050911 tom carter plea deal

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Case309-cr-00863-JSVV Document558 Filed05/10/11 Pclge'1 of 10,.

1 MELINDA HAAG (CABN 132612).United States Attorney2 MIRANDA KANE (CABN 150630)3 Chief, Criminal Division4 TAREK HELOU (CABN 218225) 1 2 : . 1 i h .RVON PERTEET (CABN 242828)5 Assistant United States Attorneys ~I}!)6 450 Golden Gate Ave., Box 36055San Francisco, California 941027 Telephone: (415) 436-7200Fax: (415) 436-72348 E-Mail: [email protected] Attorneys for the United States of America10

11 UNITED STATES DISTRICT COURT12 NORTHERN DISTRICT OF CALIFORNIA13 SAN FRANCISCO DIVISION14

15 UNITED STATES OF AMERlCA, ) No. CR 09-0863 JSW) PLEA AGREEMENT6 ))17 v. ))18 THOMAS LEE CARTER, ))19 Defendant. ))20

21 I, THOMAS LEE CARTER, and the United States Attorney's Office for the Northern22 District of California (hereafter "the government") enter into this written plea agreement (the23 "Agreement") pursuant to Rule 11(c)(l)(A) & 11(c)(l)(C) of the Federal Rules of Criminal24 Procedure:25 The Defendant's Promises26 l. I agree to plead guilty to Count Five of the captioned Superseding Indictment27 charging me with possession of marijuana with the intent to distribute, in violation of21 U.S.c.28 841(a)(1). Iagree that the elements of the offense are as follows: (1) I knowingly possessed

PLEA AGREEMENTCR 09-0863 JSW
mailto:[email protected]:[email protected]


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a. Maximum prison sentence 40 yearsb. Mandatory minimum prison sentence 5 yearsc. Maximum fine $2 milliond. Maximum supervised release term Life supervised releasee. Minimum supervised release term 4 yearsf. Mandatory special assessment $100h. Other possible consequences of guilty plea:

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1 marijuana, and (2) I possessed it with the intent to distribute it to another person. I agree that the2 maximum penalties under 21 U.S.C. 841(a)(1) and 841 (b)(l)(B)(vii) are as follows:3

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910 (1) Mandatory and discretionary denial of federal benefits upon

conviction of drug offenses, 21 U.S.c. 862 and 862a; andRemoval (if I am not a citizen of the United States).

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12 (2)13 I understand that the statute I have violated, 21 U.S.c. 841(b)(l)(B), subjects me to a14 mandatory minimum prison sentence of five years and a maximum prison sentence and fine of 4015 years and $2 million.16 I understand that I am charged in Count Five of the captioned Superseding Indictment1 7 with an offense that involves 100 or more marijuana plants. I understand further that I have the18 right to require the Government to prove to ajury beyond a reasonable doubt the number of19 marijuana plants charged in Count Five. If the Government should not meet its burden of20 proving the number of marijuana plants charged in Count Five, then the above-described21 maximum penalties would be lower.22 2. I agree that I am guilty of the offense to which I will plead guilty, and I agree that23 the following facts are true:24 a. On August 19,2009, I knowingly possessed 604 marijuana plants at my25 property at 1703 Hunter Point Road, Upper Lake, California. I intended to distribute those 60426 marijuana plants, which were seized by the Drug Enforcement Administration ("DEA").27 b. On August 19,2009, I also knowingly possessed 126 marijuana plants at28 1622 Hunter Point Road, Upper Lake, California. I intended to distribute those 126 marijuana



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1 plants, which were seized by the DEA.2 I agree and stipulate that the total amount of marijuana attributable to me for purposes of3 relevant conduct is 730 marijuana plants.

3. I agree to give up all rights that I would have if I chose to proceed to trial,5 including the rights to a jury trial with the assistance of an attorney; to confront and6 cross-examine government witnesses; to remain silent or testify; to move to suppress evidence or7 raise any other Fourth or Fifth Amendment claims; to any further discovery from the8 government.]; and to pursue any affirmative defenses and present evidence. I also agree to give9 up my right to have a jury determine the quantity of drugs involved in the offense charged in10 Count Five of the captioned Superseding Indictment, and I admit to the quantity of drugs11 involved in the offense, for purposes of relevant conduct, as set forth in Paragraph 2.12 4. I agree to give up my right to appeal my conviction, the judgment, and orders of13 the Court. I also agree to waive any right I may have to appeal any aspect of my sentence,14 including any orders relating to forfeiture and/or restitution. In return for the government's15 promises set out below, I agree that the government may reinstate all of the dismissed counts and16 include any other charges by superseding indictment should my case be remanded to district17 court following an appeal for any reason. I further agree that any applicable statute of limitations18 that has not run as of the date the Agreement was signed for any charge arising out of the19 Northern District of California shall be tolled and extended from that date until the date that the20 mandate is spread in the district court from any such appeal.21 5. 1agree to waive any right I may have to file any collateral attack on my conviction22 or sentence, including a petition under 28 U.S.C. 2255 or 28 U.S.C. 2241, or motion under23 18 U.S.c. 3582, at any time in the future after I am sentenced, except for a claim that my24 constitutional right to the effective assistance of counsel was violated in connection with the25 negotiation of this Agreement. I understand that the government will not preserve any physical26 evidence obtained in this case.27 6. 1agree not to ask the Court to withdraw my guilty plea at any time after it is28 entered, unless the Court declines to accept the sentence agreed to by the parties. I



