XXXXXX by Xxxxxx.
Sample 1

Examples of Count One in a sentence

  • Based on this conduct, Plaintiffs assert claims against Defendants for breach of the fiduciary duties of loyalty and prudence (Count One) and failure to monitor fiduciaries (Count Two).

  • Defendant was read in open court Count One of the indictment and provided an explanation of the elements of the offense.

  • Upon questioning, the government presented to this magistrate judge and to defendant a summary of the basis in fact for the offense charged in Count One and the evidence the government had available to establish, in the event defendant elected to go to trial, the defendant’s guilt beyond a reasonable doubt.

  • Based on this conduct, Plaintiffs assert claims against Defendants for breach of the fiduciary duty of prudence (Count One) and failure to monitor fiduciaries (Count Two).

  • Defendant will plead guilty because he is in fact guilty of the charge contained in Count One of the indictment.

  • The Magistrate Judge conducted the plea hearing and concluded there is a factual basis for Defendant’s plea of guilty to the charges contained in Count One of the Indictment (Dkt.

  • Pursuant to said Agreement, and insofar as Count One, as to which defendant already was aware of the maximum possible penalties, defendant was apprised that it was up to the sole discretion of the sentencing court what the sentence to be imposed on him will be.

  • Upon questioning, the defendant expressed his understanding of the maximum penalties prescribed by statute for the offense to which he was pleading guilty, namely: as to Count One, a term of imprisonment not less than ten (10) years and up to a maximum of life; a fine of not more than $20,000,000.00, or both, and a term of supervised release of at least ten years.

  • Paragraph 1 of Count One of this indictment is incorporated here.

  • At the hearing, defendant entered a plea of guilty to Count One of the Indictment in exchange for the undertakings made by the government in the written plea agreement.


More Definitions of Count One

Count One. The defendant admits that on or about August 20, 2008, in the District of Kansas, and elsewhere, for the purpose of executing a scheme and artifice to defraud, and for obtaining money by means of false and fraudulent pretenses and representations, he devised a plan which caused to be transmitted by means of wire communications in interstate commerce, signals and sounds which transferred money belonging to Xxxxxx and/or Juhree Ring in the amount of $70,000.00 from Boston, Massachusetts, to an account in New York, New York, so that the money could be provided to the defendant who represented that he was authorized to withdraw these funds when the defendant knew that this was a lie because Xxxxxx and/or Juhree Ring did not authorize this withdrawal.
Sample 1
Count One. Methamphetamine distribution conspiracy: This count involves all the defendants and is based upon Xxxxxxx statements of four defendants, two SOI’s, a cooperating federal defendant, recorded jail calls, other recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures at three search warrants, seizures at three traffic stops, and other corroborating information gathered by investigators. The total conspiracy weight (historical and actual) exceeds 500 grams of methamphetamine. Count Two: Heroin distribution conspiracy: This count involves only Xxxxxx, XXXXX, Xxxxxx and Xxxxxx and is based on the post arrest statements of two defendants, a text message retrieved from XXXXX’s phone, recorded jail calls, other recorded calls related to drug buys or attempted drug buys, and a controlled drug buy. The total conspiracy (historical and actual) weight exceeds 100 grams of heroin.
Sample 1
Count One. On or about and between November 1, 2005 and the date of the Information, the Defendant did unlawfully take an indeterminate number of migratory birds, including one purple xxxxxx, which died after contact with hydrocarbons contained in an open-topped oil tank operated by the Defendant or its agents in Xxxxxxxx County, in violation of Title 16, United States Code, Sections 703(a) and 707(a).
Sample 1
Count One. Methamphetamine distribution conspiracy: This count involves all the defendants and is based upon Xxxxxxx statements of four defendants, two SOI’s, a cooperating federal defendant, recorded jail calls, other recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures at three search warrants, seizures at three traffic stops, and other corroborating information gathered by investigators. While the total conspiracy weight (historical and actual) exceeds 500 grams of methamphetamine, due to XXXXXX’ limited involvement from a time standpoint, her exposure should be less than the total for the overall conspiracy.
Sample 1

Related to Count One

  • Random selection basis means a mechanism for selection of employees that:

  • Original Benchmark Rate on any day means the 3-months Euro Interbank Offered Rate (expressed as a percentage rate per annum) fixed at, and appearing on, the Screen Page as of 11:00 a.m. (Brussels time) on such day.

  • Election Date has the meaning specified in Section 3.12(h).

  • Original Reference Rate means the originally-specified benchmark or screen rate (as applicable) used to determine the Rate of Interest (or any component part thereof) on the Notes.

  • Selection Date means, with respect to each New Account, the date on which such New Account is originated.

  • Underlying Reference means as set out in §25(a) below.

  • Underlying Referencek means the Basket of Shares as set out in item 31(a)

  • Automatic Route Selection or “ARS” means a service feature associated with a specific grouping of lines that provides for automatic selection of the least expensive or most appropriate transmission facility for each call based on criteria programmed into the system.

