Sentence Agreement. The Government and the defendant have agreed, pursuant to Federal Rule of Criminal Procedure 11(e)(1)(C), that the following sentence is an appropriate disposition of this case:
Sentence Agreement. Pursuant to Rule 11(e)(1)(C) of the Federal Rules of Criminal Procedure, the government and the defendant agree that the appropriate offense level under the Sentencing Guidelines is a level 15. The parties also agree that any sentence of incarceration shall not exceed 3 month(s) above the lower limit of Guideline level 15. Unless the Court determines that the defendant will not reasonably be able to pay a fine, or that paying a fine will unduly burden any of the defendant’s dependents, U.S.S.G. § 5E1.2(e), a fine shall be imposed. The parties agree that a fine of $40,000 will be imposed, which is within the applicable Guidelines range, and that the fine will be payable in full before the fifteenth day after the date of judgment. The parties agree that calculation of double the gain or double the loss would unduly complicate or prolong the sentencing process. 18 U.S.C. § 3571(b) and (d). Therefore, the parties agree that such calculations are not appropriate for the crime to be charged. The defendant agrees that the fine is to be paid to the United States District Court for the Eastern District of Michigan, and agrees not to propose or advocate that any payment be made, or service rendered to any person, organization, institution or agency in lieu of the fine or any part of the fine. The defendant agrees that he will not, absent a written agreement with the government, file any motion to reduce, modify or alter the fine imposed upon him by the Court. In determining the amount of the fine, the Court shall consider the expected costs to the government of any term of imprisonment, probation, or supervised release. The Court may accept or reject this Agreement, or may defer its decision until it has an opportunity to consider the presentence report. Defendant agrees that the Court may inspect the presentence report before it accepts or rejects this Plea Agreement. If the Court rejects this Agreement, it shall afford the defendant the opportunity to withdraw the plea of guilty and advise the defendant that if the plea is not withdrawn, the sentence may be greater than the maximum provided for in this Agreement.
Sentence Agreement
