Guideline Stipulation. The Government and the defendant stipulate the defendant's applicable Sentencing Guideline sentence is 12 months imprisonment. See U.S.S.G. § 5G1.1(a). The base offense level under U.S.S.G. § 2H1.1 is 12. Six levels are added under U.S.S.G. § 2H1.1(b)(1) because the defendant was a public official at the time of the offense as well as because the defendant was acting under the color of law. Three levels are subtracted under U.S.S.G. § 3E1.1 for acceptance of responsibility, as noted above, resulting in a total offense level of 15. A total offense level of 15 with a criminal history category I, which the parties calculate the defendant to be, results in a range of 18 to 24 months of imprisonment (sentencing table) and a fine range of $4,000 to $40,000, U.S.S.G. § 5E1.2(c)(3). However, under the facts of this case, the statutory maximum penalty is 12 months; therefore, the guidelines sentence is 12 months pursuant to Section 5G1.1(a) of the Sentencing Guidelines.” The defendant expressly understands that the Court is not bound by this agreement on the Guideline and fine ranges specified above. The defendant further expressly understands that he will not be permitted to withdraw the plea of guilty if the Court imposes a sentence outside the Guideline range or fine range set forth in this agreement. In the event the Probation Office or the Court contemplates any sentencing calculations different from those stipulated by the parties, the parties reserve the right to respond to any inquiries and make appropriate legal arguments regarding the proposed alternate calculations. Moreover, the Government expressly reserves the right to challenge or defend any sentencing determination, other than that stipulated by the parties, in any post-sentencing proceeding.
Guideline Stipulation. The Government and the defendant stipulate the defendant's applicable Sentencing Guidelines to be at a range of 33 to 41 months of imprisonment and a fine range of $7,500 to $75,000. The base offense level under U.S.S.G. § 2B1.1(a) is 7 . Sixteen levels are added under U.S.S.G. §§ 2B1.1(b)(1). Three levels are subtracted under U.S.S.G. § 3E1.1 for acceptance of responsibility, as noted above, resulting in a total offense level of 20. A total offense level 20 with a criminal history category I, which the parties calculate the defendant to be, results in a range of 33 to 41 months of imprisonment (sentencing table) and a fine range of $7,500 to $75,000, U.S.S.G. § 5E1.2(c)(3). The parties agree that the agreed range is reasonable. Nonetheless, defendant is free to suggest that the Probation Department consider a downward departure or adjustment, and to suggest that the Court sua sponte consider such a departure or adjustment. The defendant expressly understands that the Court is not bound by this agreement on the Guideline and fine ranges specified above. The defendant further expressly understands that he will not be permitted to withdraw the plea of guilty if the Court imposes a sentence outside the Guideline range or fine range set forth in this agreement. In the event the Probation Office or the Court contemplates any sentencing calculations different from those stipulated by the parties, the parties reserve the right to respond to any inquiries and make appropriate legal arguments regarding the proposed alternate calculations. Moreover, the Government expressly reserves the right to challenge or defend any sentencing determination, other than that stipulated by the parties, in any post-sentencing proceeding.
