Common use of Factual Basis for Guilty Plea Clause in Contracts

Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: Defendant admits that between July 1, 2009, and June 19, 2010, he conspired with Xxxxx Xxxxxxx and others to distribute cocaine and cocaine base in the Western District of Missouri in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(A). In July 2009, KCPD’s Gang Squad and the Federal Bureau of Investigation (FBI) began investigating the cocaine trafficking activities of Xxxxxxx. Xxxxxxxx admitted to law enforcement officers that he was an associate of Xxxxxxx’x. Xxxxxxxx was initially targeted in this investigation by law enforcement and he made several hand-to-hand sales of cocaine base to an undercover KCPD detective. As indicated in Counts Two, Three, and Four of the indictment, Xxxxxxxx sold half-ounce quantities of cocaine base to an undercover detective on August 21, 25, and 28 of 2009 in Kansas City, Missouri. Through the interception of court-authorized wire and electronic communications of target telephones used by Xxxxxxx, investigators learned that Xxxxxxx purchased kilogram quantities of cocaine from Xxxxxxx Xxxxxxx, who was supplied by Xxxxxxx Xxxx. This cocaine was then distributed to Xxxxxxx’x associates, including the defendant, as cocaine or cocaine base. Xxxxxxx and his associates, including the defendant, would distribute cocaine base from various houses located in Kansas City neighborhoods. Investigators estimate that during the course of the wiretap investigation, which began on February 3, 2010, Xxxxxxx’x organization was responsible for acquiring and distributing 35 - 40 kilograms of cocaine. The following two paragraphs are representative of the intercepted telephone calls related to the defendant that occurred over the course of the conspiracy: On February 21, 2010, at approximately 8:12 p.m. an outgoing telephone call was intercepted between Xxxxx Xxxxxxx and Xxxxxxx Xxxxxxxx during which they argued about a a recent drug transaction between Xxxxxxxx and the defendant, Xxxxxxx Xxxxx. During this call, Xxxxxxx was upset because Xxxxxxx Xxxxx aka “Xxxx” had complained to Xxxxxxx that Xxxxxxxx had over charged him for an ounce of cocaine. Xxxxxxxx said, “Xxxx, I did do them for a rack a piece.” (A rack is a reference to $1000 for one ounce of cocaine base.) Xxxxxxx said, “Xxx, I ain’t sending anyone else to you...because you hitting them over the head and they calling me complaining about it.” Xxxxxxx then added, “I did not know you was doing that, I did not know you were going to hit them like that cuz.” He continued, “If I send somebody to you, they expect to get the same price that I give them man.” On March 28, 2010, at approximately 1:14 p.m., an incoming call was intercepted between Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx told Xxxxxxx about an individual who is known to him as a source of supply for cocaine. Xxxxxxx asked Xxxxxxxx, “What kind of look it got?” Xxxxxxxx said, “Taking sixty-three on water and bringing it back on eighty-five.” Xxxxxxx responded, “Okay we can do it, I don’t have all of my cheese though,” and added that he only had about “fourteen”. Xxxxxxxx responded, “I got fifteen on me right now.” I believe that this call refers to Xxxxxxx discussing with Xxxxxxxx the quality of cocaine that can be obtained from an alternate supplier since Xxxxxxx XXXXXXX has not provided Xxxxxxx with sufficient quantities of cocaine. The statement,“taking sixty-three on water and bringing it back on eighty-five,”is believed to be a reference to the amount of cocaine base that can be produced from powder cocaine. Finally, I believe that the conversation regarding “fourteen” and “fifteen” are references to amounts of money that Xxxxxxx and Xxxxxxxx intend to use to purchase cocaine. On April 23, 2010, at 10:55 a.m., an outgoing telephone call was intercepted between Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx and Xxxxxxx had a discussion about the availability of two kilograms of cocaine. Xxxxxxx advised Xxxxxxxx, “Shit, he called.” Xxxxxxxx responded, “I’m, ready.” Xxxxxxx asked Xxxxxxxx, “What you got?” Xxxxxxxx told him, “I just get me another half.” Xxxxxxx continued, “Fuck cuz, fuck that. He told me, he told me he had two.” Xxxxxxxx told Xxxxxxx that he was trying to buy two “cushions” and needed money for that. Finally, Xxxxxxxx told Xxxxxxx, “Xxxx, I’m, I mean, I’m ready, bro. I got, uh, let me count… about… I’ll call you right back,” Xxxxxxx responded, “Call me back.” Later on April 23, 2010, at 11:31 a.m., another incoming telephone call was intercepted between Xxxxxxxx and Xxxxxxx. During this call, Xxxxxxx and Xxxxxxxx discussed money to purchase cocaine from Xxxxxxx Xxxxxxx. Xxxxxxx asked, “What you, uh, what you come up with?” Xxxxxxxx replied, “How much I got? I got nineteen,” and then continued, “How much money… how much money you need?” Xxxxxxx told him, “Just bring it, man, ‘cause he’ll let me owe him.” Specifically, the defendant admits that during the court-authorized wiretaps on Xxxxx Xxxxxxx’x telephones, between February 3, 2010, and June19, 2010, approximately 400 drug- related telephone calls were intercepted between Xxxxxxx and the defendant. During these calls, the defendant and Xxxxxxx would discuss purchasing and distributing cocaine base. Based upon the intercepted drug calls and surveillance activity, investigators estimate that over the course of the court-authorized wiretaps, Xxxxxxxx purchased at least 7 kilograms of cocaine from Hampton.

Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: Defendant admits that between July 1, 2009, and June 19, 2010, he conspired with Xxxxx Xxxxxxx Xxxxxxx and others to distribute cocaine and cocaine base in the Western District of Missouri in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(Ab)(1)(B). In July 2009, KCPD’s Gang Squad and the Federal Bureau of Investigation (FBI) began investigating the cocaine trafficking activities of XxxxxxxHampton. Xxxxxxxx admitted to law enforcement officers that he was an associate In October 2009, U.S. Immigration and Customs Enforcement (ICE) and the Bureau of Xxxxxxx’x. Xxxxxxxx was initially targeted in this investigation by law enforcement and he made several hand-to-hand sales of cocaine base to an undercover KCPD detective. As indicated in Counts TwoAlcohol, ThreeTobacco, Firearms, and Four of Explosives (ATF) joined the indictment, Xxxxxxxx sold half-ounce quantities of cocaine base to an undercover detective on August 21, 25, and 28 of 2009 in Kansas City, Missouriinvestigation. Through the interception of court-authorized wire and electronic communications of target telephones used by Xxxxxxx, investigators learned that Xxxxxxx purchased kilogram quantities of cocaine from Xxxxxxx Xxxxxxx, who was supplied by Xxxxxxx Xxxx. This It was later learned through intercepted phone calls from Xxxxxxx’x phones that Xxxxx Xxxx, a St. Louis resident, was also a cocaine customer of Xxxxxxx. During the investigation, the defendant was then distributed to Xxxxxxx’x associates, including the defendant, as observed by surveillance detectives picking up cocaine or cocaine basefrom Xxxxxxx. The surveillance of Xxxx corresponds with intercepted calls between Xxxxxxx and his associates, including Xxxx discussing the defendant, would distribute cocaine base from various houses located in Kansas City neighborhoods. Investigators estimate that during the course of the wiretap investigation, which began on February 3, 2010, Xxxxxxx’x organization was responsible for acquiring and distributing 35 - 40 kilograms sale of cocaine. The following two paragraphs are representative of the intercepted telephone calls related to the defendant that occurred over the course of the conspiracy: On February 21March 30, 2010, at approximately 8:12 p.m. an outgoing telephone call was intercepted between Xxxxx Xxxxxxx and Xxxxxxx Xxxxxxxx during which they argued about a a recent drug transaction between Xxxxxxxx and the defendant, Xxxxxxx Xxxxx. During this call, Xxxxxxx was upset because Xxxxxxx Xxxxx aka “Xxxx” had complained to Xxxxxxx that Xxxxxxxx had over charged him for an ounce of cocaine. Xxxxxxxx said, “Xxxx, I did do them for a rack a piece.” (A rack is a reference to $1000 for one ounce of cocaine base.) Xxxxxxx said, “Xxx, I ain’t sending anyone else to you...because you hitting them over the head and they calling me complaining about it.” Xxxxxxx then added, “I did not know you was doing that, I did not know you were going to hit them like that cuz.” He continued, “If I send somebody to you, they expect to get the same price that I give them man.” On March 28, 2010, at approximately 1:14 9:08 p.m., an incoming call was intercepted between Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx told Xxxxxxx about an individual who is known to him as a source of supply for cocaine. Xxxxxxx asked Xxxxxxxx, “What kind of look it got?” Xxxxxxxx said, “Taking sixty-three on water and bringing it back on eighty-five.” Xxxxxxx responded, “Okay we can do it, I don’t have all of my cheese though,” and added that he only had about “fourteen”. Xxxxxxxx responded, “I got fifteen on me right now.” I believe that this call refers to