Count One definition
Count One. Methamphetamine distribution conspiracy: This count involves all the defendants and is based upon ▇▇▇▇▇▇▇ statements of four defendants, two SOI’s, a cooperating federal defendant, recorded jail calls, other recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures at three search warrants, seizures at three traffic stops, and other corroborating information gathered by investigators. The total conspiracy weight (historical and actual) exceeds 500 grams of methamphetamine.
Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between ▇▇▇▇▇▇ and others where either ▇▇▇▇▇▇ would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant ▇▇▇▇▇▇, it includes a series of actions by him and others concerning a plan to distribute six kilograms of cocaine that ultimately did not occur due to the cocaine being seized elsewhere. However, those were not ▇▇▇▇▇▇’s only activities within the conspiracy. At his arrest, ▇▇▇▇▇▇ identified his voice on several drug related calls from the court ordered wire intercepts and provided a post-Miranda statement about some of those other activities. While the total conspiracy weight (historical and actual) exceeds several kilograms of cocaine and 1000 kilograms of marijuana, Defendant ▇▇▇▇▇▇’s involvement could be determined to be below that due to a lower level of involvement in terms of time, activities and amounts. Therefore, while the parties agree that his drug level should be not less than a level 26, the minimum for the crime to which he is pleading, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 26.
Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between ▇▇▇▇▇▇ and others where either ▇▇▇▇▇▇ would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant ▇▇▇▇▇, it includes a series of situations where he either obtained from ▇▇▇▇▇▇, for later distribution to others, or was aware of or otherwise involved in others obtaining from ▇▇▇▇▇▇, for later distribution, at least 100 kilos of marijuana and 500 grams of cocaine. While the total conspiracy weight (historical and actual) exceeds several kilograms of cocaine, 1000 kilograms of marijuana, and more than 28 grams of crack cocaine, Defendant ▇▇▇▇▇’▇ involvement could be determined to be below that due to a lesser involvement in the conspiracy both in activities and time. Therefore, while the parties agree that ▇▇▇▇▇’▇ drug level cannot be less than a level 26, the minimum level in 2D1.1 for the charge to which he is pleading, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 26.
Examples of Count One in a sentence
Defendant will plead guilty because he is in fact guilty of the charge contained in Count One of the indictment.
The defendant understands that upon his plea of guilty to Count One of the indictment charging him with conspiracy, the maximum penalty the Court may impose is not more than five years of imprisonment, a $250,000.00 fine, three years of supervised release, an order of restitution, and a $100.00 mandatory special assessment which must be paid in full at the time of sentencing.
The defendant agrees to and hereby does plead guilty to Count One of the indictment charging him with a violation of 18 U.S.C. § 371, that is, conspiracy.
Defendant will plead guilty because he is in fact guilty of the charge contained in Count One of the superseding indictment.
Defendant will plead guilty because she is in fact guilty of the charge contained in Count One of the indictment.
The defendant understands that the crime to which he is pleading in Count One of the Indictment is an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act.
The defendant understands that the crime to which he is pleading in Count One of the Indictment, Conspiracy to Distribute methamphetamine in an amount of five-hundred (500) grams or more, is an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act.
By this Plea Agreement, defendant agrees to enter a voluntary plea of guilty to the following count of the indictment: Count One, which charges defendant with mail fraud, in violation of Title 18, United States Code, Section 1341.
The defendant understands that upon her plea of guilty to Count One of the superseding indictment charging her with conspiracy in violation of 18 U.S.C. § 371, the maximum penalty the Court may impose is not more than five years of imprisonment, a $250,000 fine, three years of supervised release.
The defendant understands and acknowledges that as to Count One, the Court may impose a statutory maximum term of imprisonment of up to five (5) years and a fine of up to $10,000, pursuant to 15 U.S.C. § 80b-17.