  • Alternative Benchmark Rate means an alternative benchmark or screen rate which is customarily applied in international debt capital markets transactions for the purposes of determining floating rates of interest (or the relevant component part thereof) in the Specified Currency, provided that all determinations will be made by the Independent Adviser in its reasonable discretion.

  • Effective Date of Settlement means: the date on which all of the conditions to settlement set forth in § 2 of this Settlement Agreement have been fully satisfied or waived and the Settlement shall have become Final.

  • Nomination Date means the twentieth (20th) day of the month preceding the Operating Month.

  • Settlement Method Election Date With respect to any Settlement of any Transaction, the 2nd Scheduled Trading Day immediately preceding (x) the Valuation Date for such Transaction, in the case of Physical Settlement, or (y) the First Unwind Date for such Transaction, in the case of Cash Settlement or Net Share Settlement.

  • Contractor Selection of Leave Trees means crop and leave trees are unmarked and will be selected by the Contractor.

  • Original Accrual Rate With respect to each Payment Date and any Reference Obligation, the lesser of (i) the related Accounting Net Yield as of the Cut-off Date; and (ii) the related mortgage rate as of the Cut-off Date minus 0.35%.

  • Terms of Reference (TOR) means the document included in the RFP as Section 5 which explains the objectives, scope of work, activities, tasks to be performed, respective responsibilities of the Client and the Consultant, and expected results and deliverables of the assignment.

  • Underlying Reference Value means, in respect of an Underlying Reference and a SPS Valuation Date, (i) the Underlying Reference Closing Price Value for such Underlying Reference in respect of such SPS Valuation Date (ii) divided by the relevant Underlying Reference Strike Price. For the avoidance of doubt, when determining (i) above the SPS Valuation Date shall never refer to the Strike Date.

  • Compounded Daily Reference Rate means, with respect to an Interest Period, the rate of return of a daily compound interest investment in the Specified Currency (with the applicable Reference Rate (as indicated in the relevant Final Terms and further provided for below) as the reference rate for the calculation of interest) and will be calculated by the Calculation Agent on the Interest Determination Date, as follows, and the resulting percentage will be rounded, if necessary, to the fifth decimal place, with 0.000005 being rounded upwards:

  • Reset Reference Rate means in respect of a Reset Period, the gross redemption yield (as calculated by the Agent Bank on the basis set out by the United Kingdom Debt Management Office in the paper “Formulae for Calculating Gilt Prices from Yields”, page 5, Section One: Price/Yield Formulae “Conventional Gilts”; Double dated and Undated Gilts with Assumed (or Actual) Redemption on a Quasi-Coupon Date (published 8 June 1998, as amended or updated from time to time) or if such basis is no longer in customary market usage at such time, in accordance with generally accepted market practice at such time, on a semi-annual compounding basis (rounded up (if necessary) to four decimal places) of the Benchmark Gilt in respect of that Reset Period, with the price of the Benchmark Gilt for the purpose of determining the gross redemption yield being the arithmetic average (rounded up (if necessary) to the nearest 0.001 per cent. (0.0005 per cent. being rounded upwards)) of the bid and offered prices of such Benchmark Gilt quoted by the Reset Reference Banks at 11.00 a.m. (London time) on the Reset Determination Date in respect of such Reset Period on a dealing basis for settlement on the next following dealing day in London. Such quotations shall be obtained by or on behalf of the Issuer and provided to the Agent Bank. If at least four quotations are provided, the Reset Reference Rate will be determined by reference to the rounded arithmetic mean of the quotations provided, eliminating the highest quotation (or, in the event of equality, one of the highest) and the lowest quotation (or, in the event of equality, one of the lowest). If only two or three quotations are provided, the Reset Reference Rate will be determined by reference to the rounded arithmetic mean of the quotations provided. If only one quotation is provided, the Reset Reference Rate will be determined by reference to the rounded quotation provided. If no quotations are provided, the Reset Reference Rate will be the previous Reset Reference Rate or (in the case of the first Reset Period) 1.581 per cent., where:

  • Account Opening / Investment Account Opening Form means standardized form prescribed by the Management Company to be duly filled by the investors at the time of opening an account with the Fund.

  • NZOC Nomination and Selection Regulation means the regulation of NZOC relation to the nomination and selection Process for all Olympic and Commonwealth games, including the Games.

  • Terms of Reference (TORs) means the Terms of Reference that explains the objectives, scope of work, activities, and tasks to be performed, respective responsibilities of the Procuring Entity and the Consultant, and expected results and deliverables of the assignment.

  • Open type traction battery means a type of battery requiring filling with liquid and generating hydrogen gas that is released to the atmosphere.

  • Final Shared-Loss Month means the calendar month in which the tenth anniversary of the Commencement Date occurs.

  • the book of reference means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;

  • Settlement Classes means all Persons included in the Electrolytic Settlement Classes and the Film Settlement Classes.

  • Effective date of enrollment means the first date when an en- rollee is entitled to receive covered benefits.