Xxxxxxx discussing with Xxxxxxxx the quality of cocaine that can be obtained from an alternate supplier since Xxxxxxx XXXXXXX has not provided Xxxxxxx with sufficient quantities of cocaine. The statement,“taking sixty-three on water and bringing it back on eighty-five,”is believed to be a reference to the amount of cocaine base that can be produced from powder cocaine. Finally, I believe that the conversation regarding “fourteen” and “fifteen” are references to amounts of money that Xxxxxxx and Xxxxxxxx intend to use to purchase cocaine. On April 23, 2010, at 10:55 a.m., an outgoing telephone call was intercepted between Xxxxxxx and Xxxxxxxx. Xxxx During this call, Xxxxxxxx Xxxxxxx told Xxxx, “I am finally getting some shit cracking.” Xxxx then asked Xxxxxxx, “Can I get like three or four. You got me?” Xxxxxxx and Xxxxxxx had Xxxx then discussed a discussion about time for Xxxx to come to Kansas City to pick up the availability of two kilograms of cocaine. Xxxxxxx advised Xxxxxxxx, “Shit, he called.” Xxxxxxxx responded, “I’m, ready.” Xxxxxxx asked Xxxxxxxx, “What you got?” Xxxxxxxx told him, “I just get me another half.” Xxxxxxx continued, “Fuck cuz, fuck that. He told me, he told me he had two.” Xxxxxxxx told Xxxxxxx that he was trying to buy two “cushions” and needed money for that. Finally, Xxxxxxxx told Xxxxxxx, “Xxxx, I’m, I mean, I’m ready, bro. I got, uh, let me count… about… I’ll call you right back,” Xxxxxxx responded, “Call me back.” Later on On April 231, 2010, at 11:31 a.m.approximately 6:20 p.m., another an incoming telephone call was intercepted between Xxxxxxxx Xxxxxxx and XxxxxxxXxxx. During this call, Xxxx asked Xxxxxxx if he had “finally got ‘em.” Xxxxxxx affirmed and Xxxxxxxx discussed money to purchase cocaine from Previously intercepted conversations had revealed that Xxxxxxx Xxxxxxxhad recently received a shipment of cocaine. Xxxxxxx asked, Xxxx responded that he will have “What you, uh, what you come up with?” Xxxxxxxx replied, “How much I got? I got nineteentrouble getting ‘em back,” and then continued, that he will have “How much money… how much money you need?” Xxxxxxx told him, “Just bring it, man, ‘cause he’ll let me owe himto makes some calls.” This is a reference to Xxxx’x concern regarding transporting the kilograms of cocaine from Kansas City to St. Louis. The next day, surveillance detectives observed Xxxx arrive at Xxxxxxx’x house in Kansas City, Kansas. Xxxx was traveling with an associate named Xxxxxx, who was observed leaving Xxxxxxx residence carrying a box believed to contain three kilograms of cocaine. As Xxxx traveled east on I-70 to St. Louis, police unsuccessfully attempted to interdict this cocaine shipment. Police identified Xxxx during the stop as the driver of the vehicle that was seen earlier in the day arriving at Xxxxxxx residence. It was later learned by analyzing a surveillance video, that the box containing cocaine was transferred to an unidentified courier at the Conoco gas station located near I-70 and Stadium Drive in Kansas City, Missouri, after it was in Xxxx’x possession but before Xxxx continued on his trip back to St. Louis. Specifically, the defendant admits that during the court-authorized wiretaps on Xxxxx Xxxxxxx’x telephones, between February 3, 2010, and June19, 2010, telephones approximately 400 drug- 14 drug-related telephone calls were intercepted between Xxxxxxx and the defendant. During these calls, the defendant and Xxxxxxx would discuss purchasing and distributing cocaine base. Based upon the intercepted drug calls and surveillance activity, investigators estimate that over the course of the court-authorized wiretaps, Xxxxxxxx purchased at least 7 kilograms of cocaine from Hampton.

Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: Defendant admits that between July 1, 2009, and June 19, 2010, he conspired with Xxxxxxx Xxxx, Xxxxx Xxxxxxx Xxxxxxx, Xxxxx Xxxx and others to distribute cocaine and cocaine base in the Western District of Missouri in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(A). In July 2009, KCPD’s Gang Squad and the Federal Bureau of Investigation (FBI) began investigating the cocaine trafficking activities of XxxxxxxHampton. Xxxxxxxx admitted to law enforcement officers that he was an associate In October 2009, U.S. Immigration and Customs Enforcement (ICE) and the Bureau of Xxxxxxx’x. Xxxxxxxx was initially targeted in this investigation by law enforcement and he made several hand-to-hand sales of cocaine base to an undercover KCPD detective. As indicated in Counts TwoAlcohol, ThreeTobacco, Firearms, and Four of Explosives (ATF) joined the indictment, Xxxxxxxx investigation. Xxxxxxx sold half-ounce quantities of cocaine base to an undercover detective a confidential informant on August 21October 27, 25November 11, and 28 December 3 of 2009 in Kansas City, Missouri2009. Through the interception of court-authorized wire and electronic communications of target telephones used by Xxxxxxx and Xxxxxxx, investigators learned that Xxxxxxx and Xxxxx Xxxx purchased kilogram quantities of cocaine from Xxxxxxx Xxxxxxx, who was supplied by Xxxxxxx Xxxx. This cocaine was then distributed to Xxxxxxx’x associatesassociates in Kansas City and Xxxx’x associates in St. Louis. Investigators learned that almost immediately after acquiring cocaine from Xxxxxxx, including usually in the defendantamount of one or two kilograms, as cocaine or cocaine base. Xxxxxxx and his associates, including the defendant, associates would distribute begin calling and receiving calls from hundreds of potential customers for cocaine base from various houses located in Kansas City neighborhoodsbase. Investigators estimate that during the course of the wiretap investigation, which began on February 3, 2010, Xxxxxxx’x this organization was responsible for acquiring and distributing 35 - 40 kilograms of cocaine. The following two paragraphs are representative of the hundreds of drug-related intercepted telephone calls related to the defendant that occurred over the course of the conspiracy: On February 21March 4, 2010, at approximately 8:12 9:53 p.m. an outgoing telephone call regarding a transaction for cocaine was intercepted between Xxxxx Xxxxxxx and Xxxxxxx Xxxxxxxx during which they argued about a a recent drug transaction between Xxxxxxxx and the defendant, Xxxxxxx XxxxxXxxxxxx. During this callconversation, Xxxxxxx was upset because Xxxxxxx Xxxxx aka “Xxxx” had complained to Xxxxxxx that Xxxxxxxx had over charged him for an ounce of cocaine. Xxxxxxxx said, “Xxxx, I did do them for a rack a piece.” (A rack is made a reference to $1000 for one ounce of cocaine basewhat is believed to have been a previous electronic text message and he asked Xxxxxxx, “Five more dollars?” Xxxxxxx responded, “Yeah, it’s gonna be five bucks more.) ” Xxxxxxx said, “XxxOh well, that’s cool, but uh...I ain’t sending anyone else wants three of them.” Xxxxxxx replied, “Aughh, you’re pretty much gonna take everything I got, ‘cause I’m only gonna be able to you...because you hitting them get a handful, ‘cause I was still trying to go east,” and “Let me see exactly what I get tomorrow ‘cause we’re all gonna be fucking fighting over the head and they calling me complaining about it.” Xxxxxxx then addedasked, “Is it gonna be early or not?” Xxxxxxx replied, “I did not know you was doing that, I did not know you were going to hit them like that cuz.” He continued, “If I send somebody to youdon’t know, they expect just told me to get be ready for tomorrow...” Later in the same price conversation, Xxxxxxx told Xxxxxxx that I give them man.” he had been turning down other opportunities hoping that Xxxxxxx would come through for him. On March 286, 2010, at approximately 1:14 1:19 p.m., an incoming outgoing call regarding a transaction for two kilograms of cocaine was intercepted between Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx told Xxxxxxx about an individual who is known to him as a source of supply for cocaine. Xxxxxxx asked Xxxxxxxx, “What kind of look it got?” Xxxxxxxx said, “Taking sixty-three on water and bringing it back on eighty-five.” Xxxxxxx responded, “Okay we can do it, I don’t have all of my cheese though,” and added that