More Definitions of Count One
Count One. Methamphetamine distribution conspiracy: This count involves all the defendants and is based upon ▇▇▇▇▇▇▇ statements of four defendants, two SOI’s, a cooperating federal defendant, recorded jail calls, other recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures at three search warrants, seizures at three traffic stops, and other corroborating information gathered by investigators. While the total conspiracy weight (historical and actual) exceeds 500 grams of methamphetamine, due to ▇▇▇▇▇▇’ limited involvement from a time standpoint, her exposure should be less than the total for the overall conspiracy.
Count One. On or about and between November 1, 2005 and the date of the Information, the Defendant did unlawfully take an indeterminate number of migratory birds, including one purple ▇▇▇▇▇▇, which died after contact with hydrocarbons contained in an open-topped oil tank operated by the Defendant or its agents in ▇▇▇▇▇▇▇▇ County, in violation of Title 16, United States Code, Sections 703(a) and 707(a).
Count One. The defendant admits that on or about August 20, 2008, in the District of Kansas, and elsewhere, for the purpose of executing a scheme and artifice to defraud, and for obtaining money by means of false and fraudulent pretenses and representations, he devised a plan which caused to be transmitted by means of wire communications in interstate commerce, signals and sounds which transferred money belonging to ▇▇▇▇▇▇ and/or Juhree Ring in the amount of $70,000.00 from Boston, Massachusetts, to an account in New York, New York, so that the money could be provided to the defendant who represented that he was authorized to withdraw these funds when the defendant knew that this was a lie because ▇▇▇▇▇▇ and/or Juhree Ring did not authorize this withdrawal.
Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between ▇▇▇▇▇▇ and others where either ▇▇▇▇▇▇ would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant ▇▇▇▇▇ ▇▇▇▇▇▇▇, it includes a series of situations where he either obtained from ▇▇▇▇▇▇, for later distribution to others, or was aware of or otherwise involved in others obtaining from ▇▇▇▇▇▇, for later distribution, at least 100 kilos of marijuana. While the total conspiracy weight (historical and actual) exceeds 1000 kilograms of marijuana, Defendant ▇▇▇▇▇ ▇▇▇▇▇▇▇’ involvement could be determined to be below that due to a lesser involvement in the conspiracy both in activities and time. Therefore, while the parties agree that ▇▇▇▇▇ ▇▇▇▇▇▇▇’ drug level cannot be less than a level 26, the minimum level in 2D1.1 for the charge to which he is pleading, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 26.
Count One distribution conspiracy: This count involves all the defendants and is based upon intercepted calls on the Title III’s, interviews of non-indicted cooperators, post-arrest statements of several indictees, various SOI’s, recorded calls related to controlled drug buys or attempted buys, several controlled drug buys, drug seizures, and other corroborating information gathered by investigators. This count includes activities between ▇▇▇▇▇▇ and others where either ▇▇▇▇▇▇ would distribute cocaine or marijuana to them or obtain cocaine or marijuana from them, both for further distribution. It also involves attempted, planned, or conspired distribution activities. Specifically to Defendant ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, it includes specific transactions where he obtained from ▇▇▇▇▇▇, or was involved with or otherwise had knowledge of others obtaining from ▇▇▇▇▇▇, for later distribution to others, at least 100 kilos of marijuana and 500 grams of cocaine. Those “specific transactions” include at least two occasions where Defendant ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ was captured on the wire intercepts discussing with ▇▇▇▇▇▇ the law enforcement presence and what to do about it, thereby assisting the conspiracy. While the total conspiracy weight (historical and actual) exceeds several kilograms of cocaine, 100 kilograms of marijuana, and more than 50 grams of crack cocaine, Defendant ▇▇▇▇▇ ▇. ▇▇▇▇▇▇’▇ involvement could be determined to be below that due to a lower level of involvement in activities or time. Therefore, while the parties agree that ▇▇▇▇▇ ▇. ▇▇▇▇▇▇’▇ drug responsibility level cannot be less than a 26, the minimum drug level under U.S.S.G. § 2D1.1 for the drug charge to which he is pleading, the parties further agree that they are free to address the drug level at sentencing should the pre-sentence investigation report or the Court determine a drug level other than a level 26.