ttl''! in the united states district courtmedia.al.com/spotnews/other/steele plea...
TRANSCRIPT
FILED ~ ttl IN THE UNITED STATES DISTRICT COURT
UG
~ FOR THE NORTHERN DISTRICT OF ALABAMA 1pound0 SlATES OlSlRlCl COU~ SOUTHERN DIVISION
~1lERN ms1RCT Of ~Bf UNITED STATES OF AMERICA )
) v ) CASE NO 212-cr-00068-RDP-PWG
) BRIAN KEITH STEELE )
also known as ) B )
PLEA AGREEMENT
The Government and defendant hereby acknowledge the following plea
agreement in this case
PLEA
The defendant agrees to plead guilty to COUNTS ONE SIX SEVEN
EIGHT NINE and TEN of the Indictment filed in the above numbered and
captioned matter and consent to an order of forfeiture Regarding the NOTICE of
ASSET FORFEITURE in the Indictment the parties agree and stipulate to the
allegations contained therein and further agree and stipulate to the entry of a
money judgment against the defendant in the amount of $250000 in relation to the
NOTICE ofASSET FORFEITURE In exchange the United States Attorney
acting on behalf of the Government and through the undersigned Assistant United
States Attorney agrees to recommend the disposition specified below subject to
Page 1 of 23 Defendants Initials ~
FILED 2012 Aug-14 PM 0320US DISTRICT COURT
ND OF ALABAMA
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 1 of 23
the conditions in paragraphs VII and VIII
TERMS OF THE AGREEMENT
I MAXIMUM PUNISHMENT
The defendant understands that the maximum statutory punishment that may
be imposed for the crime of Conspiracy to Possess with the Intent to Distribute and
Distribution of Two-Hundred and Eighty (280) Grams or More ofa Mixture and
Substance Containing a Detectable Amount of Cocaine Base (Crack Cocaine)
and Five Kilograms or More of a Mixture and Substance Containing a Detectable
Amount ofCocaine Hydrochloride in violation ofTitle 21 United States Code
Sections 846 841(a)(1) and (b)(l)(A) as charged in COUNT ONE and as
enhanced pursuant to Title 21 United States Code Section 851 is
a Imprisonment for not less than Twenty (20) years nor more than
LIFE
b A fine of not more than $20000000 or
c Both (a and b)
d Supervised release ofnot less than ten (10) years and
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime ofDistribution of a Mixture and Substance
U (JPage 2 of 23 Defendants Initials l) )
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 2 of 23
Containing a Detectable Amount ofCocaine Hydrochloride in violation ofTitle
21 United States Code Sections 841(a)(1) and (b)(1)(C) as charged in COlJNTS
SIX and SEVEN and as enhanced pursuant to Title 21 United States Code
Section 851 is
a Imprisonment for not more than Thirty (30) years
b A fine of not more than $2000000 or
c Both (a and b)
d Supervised release of not less than six (6) years and
L ft () ~ e Special Assessment Fee of$100 Cpta tCA-hi ) liJ fJ-
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Possession with the Intent to Distribute a
Mixture and Substance Containing a Detectable Amount of Cocaine
Hydrochloride in violation ofTitle 21 United States Code Sections 841(a)(1) and
(b)(1)(C) as charged in COUNT EIGHT and as enhanced pursuant to Title 21
United States Code Section 851 is
a Imprisonment for not more than Thirty (30) years
b A fine of not more than $2000000 or
c Both (a and b)
d Supervised release of not less than six (6) years and
Page 3 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 3 of 23
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa
Drug Trafficking Crime in violation of Title 18 United States Code Section
924(c)(1)(A)(i) as charged in COUNT NINE is
a Imprisonment for not less than five years
b A fine of not more than $250000
c Both (a and b)
d Supervised release term of not more than five years and
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Felon in Possession of a Firearm in violation
of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is
a Imprisonment for not more than 10 years
h A fine of not more than $250000 or
c Both (a and b)
d Supervised release of not more than 3 years and
e Special Assessment Fee of$100
Page 4 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23
II FACTUAL BASIS FOR PLEA
The Government is prepared to prove at a minimum the following facts at
the trial ofthis case
OVERVIEW OF THE CONSPIRACY (COUNT ONE)
In August of2009 law enforcement authorities received information from a
confidential source (hereinafter referred to as CS 1) that Michael Shepherd was
dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that
Shepherd had a source of supply for cocaine who dealt in kilogram quantities of
cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to
discuss potential drug transactions Through investigation agents with the Drug
Enforcement Administration (DEA) identified David Larso Lewis as Shepherds
source of supply for cocaine
In February of2010 DEA agents debriefed a confidential source
(hereinafter referred to as CS2) regarding hisher knowledge of Curtis
Washingtons involvement in the distribution of cocaine CS2 advised that
Washington was hislher source ofsupply for crack cocaine and that Washington
was able to obtain multiple ounce quantities ofcrack upon request CS2 also
advised that Washington often brokered drug deals between himselflherself and
hislher source of supply Through investigation and following several controlled
Page 5 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23
purchases of crack from Washington agents later learned that Washingtons
source of supply was also David Larso Lewis
On April 9 2010 DEA agents approached Curtis Washington in an effort to
obtain his possible cooperation in the investigation Washington agreed and
participated in a detailed debriefing of his knowledge of cocaine distribution in the
greater Birmingham area Washington advised that he had being selling cocaine
and crack for most of his adult life He also claimed to have been supplied by an
individual known only to him as Pookie for over 10 years In and around June
2006 Washington met David Larso Lewis who Washington claimed as his current
source of supply for cocaine According to Washington since the summer of
2006 he had been obtaining approximately two to four ounces of powder or
crack cocaine from Lewis every week Washington also gave agents several
telephone numbers for Lewis
Based upon the information provided by Washington DEA agents obtained
call toll records for the cellular telephone numbers for Lewis provided by
Washington Telephone toll analysis revealed that Lewis was in regular contact
with a number of individuals linked to current DEA investigations
On August 112010 Washington contacted DEA agents to advise that
Lewis had contacted him and accused him ofcooperation with law enforcement