he only had about “fourteen”. Xxxxxxxx responded, “I got fifteen on me right now.” I believe that this call refers to Xxxxxxx discussing with Xxxxxxxx the quality of cocaine that can be obtained from an alternate supplier since Xxxxxxx XXXXXXX has not provided Xxxxxxx with sufficient quantities of cocaine. The statement,“taking sixty-three on water and bringing it back on eighty-five,”is believed to be a reference to the amount of cocaine base that can be produced from powder cocaine. Finally, I believe that the conversation regarding “fourteen” and “fifteen” are references to amounts of money that Xxxxxxx and Xxxxxxxx intend to use to purchase cocaine. On April 23, 2010, at 10:55 a.m., an outgoing telephone call was intercepted between Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx and Xxxxxxx had a discussion about the availability of two kilograms of cocaine. Xxxxxxx advised Xxxxxxxx, “Shit, he called.” Xxxxxxxx responded, “I’m, ready.” Xxxxxxx asked Xxxxxxxx, “What you got?” Xxxxxxxx told him, “I just get me another half.” Xxxxxxx continued, “Fuck cuz, fuck that. He told me, he told me he had two.” Xxxxxxxx told Xxxxxxx that he was trying to buy two “cushions” and needed money for that. Finally, Xxxxxxxx told Xxxxxxx, “Xxxx, I’m, I mean, I’m ready, bro. I got, uh, let me count… about… I’ll call you right back,” Xxxxxxx responded, “Call me back.” Later on April 23, 2010, at 11:31 a.m., another incoming telephone call was intercepted between Xxxxxxxx Hampton and Xxxxxxx. During this call, Xxxxxxx and Xxxxxxxx discussed money to purchase cocaine from told Xxxxxxx Xxxxxxx. Xxxxxxx asked, that he could “What you, uh, what you come up with?” Xxxxxxxx replied, “How much I got? I got nineteenpop one out real quick,” and then continuedasked if Xxxxxxx would let him take his time “on the other one.” Xxxxxxx responded, “Do what you can do, and I’ll shoot you the other two.” Later in this call Xxxxxxx stated that he can get him “that pair” that his boy has. Xxxxxxx then said that he was, “going to get it together.” On March 16, 2010, at approximately 5:23 p.m., an outgoing telephone call was intercepted in the Spanish language between Xxxxxxx and Xxxxxxx Xxxx. During this call, Xxxxxxx and Xxxx discussed securing shipments of cocaine from two different sources. Xxxxxxx asked Xxxx, “How much money… how much money you needmany do they have?” Xxxxxxx told continued by saying, “Well, I would be able to get rid of a whole bunch, but if they only have seven or eight, it would be worth my time to buy the ones that are left.” Xxxx said, “It won’t be until Monday, man… with these guys.” Xxxxxxx replied, “I know that… that’s why and since this is a good day and time.” He added, “So that by the time these other guys get here, I will be ready again.” Xxxx said that he would tell “them” to bring him the “four.” Xxxx stated, “Let me talk to this guy and see what’s going on.” Xxxxxxx said, “Call him, “Just because my black guy wants his three. He will bring it, man, ‘cause heme that [money] and then I can pay with my own for those others. That way we can pay them and we’ll let me owe himgo from there.” Specifically, the defendant admits that during the court-authorized wiretaps on Xxxxx Xxxxxxx’x telephones, between February 3On April 1, 2010, and June19at approximately 6:20 p.m., 2010, approximately 400 drug- related an incoming telephone calls were call was intercepted between Xxxxxxx and the defendantXxxxx Xxxx regarding a cocaine transaction. During these this call, Xxxx asked Xxxxxxx if he had “finally got ‘em.” Xxxxxxx affirmed and Xxxx responded that he will have “trouble getting ‘em back,” (a reference to Xxxx’x city of residence, St. Louis,) and that he will have “to makes some calls.” On April 1, 2010, at approximately 7:24 p.m., an incoming telephone call was intercepted between Xxxxxxx and Xxxx using telephone number (000) 000-0000. During this call, Xxxx said, “Three.” Xxxxxxx affirmed Xxxx then asked if Xxxxxxx will “be home.” Xxxxxxx replied that he was “not going anywhere.” This call is a follow-up conversation to the defendant and Xxxxxxx would discuss purchasing and distributing cocaine basepreviously detailed call. Based upon Xxxx’x statement, “three,” is a reference to the intercepted drug calls and surveillance activityamount of cocaine, investigators estimate three kilograms that over the course of the court-authorized wiretaps, Xxxxxxxx purchased at least 7 kilograms of cocaine he planned to purchase from HamptonXxxxxxx.

Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: Defendant admits that between July 1, 2009, and June 19, 2010, he conspired with Xxxxx Xxxxxxx and others to distribute cocaine and cocaine base in the Western District of Missouri in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(Ab)(1)(C). In July 2009, KCPD’s Gang Squad and the Federal Bureau of Investigation (FBI) began investigating the cocaine trafficking activities of XxxxxxxHampton. Xxxxxxxx admitted to law enforcement officers that he was an associate In October 2009, U.S. Immigration and Customs Enforcement (ICE) and the Bureau of Xxxxxxx’x. Xxxxxxxx was initially targeted in this investigation by law enforcement and he made several hand-to-hand sales of cocaine base to an undercover KCPD detective. As indicated in Counts TwoAlcohol, ThreeTobacco, Firearms, and Four of Explosives (ATF) joined the indictment, Xxxxxxxx investigation. Xxxxxxx sold half-ounce quantities of cocaine base to an undercover detective a confidential informant on August 21October 27, 25November 11, and 28 December 3 of 2009 in Kansas City, Missouri2009. Through the interception of court-authorized wire and electronic communications of target telephones used by Xxxxxxx, investigators learned that Xxxxxxx purchased kilogram quantities of cocaine from Xxxxxxx Xxxxxxx, who was supplied by Xxxxxxx Xxxx. This cocaine was then distributed to Xxxxxxx’x associates, including the defendant, as cocaine or cocaine base. Xxxxxxx and his associates, including the defendant, associates would distribute cocaine base from various houses located in Kansas City neighborhoods. The locations sites for distribution were changed frequently in order to defeat law enforcement attempts at surveillance and search warrants. Investigators learned that almost immediately after acquiring cocaine from Xxxxxxx, usually in the amount of one or two kilograms, Xxxxxxx and his associates would begin calling and receiving calls from hundreds of potential customers for cocaine base. Investigators estimate that during the course of the wiretap investigation, which began on February 3, 2010, Xxxxxxx’x organization was responsible for acquiring and distributing 35 - 40 kilograms of cocaine. The following two paragraphs are representative of the intercepted drug-related telephone calls related to the defendant between Xxxxxxx and XXXXX that occurred over the course of the conspiracy: On February 21March 31, 2010, a call was intercepted between XXXXX and Xxxxxxx. During the call, XXXXX said that he had “people waiting on him,” and he wanted to know when Xxxxxxx would be ready. When Xxxxxxx responded the next day, he told XXXXX to meet him at a house a house in Kansas City. Investigators conducted surveillance and observed XXXXX in a white Pontiac arrive at Hampton’s location shortly after Xxxxxxx had called XXXXX. The reference to “people waiting on him,” was an indication by XXXXX that he had customers waiting and the he wanted Xxxxxxx to provide him with crack cocaine. On April 13, 2010, a call was intercepted between XXXXX and Xxxxxxx. During the call Xxxxxxx advised Xxxxx that he was “on Xxxxx”. At the time, investigators knew that Xxxxxxx was using 4618 Xxxxx as a location to sell drugs. On April 25, 2010, at approximately 8:12 8:53 p.m. an outgoing incoming telephone call was intercepted on Xxxxxxx’x cellular telephone between Xxxxx Xxxxxxx and Xxxxxxx Xxxxxxxx during which they argued about a a recent drug transaction between Xxxxxxxx and the defendant, Xxxxxxx XxxxxXXXXX. During this call, Xxxxxxx was upset because Xxxxxxx Xxxxx aka “Xxxx” had complained to Xxxxxxx that Xxxxxxxx had over charged him for an ounce of cocaine. Xxxxxxxx saidXXXXX asked Xxxxxxx, “Xxxx, I did do them for a rack a piece.” (A rack is a reference to $1000 for one ounce of cocaine base.) Xxxxxxx said, “Xxx, I ain’t sending anyone else to you...because you hitting them over the head and they calling me complaining about it.” Xxxxxxx then added, “I did not know you was doing that, I did not know you were going to hit them like that cuz.” He continued, “If I send somebody to you, they expect to get the same price that I give them man.” On March 28, 2010, at approximately 1:14 p.m., an incoming call was intercepted between Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx told Xxxxxxx about an individual who is known to him as a source of supply for cocaine. Xxxxxxx asked Xxxxxxxx, “What kind of look What’s up with it got?” Xxxxxxxx said, “Taking sixty-three on water and bringing it back on eighty-fivebro... You gettin’ out.” Xxxxxxx responded, “Okay we No. But I can do it, I don’t have all of my cheese though,send it or whatever...What was you talking about?” and added that he only had about “fourteen”. Xxxxxxxx responded, “I got fifteen on me right now.” I believe that this call refers to Xxxxxxx discussing with Xxxxxxxx the quality of cocaine that can be obtained from an alternate supplier since Xxxxxxx XXXXXXX has not provided Xxxxxxx with sufficient quantities of cocaine. The