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1 agree that the government may withdraw from this Agreement if the Court does not accept the2 agreed upon sentence set out below. I agree that if the Court does not accept the agreed upon3 sentence set out below, the statute oflimitations shall be tolled from the date Iigned the plea4 agreement until the date the Court does not accept the Agreement. Inderstand that by entering5 into this Agreement: (a) I agree that the facts set forth in Paragraph 2 of this Agreement shall be

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7admissible against me under Fed. R. Evid. 801(d)(2)(A) in any subsequent proceeding, includingat trial in the event Imove to withdraw my guilty plea for any reason other than the Courtdeclining to accept the sentence agreed to by the parties, and (b) I expressly waive any and all

9 rights under Fed. R. Crim. P. 11(f) and Fed. R. Evid. 410 with regard to the facts set forth in10 Paragraph 2 of this Agreement in such subsequent proceeding.11 7. I agree that the Court will use the Sentencing Guidelines to calculate my sentence.12 Iunderstand that the Court must consult those Guidelines and take them into account when13 sentencing, together with the factors set forth in 18 U.S.c. 3553(a). Ilso agree that the14 Sentencing Guidelines offense level will be calculated as follows and that I w ill not ask for any15 other adjustment to or reduction in the offense level or for a downward departure from the16 Guidelines range:1718

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a. Base Offense Level, V.S.S.G. 2Dl.1(a)(3), (c)(10):(730 marijuana plants)22

b. Adjustment for safety valve: -273 kgsc. Amount of drugs: Marijuana (730 plants)

e. Acceptance of Responsibility: If Imeet the requirementsofU.S.S.G. 3El.1, Imay be entitled to a three-levelreduction for acceptance of responsibility, provided that Iforthrightly admit my guilt, cooperate with the Court andthe Probation Office in any presentence investigationordered by the Court, and continue to manifest anacceptance of responsibility through and including thetime of sentencing. -3

f. Adjusted offense level: 17

28 The parties have reached no agreement as to my criminal history level. Igree that, regardless ofPLEA AGREEMENTCR 09-0863 JSW


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1 any other provision in this Agreement, the government may and will provide to the Court and the2 Probation Office all information relevant to the charged offense or the sentencing decision.

8. I agree that a reasonable and appropriate disposition of this case, under the4 Sentencing Guidelines and 18 U.S.C. 3553(a), and the sentence to which the parties have5 agreed, is as follows:6 a. If the government determines that I failed to provide substantial assistance7 as defined in U.S.S.G. 5Kl.l and/or 18 U.S.c. 3553(e), a sentence of 24-30 months8 imprisonment, 4 years of supervised release (with conditions to be fixed by the Court), a fine to9 be fixed by the Court if the Court determines that I have the ability to pay a fine, and a $10010 special assessment;11 b. If I cooperate with the government as set forth in this in Paragraph 9 of12 this plea agreement and the government determines that I have provided substantial assistance as13 defined in U.S.S.G. 5K1.1 and/or 18 U.S.C. 3553(e), a sentence of 4 years probation with14 conditions to be fixed by the Court and the special condition that 6 months be served in home15 detention, a fine to be fixed by the Court if the Court determines that I have the ability to pay a16 fine, and a $100 special assessment.17 I agree that Iwill make a good-faith effort to pay any fine, forfeiture, or restitution Iam18 ordered to pay. Before or after sentencing, I will, upon request of the Court, the government, or19 the U.S. Probation Office, provide accurate and complete financial information, submit sworn20 statements and give depositions under oath concerning my assets and my ability to pay, surrender21 assets I obtained as a result of my crimes, and release funds and property under my control in22 order to pay any fine, forfeiture, or restitution. I agree to pay the special assessment at the time23 of sentencing.24 9. I agree to cooperate with the U.S. Attorney's Office before and after Im25 sentenced. My cooperation will include, but will not be limited to, the following:26 a. I will respond truthfully and completely to any and all questions put to me,whether in interviews, before a grand jury or at any trial or otherproceeding;728 b. I will provide all documents and other material asked for by thegovernment;