Page 6 of 23 Defendants Initials 6J
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23
According to Washington Lewis stated that he was aware that law enforcement
were on to him and that he will not be caught because he would not touch it
meaning that Lewis will no longer sell to retail street dealers but rather will only
deal with large quantities involving those close to him Lewis then warned
Washington not to contact him directly Lewis said that he would contact
Washington ifhe had cocaine to selL Finally he advised Washington that he
would be obtaining a new telephone number with a 413 area code
On January 28 2011 DEA agents established surveillance on David Lewis
who was at an apartment in Hoover Alabama where he would often stay with his
girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his
identity agents approached Lewis who was seated in the drivers seat of his 2007
black Chevrolet Corvette convertible Agents detained Lewis briefly while other
DEA agents approached the apartment and obtained consent to search from Ms
Jones During a search ofthe apartment agents recovered a Kimber45 caliber
pistol four digital scales and other drug related items Agents also discovered a
safe for which they did not have a combination Lewis who was transported to the
Birmingham DEA office for questioning was asked for consent to search the safe
Lewis gave consent and provided agents with the combination Inside agents
recovered several quantities of marijuana totaling 1814 net grams
Page 7 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
the conditions in paragraphs VII and VIII
TERMS OF THE AGREEMENT
I MAXIMUM PUNISHMENT
The defendant understands that the maximum statutory punishment that may
be imposed for the crime of Conspiracy to Possess with the Intent to Distribute and
Distribution of Two-Hundred and Eighty (280) Grams or More ofa Mixture and
Substance Containing a Detectable Amount of Cocaine Base (Crack Cocaine)
and Five Kilograms or More of a Mixture and Substance Containing a Detectable
Amount ofCocaine Hydrochloride in violation ofTitle 21 United States Code
Sections 846 841(a)(1) and (b)(l)(A) as charged in COUNT ONE and as
enhanced pursuant to Title 21 United States Code Section 851 is
a Imprisonment for not less than Twenty (20) years nor more than
LIFE
b A fine of not more than $20000000 or
c Both (a and b)
d Supervised release ofnot less than ten (10) years and
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime ofDistribution of a Mixture and Substance
U (JPage 2 of 23 Defendants Initials l) )
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 2 of 23
Containing a Detectable Amount ofCocaine Hydrochloride in violation ofTitle
21 United States Code Sections 841(a)(1) and (b)(1)(C) as charged in COlJNTS
SIX and SEVEN and as enhanced pursuant to Title 21 United States Code
Section 851 is
a Imprisonment for not more than Thirty (30) years
b A fine of not more than $2000000 or
c Both (a and b)
d Supervised release of not less than six (6) years and
L ft () ~ e Special Assessment Fee of$100 Cpta tCA-hi ) liJ fJ-
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Possession with the Intent to Distribute a
Mixture and Substance Containing a Detectable Amount of Cocaine
Hydrochloride in violation ofTitle 21 United States Code Sections 841(a)(1) and
(b)(1)(C) as charged in COUNT EIGHT and as enhanced pursuant to Title 21
United States Code Section 851 is
a Imprisonment for not more than Thirty (30) years
b A fine of not more than $2000000 or
c Both (a and b)
d Supervised release of not less than six (6) years and
Page 3 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 3 of 23
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa
Drug Trafficking Crime in violation of Title 18 United States Code Section
924(c)(1)(A)(i) as charged in COUNT NINE is
a Imprisonment for not less than five years
b A fine of not more than $250000
c Both (a and b)
d Supervised release term of not more than five years and
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Felon in Possession of a Firearm in violation
of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is
a Imprisonment for not more than 10 years
h A fine of not more than $250000 or
c Both (a and b)
d Supervised release of not more than 3 years and
e Special Assessment Fee of$100
Page 4 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23
II FACTUAL BASIS FOR PLEA
The Government is prepared to prove at a minimum the following facts at
the trial ofthis case
OVERVIEW OF THE CONSPIRACY (COUNT ONE)
In August of2009 law enforcement authorities received information from a
confidential source (hereinafter referred to as CS 1) that Michael Shepherd was
dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that
Shepherd had a source of supply for cocaine who dealt in kilogram quantities of
cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to
discuss potential drug transactions Through investigation agents with the Drug
Enforcement Administration (DEA) identified David Larso Lewis as Shepherds
source of supply for cocaine
In February of2010 DEA agents debriefed a confidential source
(hereinafter referred to as CS2) regarding hisher knowledge of Curtis
Washingtons involvement in the distribution of cocaine CS2 advised that
Washington was hislher source ofsupply for crack cocaine and that Washington
was able to obtain multiple ounce quantities ofcrack upon request CS2 also
advised that Washington often brokered drug deals between himselflherself and
hislher source of supply Through investigation and following several controlled
Page 5 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23
purchases of crack from Washington agents later learned that Washingtons
source of supply was also David Larso Lewis
On April 9 2010 DEA agents approached Curtis Washington in an effort to
obtain his possible cooperation in the investigation Washington agreed and
participated in a detailed debriefing of his knowledge of cocaine distribution in the
greater Birmingham area Washington advised that he had being selling cocaine
and crack for most of his adult life He also claimed to have been supplied by an
individual known only to him as Pookie for over 10 years In and around June
2006 Washington met David Larso Lewis who Washington claimed as his current
source of supply for cocaine According to Washington since the summer of
2006 he had been obtaining approximately two to four ounces of powder or
crack cocaine from Lewis every week Washington also gave agents several
telephone numbers for Lewis
Based upon the information provided by Washington DEA agents obtained