statement,“taking sixty-three on water and bringing it back on eighty-five,”is believed to be a reference to the amount of cocaine base that can be produced from powder cocaine. Finally, I believe that the conversation regarding “fourteen” and “fifteen” are references to amounts of money that Xxxxxxx and Xxxxxxxx intend to use to purchase cocaine. On April 23, 2010, at 10:55 a.m., an outgoing telephone call was intercepted between Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx and Xxxxxxx had a discussion about the availability of two kilograms of cocaine. Xxxxxxx advised XxxxxxxxXXXXX replied, “Shit, he called.” Xxxxxxxx responded, “I’m, readya 7-up.” Xxxxxxx asked Xxxxxxxxsaid, “What you got?” Xxxxxxxx told himA 7-up, “I just get me another half.” Xxxxxxx continued, “Fuck cuz, fuck that. He told me, he told me he had two.” Xxxxxxxx told Xxxxxxx that he was trying to buy two “cushions” and needed money for that. Finally, Xxxxxxxx told Xxxxxxx, “Xxxx, I’m, I mean, I’m ready, bro. I got, uh, let me count… about… I’ll alright...I’ll call you right back,” Xxxxxxx responded, “Call me back.” Later on April 23, 2010, at 11:31 a.m., another incoming telephone call was intercepted between Xxxxxxxx and Xxxxxxx. During this callinvestigation, Xxxxxxx detectives learned that a 7-up is a reference to seven grams of crack cocaine. This is an amount that was commonly purchased from Hampton and Xxxxxxxx discussed money then broken down into smaller rocks for street level distribution. This call involves a request by XXXXX to purchase seven grams of crack cocaine from Xxxxxxx XxxxxxxHampton. Xxxxxxx asked, “What you, uh, what you come up with?” Xxxxxxxx replied, “How much I got? I got nineteen,” and then continued, “How much money… how much money you need?” Xxxxxxx told him, “Just bring it, man, ‘cause he’ll let me owe him.” Specifically, the defendant admits that during the court-authorized wiretaps on Xxxxx Xxxxxxx’x telephones, between February 3, 2010, and June19, 2010, approximately 400 95 drug- related telephone calls were intercepted between Xxxxxxx and the defendant. During these calls, the defendant and Xxxxxxx would discuss purchasing and distributing cocaine base. Based upon the intercepted drug calls and surveillance activity, investigators estimate that over the course of the court-authorized wiretaps, Xxxxxxxx purchased at least 7 kilograms purchase of cocaine and cocaine base from HamptonHampton which was then sold or distributed by the defendant.

Factual Basis for Guilty Plea. The parties agree that the facts constituting the offenses to which he is pleading guilty are as follows: Defendant admits that between July 1, 2009, and June 19, 2010, he conspired with Xxxxx Xxxxxxx and others to distribute cocaine and cocaine base in the Western District of Missouri in violation of Title 21, United States Code, Sections 846, 841(a)(1) and (b)(1)(Ab)(1)(B). In July 2009, KCPD’s Gang Squad and the Federal Bureau of Investigation (FBI) began investigating the cocaine trafficking activities of XxxxxxxHampton. Xxxxxxxx admitted to law enforcement officers that he was an associate In October 2009, U.S. Immigration and Customs Enforcement (ICE) and the Bureau of Xxxxxxx’x. Xxxxxxxx was initially targeted in this investigation by law enforcement and he made several hand-to-hand sales of cocaine base to an undercover KCPD detective. As indicated in Counts TwoAlcohol, ThreeTobacco, Firearms, and Four of Explosives (ATF) joined the indictment, Xxxxxxxx investigation. Xxxxxxx sold half-ounce quantities of cocaine base to an undercover detective a confidential informant on August 21October 27, 25November 11, and 28 December 3 of 2009 in Kansas City, Missouri2009. Through the interception of court-authorized wire and electronic communications of target telephones used by Xxxxxxx, investigators learned that Xxxxxxx purchased kilogram quantities of cocaine from Xxxxxxx Xxxxxxx, who was supplied by Xxxxxxx Xxxx. This cocaine was then distributed to Xxxxxxx’x associates, including the defendant, as cocaine or cocaine base. Xxxxxxx and his associates, including the defendant, associates would distribute cocaine base from various houses located in Kansas City neighborhoods. The location sites for distribution were changed frequently in order to defeat law enforcement attempts at surveillance and search warrants. Investigators learned that almost immediately after acquiring cocaine from Xxxxxxx, usually in the amount of one or two kilograms, Xxxxxxx and his associates would begin calling and receiving calls from hundreds of potential customers for cocaine base. Investigators estimate that during the course of the wiretap investigation, which began on February 3, 2010, Xxxxxxx’x organization was responsible for acquiring and distributing 35 - 40 kilograms of cocaine. The following two paragraphs are representative of the intercepted telephone calls related to the defendant that occurred over the course of the conspiracy: On February 214, 2010, at approximately 8:12 p.m. an