Sentencing Procedures. The defendant acknowledges, understands and agrees to the following:
Sentencing Procedures. Defendants acknowledge, understand and agree to the following:
Sentencing Procedures. The defendant acknowledges, understands and agrees to the following: a. in determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United States Sentencing Commission. While these Guidelines are advisory in nature, and the Court ordinarily would have the discretion to impose a 6 sentence either less than or greater than the court-determined advisory Guidelines range, in this instance the parties agree, pursuant to Rule 11(c)(1)(C), that the Court must impose sentence as follows: 1) The defendant, TYSON POULTRY, INC., shall complete not more than 2 years of probation pursuant to 18 U.S.C. § 3561 et. seq. with the United States Probation Office – Western District of Missouri; 2) The defendant, TYSON POULTRY, INC., shall pay a fine in the amount of $1,000,000 for each misdemeanor offense, for a total fine of $2,000,000, pursuant to the Alternative Fines Act, Title 18, United States Code, Section 3571(d). 3) The defendant, TYSON POULTRY, INC., shall pay an additional $500,000.00 as organizational community service, pursuant to U.S.S.G. § 8B1.3, and in furtherance of satisfying the sentencing principles provided for under 18 U.S.C. § 3553(a). $250,000 of the community service payment will be made to the National Fish & Wildlife Foundation, a Congressionally chartered foundation. The overall purpose of the community service payment is to maintain and restore waters of the Western District of Missouri. The parties have agreed that the community service payment should be used specifically for the projects set forth in Attachment A. The other $250,000 community service payment will be to the City of Monett, Missouri, for the purpose of implementing the improvements to its POTW as set forth in Attachment B. 4) The defendant, TYSON POULTRY, INC., shall perform three significant environmental compliance projects that are summarized as follows: a) The defendant, TYSON POULTRY, INC., agrees to fund independent third-party audits of Clean Water Act and Resource Conservation and Recovery Act compliance at all of its feed xxxxx and Wastewater Treatment Plants (WWTPs). The audits will be conducted by an auditor acceptable to the EPA, and TYSON POULTRY, INC., will be obligated to take appropriate action to correct any audit findings. The audits will be open to attendance by the EPA, and the audit results will be shared with the EPA, as well as evidence of any corrective actions taken by the company....
Sentencing Procedures. The Government and defendant acknowledge, understand and agree to the following: a. In determining the appropriate sentence, the Court will consult and consider the United States Sentencing Guidelines promulgated by the United 5 Case 4:13-cr-00135-JTM Document 2 Filed 05/28/13 Page 5 of 60 States Sentencing Commission; these Guidelines, however, are advisory in nature. The defendant understands that the United States Sentencing Guidelines relating to the sentencing of organizations do not apply to the imposition of fines for environmental crimes. U.S.S.G. § 8C2.l. b. The parties understand and agree that this Plea Agreement is entered into and is to be controlled by Federal Rule of Criminal Procedure 1l(c)(l)(C). Accordingly, the parties understand and agree that: (a) if the Court accepts this Plea Agreement, the parties and the Court are bound by the terms of this Plea Agreement; and (b) if the Court does not accept this Plea Agreement, then (i) any party may withdraw from the Plea Agreement and that withdrawal will render this Plea Agreement null and void, (ii) defendant may elect to withdraw any guilty plea previously entered pursuant to this Plea Agreement, and (iii) should defendant elect such withdrawal, the parties shall be restored to their respective claims and defenses prior to the entry of such guilty plea. The parties, having waived a pre-sentence report, request that the Court accept this Plea Agreement and sentence defendant at the time of defendant's entry of its guilty plea. c. The parties agree, subject to approval of the Court, that there is in the record information sufficient to enable a meaningful exercise of sentencing authority under 18 U.S.C. § 3553. Thus, pursuant to Federal Rule of Criminal Procedure 32(c)(1 )(A)(ii), the parties request that the Court waive the preparation of a pre-sentence report in this matter; and that sentencing be held at the time the guilty plea to the Information is entered. d. Restitution is not applicable in this case, and the fine and community service payments imposed herein should represent the full extent of monetary penalties to be imposed on defendant pursuant to this Plea Agreement. Furthermore, defendant expended $3,419,000 million to properly remove and dispose of all materials from Xxxxxxxxx s facilities. 8.