call toll records for the cellular telephone numbers for Lewis provided by
Washington Telephone toll analysis revealed that Lewis was in regular contact
with a number of individuals linked to current DEA investigations
On August 112010 Washington contacted DEA agents to advise that
Lewis had contacted him and accused him ofcooperation with law enforcement
Page 6 of 23 Defendants Initials 6J
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23
According to Washington Lewis stated that he was aware that law enforcement
were on to him and that he will not be caught because he would not touch it
meaning that Lewis will no longer sell to retail street dealers but rather will only
deal with large quantities involving those close to him Lewis then warned
Washington not to contact him directly Lewis said that he would contact
Washington ifhe had cocaine to selL Finally he advised Washington that he
would be obtaining a new telephone number with a 413 area code
On January 28 2011 DEA agents established surveillance on David Lewis
who was at an apartment in Hoover Alabama where he would often stay with his
girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his
identity agents approached Lewis who was seated in the drivers seat of his 2007
black Chevrolet Corvette convertible Agents detained Lewis briefly while other
DEA agents approached the apartment and obtained consent to search from Ms
Jones During a search ofthe apartment agents recovered a Kimber45 caliber
pistol four digital scales and other drug related items Agents also discovered a
safe for which they did not have a combination Lewis who was transported to the
Birmingham DEA office for questioning was asked for consent to search the safe
Lewis gave consent and provided agents with the combination Inside agents
recovered several quantities of marijuana totaling 1814 net grams
Page 7 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
Containing a Detectable Amount ofCocaine Hydrochloride in violation ofTitle
21 United States Code Sections 841(a)(1) and (b)(1)(C) as charged in COlJNTS
SIX and SEVEN and as enhanced pursuant to Title 21 United States Code
Section 851 is
a Imprisonment for not more than Thirty (30) years
b A fine of not more than $2000000 or
c Both (a and b)
d Supervised release of not less than six (6) years and
L ft () ~ e Special Assessment Fee of$100 Cpta tCA-hi ) liJ fJ-
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Possession with the Intent to Distribute a
Mixture and Substance Containing a Detectable Amount of Cocaine
Hydrochloride in violation ofTitle 21 United States Code Sections 841(a)(1) and
(b)(1)(C) as charged in COUNT EIGHT and as enhanced pursuant to Title 21
United States Code Section 851 is
a Imprisonment for not more than Thirty (30) years
b A fine of not more than $2000000 or
c Both (a and b)
d Supervised release of not less than six (6) years and
Page 3 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 3 of 23
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa
Drug Trafficking Crime in violation of Title 18 United States Code Section
924(c)(1)(A)(i) as charged in COUNT NINE is
a Imprisonment for not less than five years
b A fine of not more than $250000
c Both (a and b)
d Supervised release term of not more than five years and
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Felon in Possession of a Firearm in violation
of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is
a Imprisonment for not more than 10 years
h A fine of not more than $250000 or
c Both (a and b)
d Supervised release of not more than 3 years and
e Special Assessment Fee of$100
Page 4 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23
II FACTUAL BASIS FOR PLEA
The Government is prepared to prove at a minimum the following facts at
the trial ofthis case
OVERVIEW OF THE CONSPIRACY (COUNT ONE)
In August of2009 law enforcement authorities received information from a
confidential source (hereinafter referred to as CS 1) that Michael Shepherd was
dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that
Shepherd had a source of supply for cocaine who dealt in kilogram quantities of
cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to
discuss potential drug transactions Through investigation agents with the Drug
Enforcement Administration (DEA) identified David Larso Lewis as Shepherds
source of supply for cocaine
In February of2010 DEA agents debriefed a confidential source
(hereinafter referred to as CS2) regarding hisher knowledge of Curtis
Washingtons involvement in the distribution of cocaine CS2 advised that
Washington was hislher source ofsupply for crack cocaine and that Washington
was able to obtain multiple ounce quantities ofcrack upon request CS2 also
advised that Washington often brokered drug deals between himselflherself and
hislher source of supply Through investigation and following several controlled
Page 5 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23
purchases of crack from Washington agents later learned that Washingtons
source of supply was also David Larso Lewis
On April 9 2010 DEA agents approached Curtis Washington in an effort to
obtain his possible cooperation in the investigation Washington agreed and
participated in a detailed debriefing of his knowledge of cocaine distribution in the
greater Birmingham area Washington advised that he had being selling cocaine
and crack for most of his adult life He also claimed to have been supplied by an
individual known only to him as Pookie for over 10 years In and around June
2006 Washington met David Larso Lewis who Washington claimed as his current
source of supply for cocaine According to Washington since the summer of
2006 he had been obtaining approximately two to four ounces of powder or
crack cocaine from Lewis every week Washington also gave agents several
telephone numbers for Lewis
Based upon the information provided by Washington DEA agents obtained
call toll records for the cellular telephone numbers for Lewis provided by
Washington Telephone toll analysis revealed that Lewis was in regular contact
with a number of individuals linked to current DEA investigations
On August 112010 Washington contacted DEA agents to advise that
Lewis had contacted him and accused him ofcooperation with law enforcement
Page 6 of 23 Defendants Initials 6J
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23
According to Washington Lewis stated that he was aware that law enforcement
were on to him and that he will not be caught because he would not touch it
meaning that Lewis will no longer sell to retail street dealers but rather will only
deal with large quantities involving those close to him Lewis then warned
