Plea Agreement as to Willie Curry (cg1) — United States v. Curry (Dkt. 15, S.D. Fla. No. 1:21-cr-20415)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:21-cr-20415-JLK · Doc. 15 · 2021-08-30 · Docket on CourtListener

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UNITED STATES DISTRIGT COURJ
SOUTHERN DISiRICT OF FLORIDA
cgse No.-
- ZIQP IS-Cq-KING/BECERRA
UNITED STATES OF AMERICA
VS.
W ILLIE CURRY,
Defendant
l
PLEA AG REEM ENT
The Omce of the Unitqd States M orney for the Southern Dist/d of Florida (ëthis
Oëcen) and the defendant, WILLIE CURRY, enter into the following agreement:
1. 
Pursuant to Rule 7(b) of the Federal Rules of Criminal Procedure, the
defendard agrees to waive indictment and to plead guilty to a'one-dount felony lnformalion
which charges him wire fraud, in violation of Title 18, United States Code, Sedion 1343.
2. 
The defendant is 
xaware that hîs sentence. will be imposed by the.court after
conslde/ng the advfsory Federal Sentencfng Guidelines and Policy Stalements
(hereinaher lsentencing Guidelines''). The defendant acknowledges and understands
that the Court will compute ac advisol sentence under the Sentencing Guidelines and
that the appliqable guidellnes will be determined bythe Court relying in part on the results
nf a pre-sentence investigation by the Coud's prcbation cffice, which investlgatkn will
commence after the guilty plea has been entered. The defendant is also aw are that,
under certain oircumstances, the Court may depad from the advisol sentencing
guîdeline range that it has computed and mqy raise or Iower that advisory sentènce under
the Sentencing Guidelines. The defendant is further aware and understands that the
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Coud is required to consider the advisôly guideline range determined under the
Senteùcîng Guidelines, but is not bound to impose a sentence withln that advîsoly range;
the Court is permitted to tailor the ultlmate sentence in light of other statutoly toncemsj
and such sentence may be eîther more severe orless severe than the Sentencing
ouidelines' adviscry range. Knowing these fads, ihe defendant underslaqds ànd
acknowledges that the Court has the authority to imppse @ny sentence within and up to
the statutury maximum authorized by law for the offense identified in paragraph 1 and
that the defendant may notwithiraw the plea solely as a result of the sentence imposed.
3. 
R e defendant also understands and acknowledges thàt the C ourt may
impose a statutol maximum term of imprisonment of up to 20 years followed by a term
of supeNised release of up to 5 years, a fine of up to $250,000, and may order forfelture
and restittfon. The Court 4lso must impose a special assessment in the amount of
$100, and the defendant agrees to pay the special assessment imposed at lhe time of
sentqncing,
4 .
This Office reserves the right to inform the Court and the prob@tion office of
aII facts pertinent to the sentencing process, including aIl relevaht Informatidn dbncèrning
the offenses committed, whether charged or not, as well as concerning the defendant and
the defendant's backgrcund. Subject only to the express terms ef any aglped-tllon
sentencing recommendatîons contained in this agreement, this Office furtherresewesthe
right to make any recommendation as to the quality and quantity of punishment.
5. 
This Offlce agrees that it will recommend at sentencing that the Cnud
reduce by two levels the sentencing guideline level applicable to the defendantls offense,
pursuant to Section 3E1,1(a) of the Sentencing Guidelines, based upon the defendant's
reccgnition and amrmative and timely a'cceptance of personal responsibllity. If àt the time
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Qf sentencing the defendant's offense levelis deteA ined to be 16 or greater, the
gcvernment wil! file a motion requesting an additlonal nne Ievel decrease pursuent to
Section 3E1.1(j) of the Sentenclng Guidelines, stating Shat the defendant has asslsted
adthorities In the investigation or prosecution of the defendant's own misconduct by timely
notifying authorities of the defendant's intention te entera plea of guilN,there.by permiit
. ing
the government to avoid preparing for trial and pefmitting ,the goyernment an$ the Court
to allocate their resources efficiently.
this recoMmendatlon (or ahy agreèd
agreement) if the defendant (1) fails or refuses to make a full, accurate and complete
This Office however, will nöt be required to make
recommendation contained within this plea
disclosure to the probation office of the circumstances surrounding th'é relevant offense
conduct; (2) is found to have misrepresented facts to the government prior to qnjbring
into this plea agreement; or (3) commits any misxndud after entering ihto this jlea
agreement, including but not limited to committing a state or federal offense, violating any
term of release, or makrng false statements or misrepresentations to any governmental
entity or omcial.