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I will testify truthfully at any grand jury, court or other proceeding asrequested by the government;I will surrender any and all assets acquired or obtained directly orindirectly as a result of my illegal conduct;I will request continuances of my sentencing date, as necessary, until mycooperation is completed;I will not reveal my cooperation, or any information related to it, to anyonewithout prior consent of the government.I agree to the forfeiture of the following property (hereinafter "subjectproperty"):(1) Glock 26 firearm (serial number HSZ650), three magazines, andone storage box;(2) One Taurus .357 Magnum revolver (serial number PH 426654) and

six rounds of .357 ammunition;(3) One 90-round .223 magazine for an M-16/AR-15 configuredfirearm; and(4) One JW-200 double-barrel shotgun (serial number JWCI 07805).I admit that the subject property constitutes proceeds from drug traffickingand/or instrumentalities of drug trafficking, and is thus forfeitable to theUnited States pursuant to the provisions of21 U.S.C. 853 and theprocedures outlined in Rule 32.2 of the Federal Rules of CriminalProcedure. I relinquish any and all light, title and interest I may have inthe subject property and withdraw all claims thereto and agree that saidproperty can be forfeited to the United States without further notice to me.I further agree not to assist any other individual in any effort to falselycontest their forfeiture. I further agree to waive all constitutional andstatutory challenges in any manner (including direct appeal, habeas corpus,or any other means) to any forfeiture carried out in accordance with thisAgreement on any grounds, including that the forfeiture constitutes anexcessive fine or punishment, and including statute of limitations.I also agree to consent to the forfeiture, destruction, and/or any otherlawful and appropriate disposition of all firearms or contraband seized byany law enforcement agency in this investigation, including but not limitedto 730 marijuana plants; one Glock 26 firearm (serial nurriber HSZ650),three magazines, and one storage box; one Taurus .357 Magnum revolver(serial number PH 426654) and six rounds of .357 ammunition; one90-round .223 magazine for an M~161AR-15 configured firearm; and onelW-200 double-barrel shotgun (serial number lWCI 07805) seized frommy property during the execution of search warrants in this case on August18,2009. I admit that I am the sole owner of said firearms andcontraband, I relinquish any and all right, title and interest I may have insaid fireanns and contraband, and agree that such right, title and interestcan be forfeited to the United States without further notice to me. I alsoagree that I will not contest any administrative or judicial forfeitureproceeding (whether criminal or civil, state of federal) which may bebrought against said firearms or contraband, nor will I assist any other

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1 prosecution that it is barred by a statute of limitations, if the limitations period has run between2 the date of this Agreement and the date Iam indicted.

13 . Igree that this Agreement contains all of the promises and agreements between4 the government and me, and I will not claim otherwise in the future.5 14. Igree that this Agreement binds the U.S. Attorney's Office for the Northern6 District of California only, and does not bind any other federal, state, or local agency.7 The Govemment's Promises8 15. The government agrees to move to dismiss any open charges pending against the9 defendant in the captioned Superseding Indictment at the time of sentencing.10 16. The government agrees not to file any additional charges against the defendant11 that could be filed as a result of the investigation that led to the pending Superseding Indictment.12 17.

18.The government agrees to recommend the Guidelines calculations set out above..The government agrees not to use any statements made by the defendant pursuant3

14 to this Agreement against him, unless the defendant fails to comply with any promises in this15 Agreement. The government may, however, tell the Court and the U.S. Probation Office about16 the full extent of the defendant's criminal activities in connection with the calculation of the17 Sentencing Guidelines.18 19. If, in its sole and exclusive judgment, the government decides that the defendant19 has cooperated fully and truthfully, provided substantial assistance to law enforcement authorities20 within the meaning ofU.S.S.O. 5Kl.l, and otherwise complied fully with this Agreement, it21 will file with the Court a motion under 5Kl.1 aneIJor 18 U.S.C. 3553(e) that explains the22 nature and extent ofthe defendant's cooperation and recommends a downward departure.23 20. Based on the information now known to it, the government will not oppose a24 downward adjustment of three levels for acceptance of responsibility under U.S.S.G. 3El.125 provided that the defendant forthrightly admits his guilt, cooperates with the Court and the26 Probation Office in any presentence investigation ordered by the Court, and continues to manifest

. 27 an acceptance of responsibility through and including the time of sentencing.28 2l. The government agrees that the reasonable and appropriate sentence in this case



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TAREKHELOUARVON PERTEETAssistant United States Attorneys

Case309-cr-00863-JSW Document558 Filecl05/1 0/11 Pa~189of 10

1 should be as set forth in Paragraph 8 above, unless the defendant violates the Agreement as set2 forth in Paragraphs 8 through 11 above or fails to accept responsibility.3 The Defendant's Affirmations

22. Ionfirm that Iave had adequate time to discuss this case, the evidence, and this5 Agreement with my attorney, and that he has provided me with all the legal advice that I6 requested.7 23. Ionfirm that while Ionsidered signing this Agreement and, at the time Iigned8 it, r was not under the influence of any alcohol, drug, or medicine.9 24. r confirm that my decision to enter my guilty plea is made knowing the charges10 that have been brought against me, any possible defenses, and the benefits and possible11 detriments of proceeding to trial. Ilso confirm that my decision to plead guilty is made12 voluntarily, and no one coerced or threatened me to enter into this Agreement.13 1~~'4 Dated:151617 Dated: c ; I i IJ~ 1 ! 118

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MELINDA HAAGUnited States Attorney

23 Ihave fully explained to my client all the rights that a criminal defendant has and all the24 terms of this Agreement. In my opinion, my client understands all the terms of this Agreement25 III26 III27 III28 III

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and all the rights he is giving up by pleading guilty, and, based on the information now known tome, his decision to plead guilty is knowing and voluntary.

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P LEA AGREEMENTCR 09-0863 JSW

050911 tom carter plea deal

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