Washington not to contact him directly Lewis said that he would contact
Washington ifhe had cocaine to selL Finally he advised Washington that he
would be obtaining a new telephone number with a 413 area code
On January 28 2011 DEA agents established surveillance on David Lewis
who was at an apartment in Hoover Alabama where he would often stay with his
girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his
identity agents approached Lewis who was seated in the drivers seat of his 2007
black Chevrolet Corvette convertible Agents detained Lewis briefly while other
DEA agents approached the apartment and obtained consent to search from Ms
Jones During a search ofthe apartment agents recovered a Kimber45 caliber
pistol four digital scales and other drug related items Agents also discovered a
safe for which they did not have a combination Lewis who was transported to the
Birmingham DEA office for questioning was asked for consent to search the safe
Lewis gave consent and provided agents with the combination Inside agents
recovered several quantities of marijuana totaling 1814 net grams
Page 7 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa
Drug Trafficking Crime in violation of Title 18 United States Code Section
924(c)(1)(A)(i) as charged in COUNT NINE is
a Imprisonment for not less than five years
b A fine of not more than $250000
c Both (a and b)
d Supervised release term of not more than five years and
e Special Assessment Fee of$100
The defendant further understands that the maximum statutory punishment
that may be imposed for the crime of Felon in Possession of a Firearm in violation
of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is
a Imprisonment for not more than 10 years
h A fine of not more than $250000 or
c Both (a and b)
d Supervised release of not more than 3 years and
e Special Assessment Fee of$100
Page 4 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23
II FACTUAL BASIS FOR PLEA
The Government is prepared to prove at a minimum the following facts at
the trial ofthis case
OVERVIEW OF THE CONSPIRACY (COUNT ONE)
In August of2009 law enforcement authorities received information from a
confidential source (hereinafter referred to as CS 1) that Michael Shepherd was
dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that
Shepherd had a source of supply for cocaine who dealt in kilogram quantities of
cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to
discuss potential drug transactions Through investigation agents with the Drug
Enforcement Administration (DEA) identified David Larso Lewis as Shepherds
source of supply for cocaine
In February of2010 DEA agents debriefed a confidential source
(hereinafter referred to as CS2) regarding hisher knowledge of Curtis
Washingtons involvement in the distribution of cocaine CS2 advised that
Washington was hislher source ofsupply for crack cocaine and that Washington
was able to obtain multiple ounce quantities ofcrack upon request CS2 also
advised that Washington often brokered drug deals between himselflherself and
hislher source of supply Through investigation and following several controlled
Page 5 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23
purchases of crack from Washington agents later learned that Washingtons
source of supply was also David Larso Lewis
On April 9 2010 DEA agents approached Curtis Washington in an effort to
obtain his possible cooperation in the investigation Washington agreed and
participated in a detailed debriefing of his knowledge of cocaine distribution in the
greater Birmingham area Washington advised that he had being selling cocaine
and crack for most of his adult life He also claimed to have been supplied by an
individual known only to him as Pookie for over 10 years In and around June
2006 Washington met David Larso Lewis who Washington claimed as his current
source of supply for cocaine According to Washington since the summer of
2006 he had been obtaining approximately two to four ounces of powder or
crack cocaine from Lewis every week Washington also gave agents several
telephone numbers for Lewis
Based upon the information provided by Washington DEA agents obtained
call toll records for the cellular telephone numbers for Lewis provided by
Washington Telephone toll analysis revealed that Lewis was in regular contact
with a number of individuals linked to current DEA investigations
On August 112010 Washington contacted DEA agents to advise that
Lewis had contacted him and accused him ofcooperation with law enforcement
Page 6 of 23 Defendants Initials 6J
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23
According to Washington Lewis stated that he was aware that law enforcement
were on to him and that he will not be caught because he would not touch it
meaning that Lewis will no longer sell to retail street dealers but rather will only
deal with large quantities involving those close to him Lewis then warned
Washington not to contact him directly Lewis said that he would contact
Washington ifhe had cocaine to selL Finally he advised Washington that he
would be obtaining a new telephone number with a 413 area code
On January 28 2011 DEA agents established surveillance on David Lewis
who was at an apartment in Hoover Alabama where he would often stay with his
girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his
identity agents approached Lewis who was seated in the drivers seat of his 2007
black Chevrolet Corvette convertible Agents detained Lewis briefly while other
DEA agents approached the apartment and obtained consent to search from Ms
Jones During a search ofthe apartment agents recovered a Kimber45 caliber
pistol four digital scales and other drug related items Agents also discovered a
safe for which they did not have a combination Lewis who was transported to the
Birmingham DEA office for questioning was asked for consent to search the safe
Lewis gave consent and provided agents with the combination Inside agents
recovered several quantities of marijuana totaling 1814 net grams
Page 7 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
II FACTUAL BASIS FOR PLEA
The Government is prepared to prove at a minimum the following facts at
the trial ofthis case
OVERVIEW OF THE CONSPIRACY (COUNT ONE)
In August of2009 law enforcement authorities received information from a
confidential source (hereinafter referred to as CS 1) that Michael Shepherd was
dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that
Shepherd had a source of supply for cocaine who dealt in kilogram quantities of
cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to
discuss potential drug transactions Through investigation agents with the Drug