6.
n is Office and the defendant ggree that, although not binding on the Court
or the probation office, they will jointly recommend that the Court make the following
findings and conclusîons as to the sentenceto be imposed: (a) the applidable Sent:ncing
Guidelinez section for the offense is 2B1,1; and (b) pursuant to Bedibh 2B1.1(a)(1), the
applicable base offense level is 7, This Office and the defendant fprther @gree' that
except fcr these two agreed non-binding jolnt recommendatlons, the padies othe- ise
retain their full rights to advocate regarding the applicabbe advisory Sentencing
Guidelines, the 18 U.S.C. 53553(a) factors, and the ultimate sentence to be imposed.
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The defendant is aware that the sentence has not yet been dqtermined by
the Coud. The defendant also is aware that any estimate of the probable gentencing
range or sentence that the defendant may receive, whether that estimate comes from the
defendant's attorney, the government, or the probation officq,is a prediction, not a
promise, and is not bind,ing on the government, the probatîon office or'th: Coud. The
defendant understands further that any recommendation that the government m'ako ' to
the Coud as to sentenciàg, whether pursuant to this agreement or othelwise, iâ not
binding on the Court and the Court may disregard the recommendation in its entlrety.
The defendant understands and acknowledges, as previously acknowledged above, that
the defqndant may not wîthdraw h@r plea based upon the Courfs decision not to accept
a sentencing recommendation made by the defendant, the govbrnméht, br a
recommendation made jointly by both the defendant and this Offio .
8. 
The defendant agrees to forfeit to the United States, voluntarily and
immediately, aII right, title and interestto any prope* , real or personal, which collstitutes
proceeds traceable to the offense of convictlon pursuant to Title 18, Unlted States Ccde,
Section 981(a)(1)(C), as made applicable by Title 28, United States Codq, Section
2461(c). n e defendant also undeœtands and acknowledges that the Court must order
restitution for the full amount of the vlctim 's Iosses pursuant to 1'8 U.S.C. Section 3663A.
9. 
The defendant is aware that Title 18, Unïted.states Code, Sectioh 3742 and
Title 28, United States Code, Section 1291 affotd the defendant the right to appeal the
sentence imposed in this case. Acknowledging thi@, in exchang: for the undedakings
made by the United States in this plea agreement, the defendant hereby waives all rlghts
conferred by Sections 3742 and 1291 to appeal any sentence imposed, including any
restitution order, orto appeal the manner in which the sentence was imposed, unless the
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sentence. exceeds the maximum permitted by statute oris' the result nf tan upward
departure and/or an upward variance from the advisory guideline range that the' Court
establishes at sentencing. The defendant fudher understands that nothing ln thls
agreement shall affect the governmentls right and/or duty to appeal as set torth in Title
18k Unlted States Code, Section 3742(b) and Title 28, United Stytes Cbde, Sqction 1291.
However, if the United. States appeals the defen'dant's sentence putsgant .to 'Sections
3742(b) and 1291, the defendant shgll be felqased from the abnve waiver of appellate
rights. By signing this agreement, the defendant acknowledges that,the defendant has
discussed the appeal waiver set fodh in this agreement with the defendant's attorney.
The defendant further w rees, together with the Ubited States, to request that the Court
enter a specific finding that the ddfendant's waiver Tf the defendant's rijht to appeal the
sentence to be imposed in this case was knowing and voluntgl.
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This is the entire agreement and understanding between thié Olfic: alïd thb
defendant. There are no other agreements, . promises, representltions. or
understandings.
10.
JUAN ANTONIO GONV LEZ
ACTING UNITED STATES AU ORNEY
Date: 8/19/2021
Date: 0k/1 7/2021
By: Edward k. btimm
As'sistant United States 'A Qrne.
y: 
-
y-D/tt / q.
Attor ey for Defendgnt
/
I
By: 
t
W illie Curry
Défqndapt
Date: ç- r l - R/
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