outgoing 12:30 p.m., a telephone call was intercepted between Xxxxx Xxxxxxx and Xxxxxx Xxxxxxx Xxxxxxxx during which they argued about a a recent drug transaction between Xxxxxxxx and the defendant, Xxxxxxx Xxxxxfor 3.5 grams of crack cocaine. During this call, Xxxxxxx was upset because asked Xxxxxxx, “Where you at bro?” Xxxxxxx Xxxxx aka responded, “XxxxOut here by you.” had complained to Xxxxxxx that Xxxxxxxx had over charged him sighed, “Nah just give me a track (slang for an ounce of cocaine. Xxxxxxxx 3.5 grams) right now.” Hampton said, “Xxxx, I did do them for a rack a piece.” (A rack is a reference to $1000 for one ounce of cocaine base.) Xxxxxxx said, “Xxx, I ain’t sending anyone else to you...because you hitting them over the head and they calling me complaining about itAlright.” Xxxxxxx then addedstates, “Make it that first shit I did not know got from you was doing thatlast night. Not the second one, I did not know you were going to hit them like that cuzthe first one.” He continued, “If I send somebody to you, they expect to get the same price that I give them man.” On March 28, 2010, at approximately 1:14 At 12:33 p.m., an incoming call was intercepted between Xxxxxxx called Xxxxxxx again and Xxxxxxxxchanged his order from 3.5 grams to 6 grams of crack cocaine. During this call, Xxxxxxxx told Xxxxxxx about an individual who is known to him as a source of supply for cocaine. Xxxxxxx asked Xxxxxxxx, “What kind of look it got?” Xxxxxxxx said, “Taking sixty-three on water and bringing it back on eighty-five‘Make that six instead of the track.” Xxxxxxx responded, “Okay we can do it, I don’t have all of my cheese though,” and added that he only had about “fourteen”. Xxxxxxxx responded, “I got fifteen on me right nowAlright.” I believe that this call refers to Xxxxxxx discussing with Xxxxxxxx the quality of cocaine that can be obtained from an alternate supplier since Xxxxxxx XXXXXXX has not provided Xxxxxxx with sufficient quantities of cocaine. The statement,“taking sixty-three on water and bringing it back on eighty-five,”is believed to be a reference to the amount of cocaine base that can be produced from powder cocaine. Finally, I believe that the conversation regarding “fourteen” and “fifteen” are references to amounts of money that Xxxxxxx and Xxxxxxxx intend to use to purchase cocaine. On April 23February 9, 2010, at 10:55 a.m.approximately 2:25 p.m., an outgoing a telephone call was intercepted between Xxxxx Xxxxxxx and Xxxxxxxx. During this call, Xxxxxxxx and Xxxxxx Xxxxxxx had about a discussion about the availability drug transaction for 3.5 grams of two kilograms of crack cocaine. Xxxxxxx advised Xxxxxxxx, “Shit, he called.” Xxxxxxxx responded, “I’m, ready.” Xxxxxxx asked Xxxxxxxx, “What you got?” Xxxxxxxx told him, “I just get me another half.” Xxxxxxx continued, “Fuck cuz, fuck that. He told me, he told me he had two.” Xxxxxxxx told Xxxxxxx that he was trying to buy two “cushions” and needed money for that. Finally, Xxxxxxxx told Xxxxxxx, “Xxxx, I’m, I mean, I’m ready, bro. I got, uh, let me count… about… I’ll call you right back,” Xxxxxxx responded, “Call me back.” Later on April 23, 2010, at 11:31 a.m., another incoming telephone call was intercepted between Xxxxxxxx and Xxxxxxx. During this call, Xxxxxxx and Xxxxxxxx discussed money to purchase cocaine from said, ‘Hey make it a track, I got forty for you right now.” Xxxxxxx Xxxxxxx. Xxxxxxx askedresponded, “What you, uhUh, what . . . what you come up withsay, a girl?” Xxxxxxxx Xxxxxxx reiterated, “No. A track.” Xxxxxxx replied, “How much Alright. Here I got? I got nineteen,come.” On March 25, 2010, a telephone call was intercepted between Xxxxx Xxxxxxx and then continuedXxxxxx Xxxxxxx about a drug transaction for 7 grams of crack cocaine. During this call, Xxxxxxx told Xxxxxxx, “How much money… how much money you need?I’m dead as a doorknob, my phone hopping out like a motherfucker over here.” Xxxxxxx told himstated, “Just bring it, man, ‘cause he’ll let me owe himAlright. As soon as this dude gets here I’m gonna call you. I only got a seven (7) ready though.” Xxxxxxx replied, “Alright.” Additionally, following his arrest on June 9, 2010, the defendant was interviewed by detectives and admitted that he had purchased crack cocaine from Hampton on numerous occasions. Specifically, the defendant admits that during the court-authorized wiretaps on Xxxxx Xxxxxxx’x telephones, between February 3, 2010, and June19, 2010, approximately 400 drug- 133 drug related telephone calls were intercepted between Xxxxxxx and the defendant. During these calls, the defendant and Xxxxxxx would discuss purchasing the purchase of cocaine and distributing cocaine basebase from Hampton which was then sold or distributed by the defendant. Based upon the intercepted drug calls and surveillance activity, investigators estimate that over the course of the court-authorized wiretaps, Xxxxxxxx purchased at least 7 kilograms wiretaps approximately 175 grams of cocaine from Hamptonbase is attributable to the defendant.