Enforcement Administration (DEA) identified David Larso Lewis as Shepherds
source of supply for cocaine
In February of2010 DEA agents debriefed a confidential source
(hereinafter referred to as CS2) regarding hisher knowledge of Curtis
Washingtons involvement in the distribution of cocaine CS2 advised that
Washington was hislher source ofsupply for crack cocaine and that Washington
was able to obtain multiple ounce quantities ofcrack upon request CS2 also
advised that Washington often brokered drug deals between himselflherself and
hislher source of supply Through investigation and following several controlled
Page 5 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23
purchases of crack from Washington agents later learned that Washingtons
source of supply was also David Larso Lewis
On April 9 2010 DEA agents approached Curtis Washington in an effort to
obtain his possible cooperation in the investigation Washington agreed and
participated in a detailed debriefing of his knowledge of cocaine distribution in the
greater Birmingham area Washington advised that he had being selling cocaine
and crack for most of his adult life He also claimed to have been supplied by an
individual known only to him as Pookie for over 10 years In and around June
2006 Washington met David Larso Lewis who Washington claimed as his current
source of supply for cocaine According to Washington since the summer of
2006 he had been obtaining approximately two to four ounces of powder or
crack cocaine from Lewis every week Washington also gave agents several
telephone numbers for Lewis
Based upon the information provided by Washington DEA agents obtained
call toll records for the cellular telephone numbers for Lewis provided by
Washington Telephone toll analysis revealed that Lewis was in regular contact
with a number of individuals linked to current DEA investigations
On August 112010 Washington contacted DEA agents to advise that
Lewis had contacted him and accused him ofcooperation with law enforcement
Page 6 of 23 Defendants Initials 6J
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23
According to Washington Lewis stated that he was aware that law enforcement
were on to him and that he will not be caught because he would not touch it
meaning that Lewis will no longer sell to retail street dealers but rather will only
deal with large quantities involving those close to him Lewis then warned
Washington not to contact him directly Lewis said that he would contact
Washington ifhe had cocaine to selL Finally he advised Washington that he
would be obtaining a new telephone number with a 413 area code
On January 28 2011 DEA agents established surveillance on David Lewis
who was at an apartment in Hoover Alabama where he would often stay with his
girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his
identity agents approached Lewis who was seated in the drivers seat of his 2007
black Chevrolet Corvette convertible Agents detained Lewis briefly while other
DEA agents approached the apartment and obtained consent to search from Ms
Jones During a search ofthe apartment agents recovered a Kimber45 caliber
pistol four digital scales and other drug related items Agents also discovered a
safe for which they did not have a combination Lewis who was transported to the
Birmingham DEA office for questioning was asked for consent to search the safe
Lewis gave consent and provided agents with the combination Inside agents
recovered several quantities of marijuana totaling 1814 net grams
Page 7 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
purchases of crack from Washington agents later learned that Washingtons
source of supply was also David Larso Lewis
On April 9 2010 DEA agents approached Curtis Washington in an effort to
obtain his possible cooperation in the investigation Washington agreed and
participated in a detailed debriefing of his knowledge of cocaine distribution in the
greater Birmingham area Washington advised that he had being selling cocaine
and crack for most of his adult life He also claimed to have been supplied by an
individual known only to him as Pookie for over 10 years In and around June
2006 Washington met David Larso Lewis who Washington claimed as his current
source of supply for cocaine According to Washington since the summer of
2006 he had been obtaining approximately two to four ounces of powder or
crack cocaine from Lewis every week Washington also gave agents several
telephone numbers for Lewis
Based upon the information provided by Washington DEA agents obtained
call toll records for the cellular telephone numbers for Lewis provided by
Washington Telephone toll analysis revealed that Lewis was in regular contact
with a number of individuals linked to current DEA investigations
On August 112010 Washington contacted DEA agents to advise that
Lewis had contacted him and accused him ofcooperation with law enforcement
Page 6 of 23 Defendants Initials 6J
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23
According to Washington Lewis stated that he was aware that law enforcement
were on to him and that he will not be caught because he would not touch it
meaning that Lewis will no longer sell to retail street dealers but rather will only
deal with large quantities involving those close to him Lewis then warned
Washington not to contact him directly Lewis said that he would contact
Washington ifhe had cocaine to selL Finally he advised Washington that he
would be obtaining a new telephone number with a 413 area code
On January 28 2011 DEA agents established surveillance on David Lewis
who was at an apartment in Hoover Alabama where he would often stay with his
girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his
identity agents approached Lewis who was seated in the drivers seat of his 2007
black Chevrolet Corvette convertible Agents detained Lewis briefly while other
DEA agents approached the apartment and obtained consent to search from Ms
Jones During a search ofthe apartment agents recovered a Kimber45 caliber
pistol four digital scales and other drug related items Agents also discovered a
safe for which they did not have a combination Lewis who was transported to the
Birmingham DEA office for questioning was asked for consent to search the safe
Lewis gave consent and provided agents with the combination Inside agents
recovered several quantities of marijuana totaling 1814 net grams
Page 7 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
According to Washington Lewis stated that he was aware that law enforcement
were on to him and that he will not be caught because he would not touch it
meaning that Lewis will no longer sell to retail street dealers but rather will only
