Common use of Factual Basis Clause in Contracts

Factual Basis. Defendant will plead guilty because he is in fact guilty of the charges contained in Counts 1, 2, and 3 of the superseding indictment. In pleading guilty, defendant admits the following facts and that those facts establish his guilt beyond a reasonable doubt: With respect to Counts 1 through 3 of the superseding indictment: From on or about September 17, 2015, to on or about September 18, 2015, at Lansing, in the Northern District of Illinois, and elsewhere, defendant ▇▇▇▇▇▇▇▇ ▇▇▇▇ did unlawfully and willfully seize, confine, kidnap, abduct, carry away, and transport Victim A in interstate commerce from the State of Illinois to the State of Indiana, and did hold Victim A for purposes of robbery, sexual assault, and otherwise, in violation of Title 18, United States Code, Section 1201(a)(1). On or about September 18, 2015, at Lansing, in the Northern District of Illinois, and elsewhere, defendant ▇▇▇▇▇▇▇▇ ▇▇▇▇ did knowingly and intentionally attempt to kill Victim A, by strangulation and by setting her on fire, with the intent to prevent the communication by Victim A to a law enforcement officer of the United States of information relating to the commission and possible commission of a Federal offense, namely, the Federal offenses charged in Counts 1, 3, 4, 5, 6, 7, 8, and 9 of the Superseding Indictment, in violation of Title 18, United States Code, Section 1512(a)(1)(C). On or about September 18, 2015, at Lansing, in the Northern District of Illinois, and elsewhere, defendant ▇▇▇▇▇▇▇▇ ▇▇▇▇ did knowingly use fire to commit any felony which may be prosecuted in a court of the United States, namely, the felony kidnapping charged in Count 1 and the felony attempted murder charged in Count 2 of the Superseding Indictment, in violation of Title 18, United States Code, Section 844(h)(1). A’s bank account. After not being able to withdraw money from BMO ▇▇▇▇▇▇ Bank, defendant drove across state lines again, back into Illinois, and back to Victim A’s home. Once back at Victim A’s home, defendant demanded more money from her. Victim A had no more money to give. Defendant forced Victim A into the trunk of her car with her groceries, and he drove back across state lines into Indiana. After making a stop at a store, defendant drove to the parking lot of a vacant commercial business located at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ in ▇▇▇▇▇ Harbor, Indiana. While in the parking lot, defendant took Victim A out of the trunk and told her to get into the back seat of the car, where he forced her to perform oral sex on him. Also while in the back seat of the car, defendant forcibly raped Victim A by penetrating her vagina with his penis. After defendant raped Victim A, he attempted to force Victim A back into the trunk of her car. When she resisted, defendant strangled Victim A until she passed out on the ground in the parking lot. Hearing that Victim A was still breathing and gagging, defendant went back to the car, grabbed lighter fluid, and squeezed it onto Victim A’s body. Defendant used a lighter to set Victim A on fire. Defendant acknowledges that when he set Victim A on fire, he knowingly attempted to kill her. Defendant immediately got back into Victim A’s car and drove from Indiana to Michigan, again crossing state lines. Defendant acknowledges that one of the reasons why he attempted to kill Victim A was to prevent her from reporting the kidnapping and other crimes to a law enforcement officer, including a federal law enforcement officer. Defendant further acknowledges that, as a result of his attack on Victim A, she sustained permanent and life-threatening bodily injuries.