deal with large quantities involving those close to him Lewis then warned
Washington not to contact him directly Lewis said that he would contact
Washington ifhe had cocaine to selL Finally he advised Washington that he
would be obtaining a new telephone number with a 413 area code
On January 28 2011 DEA agents established surveillance on David Lewis
who was at an apartment in Hoover Alabama where he would often stay with his
girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his
identity agents approached Lewis who was seated in the drivers seat of his 2007
black Chevrolet Corvette convertible Agents detained Lewis briefly while other
DEA agents approached the apartment and obtained consent to search from Ms
Jones During a search ofthe apartment agents recovered a Kimber45 caliber
pistol four digital scales and other drug related items Agents also discovered a
safe for which they did not have a combination Lewis who was transported to the
Birmingham DEA office for questioning was asked for consent to search the safe
Lewis gave consent and provided agents with the combination Inside agents
recovered several quantities of marijuana totaling 1814 net grams
Page 7 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
After being advised ofhis Miranda rights Lewis waived his rights and
agreed to speak with agents Lewis admitted to selling marijuana in order to
finance his lifestyle He also provided details regarding his marijuana source of
supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend
known to him as B for Brian Lewis claimed that B was a multi-kilogram
level cocaine dealer He further admitted that on occasions he had made deliveries
ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis
claimed that he was never paid for those transactions Lewis provided agents with
a telephone number for B and agreed to assist agents in investigating him
Through investigation agents identified B as the defendant Brian Keith Steele
Additionally Lewis agreed to begin making controlled purchases of cocaine from
Steele Lewis did in fact make controlled purchases from Steele on behalf of
DEA Those charges are reflected in Counts Six and Seven of the indictment in
this case
In an interview ofFebruary 2012 Lewis advised that he began buying
cocaine from Brian Steele in June of2006 According to Lewis he purchased one
ounce to four and a half ounce quantities of cocaine from Steele on approximately
15 different occasions Agents confirmed that Steele was supplying Lewis with
cocaine during the same period of time in which Lewis was supplying Shepherd
Page 8 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
and Washington Lewis also recounted four separate instances in 2009 when he
observed Steele sell at least two kilograms ofcocaine to another drug dealer At
these deals Lewis estimated that he observed Steele sell more than 6 to 10
kilograms of powder cocaine to this individual
March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)
On March 9 2011 DEA agents met David Larso Lewis to attempt a
controlled purchase of two and a quarter ounces of powder cocaine from Brian
Steele In preparation of the deal agents thoroughly searched Lewis and his
vehicle for drugs weapons money or any type ofcontraband Finding none
agents directed Lewis to place a recorded telephone call to Steele in order to set up
the deaL The men agreed on the sale of two and a quarter ounces of cocaine in
exchange for $2000 The deal was set to take place at Steeles residence in
Birmingham Lewis was outfitted with an audio monitoring and recording device
provided with the $2000 buy money and followed to Steeles residence
Agents on surveillance videotaped Lewis as he waited for Steele to arrive
Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next
to Steele Agents knew this car to be associated with Steele In addition Steele
was positively identified by agents familiar with his appearance as he pulled up
Page 9 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
next to Lewis Agents then saw Lewis exit his car and get into the front passenger
seat of Steeles car After a short price negotiation and discussion regarding the
quality of the cocaine the two men exchanged the drugs for the agreed upon price
of$1950 Two minutes later Lewis left Steeles car and drove away in his own
car followed by DBA agents
Following the transaction Lewis met with agents and turned over the
suspected cocaine the remaining $50 of buy money and the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of624
grams
March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)
On March 292011 DBA agents met with David Lewis to attempt a
controlled purchase of four and a half ounces of cocaine from Brian Steele In a
similar manner to that set forth above Lewis was directed to place a telephone call
to Steele in order to set up the deal The men agreed on the sale of four and a half
ounces ofcocaine for $3800 Before the deal agents had established surveillance
at Steeles home Shortly after plans for the deal had been established agents
observed Steele leaving his home in the silver Chevrolet Impala referenced in
Page 10 of 23 Defendants Initials 6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
Count Six above Like the deal before Lewis and his vehicle were thoroughly
searched for drugs weapons money or any type ofcontraband None were found
Lewis was again outfitted with an audio monitoring and recording device provided
with the $3800 buy money and followed to the location set for the meeting
Agents followed Steele from his home to the meet location where he pulled
into a nearby Burger King exited his car and entered the restaurant where he
ordered food Agents who were following Lewis then watched Lewis pull up to
the nearby meet location and wait for Steele Two minutes later Steele left the
Burger King and walked over to where Lewis was waiting The meeting which
was videotaped included a brief discussion during which Steele placed the food
purchased in the Burger King into Lewiss car He was also seen placing a second
brown paper bag in the car for which Lewis gave him the $3800
Following the transaction Lewis met with agents and turned over the brown
paper bag containing the suspected cocaine as well as the recording equipment
The substance was processed as evidence and submitted to the drug laboratory for
testing which confirmed it to be cocaine hydrochloride with a net weight of 1215
grams
Page 11 of 23 Defendants Initials amp
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)
Based in part upon probable cause established from the controlled purchase
of four and a half ounces of powder cocaine from Brian Steele on March 29 2011
agents with the DEA obtained and executed a State ofAlabama search warrant at
Steeles residence located at 509 4th Street SW in Birmingham
Upon entering the home agents secured the residence and detained Brian
Steele the sole occupant of the house Agents used a digital camera to photograph
the rooms of the house and the items of evidentiary value seized
In a rear room of the home from inside a laundry hamper agents seized a
purple Crown Royal bag containing a clear plastic bag and another plastic grocery
bag Both of the plastic bags contained a white powdery substance believed to be
cocaine The items were seized and processed as evidence
Inside a dresser drawer of the master bedroom agents found a plastic bag
containing what appeared to be cocaine And from the left rear bedroom closet
agents seized a red Pooh Bear bag containing digital scales clear plastic baggies
and a separate plastic bag holding what agents believed to be cocaine From that
same closet agents seized a glass Pyrex measuring cup found inside a football
helmet lying on the floor of the closet From a black leather jacket hanging in the
same closet agents seized a Glock40 caliber pistol with accompanying magazine
Page 12 of 23 Defendants Initiats6S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
loaded with 10 rounds of 40 caliber ammunition From the master bedroom
agents seized an additional magazine for the gun also loaded with 10 rounds of 40
caliber ammunition Finally agents seized various documents associated with
Brian Steele from the home
As a convicted felon Steele was prohibited from possessing a firearm On
July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to
the offense ofUnlawful Possession ofa Controlled Substance in case number
CC94-002045
The Glock40 caliber pistol seized was manufactured outside ofAlabama
test-fired and found to function as designed
The amounts of suspected cocaine were processed as evidence and submitted
to the DEA drug testing laboratory for confirmatory testing which revealed the
presence ofcocaine hydrochloride with separately tested net weights of2461
grams 54 grams and 22 grams
The defendant hereby stipulates that the facts stated above are
substantially correct and that the Court can use these facts in calculating the
defendants sentence The defendant further acknowledges that these facts
Page 13 of 23 Defendants Initials M
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
do not constitute all of the evidence of each and every act that the defendant
andor any co-conspirators may have committed
~~)ZA~ BRIAN KEITH STEELE
III RECOMMENDED SENTENCE
Subject to the limitations in paragraph X regarding subsequent conduct and
pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of
substantial assistance by the defendant will recommend the following
disposition
(a) That the defendant be awarded an appropriate reduction in
offense level for acceptance of responsibility
(b) That the defendant be remanded to the custody of the Bureau of
Prisons and incarcerated for a term consistent with the low end
of the advisory United States Sentencing Guideline range as
that is determined by the court on the date that the sentence is
pronounced
(c) That following the said term of imprisonment the defendant be
placed on supervised release for a period to be determined by
the court subject to the standard conditions of supervised
Page 14 of 23 Defendants Initials tsshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
release as set forth in USSG sect 5D13 and any other special
conditions set by the court
(d) That the defendant be required to pay a fine in accordance with
the sentencing guidelines said amount due and owing as of the
date sentence is pronounced with any outstanding balance to be
paid in full by the expiration ofthe term of supervised release
(e) That the defendant be required to pay restitution as ordered by
the court on the date sentence is pronounced if the court so
orders restitution at all and
(f) That the defendant pay a special assessment fee of $600
said amount due and owing as of the date sentence is
pronounced
IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF
In consideration of the recommended disposition of this case I BRIAN
KEITH STEELE hereby waive and give up my right to appeal my conviction
andor sentence in this case as well as any fines restitution and forfeiture
orders the court might impose Further I waive and give up the right to
challenge my conviction andor sentence any fines restitution forfeiture
orders imposed or the manner in which my conviction andor sentence any
Page 15 of 23 Defendants Initials 73fshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
fines restitution and forfeiture orders were determined in any postshy
conviction proceeding including but not limited to a motion brought under
28 usc sect 2255
The defendant reserves the right to contest in an appeal or postshy
conviction proceeding the following
(a) Any sentence imposed in excess of the applicable statutory
maximum sentence(s)
(b) Any sentence imposed in excess of the guideline sentencing
range determined by the court at the time sentence is
im posed and
(c) Ineffective assistance of counsel
The defendant acknowledges that before giving up these rights the
defendant discussed the Federal Sentencing Guidelines and their application
to the defendants case with the defendants attorney who explained them to
the defendants satisfaction The defendant further acknowledges and
understands that the government retains its right to appeal where authorized
by statute
I BRIAN KEITH STEELE hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs and
Page 16 of 23 Defendants Initials ~S
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
that I am knowingly and voluntarily entering into this waiver
-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=
V UNITED STATES SENTENCING GUIDELINES
Defendants counsel has explained to the defendant that in light of the
United States Supreme Courts decision in United States v Booker the federal
sentencing guidelines are advisory in nature Sentencing is in the courts
discretion and is no longer required to be within the guideline range The
defendant agrees that pursuant to this agreement the court may use facts it finds
by a preponderance of the evidence to reach an advisory guideline range and
defendant explicitly waives any right to have those facts found by a jury beyond a
reasonable doubt
VI AGREEMENT NOT BINDING ON COURT
The defendant fully and completely understands and agrees that it is the
Courts duty to impose sentence upon the defendant and that any sentence
recommended by the government is NOT BINDING UPON THE COURT and
that the Court is not required to accept the governments recommendation Further
the defendant understands that if the Court does not accept the governments
Page 17 of 23 Defendants Initials 6$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
recommendation the defendant does not have the right to withdraw the guilty plea
VII VOIDING OF AGREEMENT
The defendant understands that should the defendant move the Court to
accept the defendants plea of guilty in accordance with or pursuant to the
provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of
nolo contendere to the charges this agreement will become NULL and VOID In
that event the Government will not be bound by any of the terms conditions or
recommendations express or implied which are contained herein
VIII SUBSEQUENT CONDUCT
The defendant understands that should the defendant violate any
condition of pretrial release or violate any federal state or local law or
should the defendant say or do something that is inconsistent with acceptance
of responsibility the United States will no longer be bound by its obligation to
make the recommendations set forth in paragraph III of the Agreement but
instead may make any recommendation deemed appropriate by the United
States Attorney in her sole discretion
Page 18 of 23 Defendants Initials 6s
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
IX OTHER DISTRICTS AND JURISDICTIONS
The defendant understands and agrees that this agreement DOES NOT
BIND any other United States Attorney in any other district or any other state or
local authority
X COLLECTION OF FINANCIAL OBLIGATION
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution the defendant agrees to fully disclose all assets in
which the defendant has any interest or over which the defendant exercises control
directly or indirectly including those held by a spouse nominee or other third
party The defendant also will promptly submit a completed financial statement to
the United States Attorneys Office in a form that it provides and as it directs The
defendant also agrees that the defendants financial statement and disclosures will
be complete accurate and truthful Finally the defendant expressly authorizes the
United States Attorneys Office to obtain a credit report on the defendant in order
to evaluate the defendants ability to satisfY any financial obligation imposed by
the Court
Page 19 of 23 Defendants Initials 6sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION
As part of the defendants plea agreement the defendant admits to the above
facts associated with the charges and relevant conduct for any other acts The
defendant understands and agrees that the relevant conduct contained in the factual
basis will be used by the Court to determine the defendants range ofpunishment
under the advisory sentencing guidelines The defendant admits that all of the
crimes listed in the factual basis are part of the same acts scheme and course of
conduct This agreement is not meant however to prohibit the United States
Probation Office or the Court from considering any other acts and factors which
may constitute or relate to relevant conduct Additionally if this agreement
contains any provisions providing for the dismissal of any counts the defendant
agrees to pay any appropriate restitution to each of the separate and proximate
victims related to those counts should there be any
XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS
Unless otherwise specified herein the defendant understands and
acknowledges that this agreement does not apply to or in any way limit any
pending or prospective proceedings related to defendants tax liabilities ifany or
Page 20 of 23 Defendants Initials ~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
to any pending or prospective forfeiture or other civil or administrative
proceedings
Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States Under
federal law a broad range of crimes are removable offenses including the
offense(s) to which defendant is pleading guilty Removal and other immigration
consequences are the subject of a separate proceeding however and defendant
understands that no one including his attorney or the district court can predict to a
certainty the effect of his conviction on his immigration status Defendant
nevertheless affirms that he wants to plead guilty regardless of any immigration
consequences that his plea may entail even if the consequence is his automatic
removal from the United States
XIII DEFENDANTS UNDERSTANDING
I have read and understand the provisions of this agreement consisting of
Twenty-Three (23) pages I have discussed the case and my constitutional and
other rights with my lawyer I am satisfied with my lawyers representation in this
case I understand that by pleading guilty I will be waiving and giving up my
right to continue to plead not guilty to a trial by jury to the assistance of counsel
at that trial to confront cross-examine or compel the attendance of witnesses to
Page 21 of 23 Defendants Initials 6Sshy
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
present evidence in my behalf to maintain my privilege against self-incrimination
and to the presumption of innocence I agree to enter my plea as indicated above
on the terms and conditions set forth herein
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY
I further state that I have not had any drugs medication or alcohol within
the past 48 hours except as stated here N~
[Def Drug Status last 24hrs]
I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate that I have read
understand and approve all of the provisions of this Agreement both individually
and as a total binding agreement
~-j~~7
BRIAN KEITH STEELE Defendant
Page 22 of 23 Defendants Initials f~
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23
a
XIV COUNSELS ACKNOWLEDGMENT
I have discussed this case with my client in detail and have advised my client
of all of my clients rights and all possible defenses My client has conveyed to me
that my client understands this Agreement and consents to all its terms I believe
the plea and disposition set forth herein are appropriate under the
facts of this case and are in accord with my best judgment I concur in the entry of
the plea on the terms and conditions set forth herein
L-an S Cross ESQ
fendants Counsel
XV GOVERNMENTS ACKNOWLEDGMENT
I have reviewed this matter and this Agreement and concur that the plea and
disposition set forth herein are appropriate and are in the interests ofjustice
JOYCE WHITE VANCE United States Attorney
61( It - ~
Revised November 2009
Page 23 of 23 Defendants Initials b$
Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23