STATEMENT in Advance of Plea by Defendant Dejane Reaniece Lattany — USA v. Lattany (Dkt. 11)

Record facts

U.S. District Court for the District of Colorado · No. 1:23-cr-00074-NYW · Doc. 11 · 2023-04-25 · Docket on CourtListener

Summary

A statement by the defendant in advance of a plea of guilty in United States v. Lattany, No. 1:23-cr-00074-NYW, in the U.S. District Court for the District of Colorado, filed April 25, 2023 as Document 11. The form records that the defendant has been advised of the nature of the charge, the sentencing factors in 18 U.S.C. § 3553, and the rights waived by pleading guilty, including the right to a jury trial. It sets out the possible penalties for Count I: imprisonment of not more than 20 years, supervised release of not more than 3 years, a fine of not more than $250,000, restitution of not more than $3,437,072.81 and a $100 special assessment. The form also addresses collateral consequences, appellate review and the plea agreement, and records the defendant's wish to plead guilty to 18 USC 1343/Count 1. It is signed by the defendant and counsel.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF COLORADO 
Criminal Case No.
UNITED STATES OF AMERICA 
Plaintiff(s), 
v. 
1. 
Defendant(s). 
______________________________________________________________________ 
STATEMENT BY DEFENDANT IN ADVANCE OF PLEA OF GUILTY 
______________________________________________________________________ 
I acknowledge and certify that I have been advised of and understand the 
following facts and rights, that all representations contained in this document are true 
and correct, and that my attorney has assisted me as I have reviewed and completed 
this document. 
1. 
The nature of the charge(s) against me has/have been explained to me by 
my attorney.  I have had an opportunity to discuss with my attorney both the nature of 
the charge(s) and the elements which the government is required to prove. 
2. 
I know that when the Court sentences me, the Court will consider many 
factors. These factors are listed in 18 U.S.C. § 3553 and include (a) the nature and 
circumstances of the offense and my personal history and characteristics, (b) the need 
for a sentence to reflect the seriousness of the offense, promote respect for the law, 
provide just punishment, afford deterrence, protect the public, and provide me with 
Case No. 1:23-cr-00074-NYW     Document 11     filed 04/25/23     USDC Colorado     pg 1
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23-cr-00074-NYW
Dejane Lattany

2 
needed training, care or correctional treatment in the most effective manner, (c) the 
kinds of sentences available to the court, (d) the advisory sentencing guidelines 
established by the U.S. Sentencing Commission, (e) the pertinent policy statements of 
the U.S. Sentencing Commission, (f) the need to avoid unwarranted sentence disparity 
among defendants with similar records who have been found guilty of similar conduct, 
and (g) the need to provide restitution. No single factor is controlling or determinative. I 
recognize that it is possible that the Court could, after considering these factors, impose 
any sentence in my case, including one which is as severe as the maximum term of 
imprisonment, the maximum fine, full restitution (if applicable), the maximum term of 
supervised release, and a special assessment, all as set out in paragraph 3 below. 
3.
I know that the following penalties may be imposed as a result of my guilty
plea(s): 
 Count
a.
Imprisonment  for a term of [insert if applicable: not less than
years, but] not more than
years; 
b.
A term of supervised release of [insert if applicable: not less than
years, but] not more than
years, pursuant to 18 U.S.C. § 3583;
c. 
A fine of not more than $
admit I violated and/or the alternative fine schedule set out at 18 U.S.C. § 3571; 
, pursuant to the statute that I
d.
Restitution to the victim(s) of my crime(s) of not more than $
pursuant to 18 U.S.C. §§ 3663, 3663A, and 3664; 
,
e.
A special assessment of $
, pursuant to 18 U.S.C. § 3013;
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I
0
20
0
3
250,000
3,437,072.81
100

3 
[REPEAT a. THROUGH e. FOR ALL REMAINING COUNTS. IF A CRIMINAL 
FORFEITURE COUNT IS INCLUDED, SPECIFY THE PROPERTY SUBJECT TO 
FORFEITURE UNDER THAT COUNT.] 
4.
I know that if I am convicted of more than one count, the sentences
imposed may be either concurrent (served at the same time) or consecutive (served 
separately or back-to-back) unless the statutory penalty for an offense of conviction 
expressly requires that a sentence be imposed to run consecutively. 
5.
I know that in addition to any punishment that the Court may impose, there
are collateral consequences to pleading guilty to a crime. These consequences are 
neither imposed nor controlled by the Court. For example, pleading guilty may result in 
a loss of civil rights, including but not limited to the rights to possess firearms, vote, hold 
elected office, and sit on a jury. And, if I am not a citizen of the United States, these 
consequences may include deportation from the United States or indefinite confinement 
if there is no country to which I may be deported, denial of the right to enter the United 
States in the future, and denial of citizenship.  
6.
I know that if I am given a term of supervised release as a part of my
sentence, that supervised release will only begin to run upon my release from custody 
on all terms of imprisonment imposed by this and any other courts. I understand that 
any violation of the conditions of that supervised release during its term may lead to an 
additional prison sentence and additional supervised release being imposed. 
7.
I know that there is no parole in the federal system and that I will be
required to serve the entire sentence of imprisonment which may be imposed in my 
case, reduced only by such good time and/or program allowances as may be set by 
Congress and applied by the Bureau of Prisons. 
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8.
I know that if a fine or restitution is imposed as a part of my sentence, I will
be required to pay interest on any amount in excess of $2,500, unless the fine or 
restitution is paid in full before the fifteenth day after the date of the judgment or unless 
interest is waived by the Court. 
9.
I know that if a fine or restitution is imposed as a part of my sentence, I will
be required to pay it in a timely manner. Failure to do so may trigger monetary 
penalties, collection efforts by the government, potential revocation of any probation or 
supervised release, and/or exposure to prosecution for “Criminal Default” under 18 
U.S.C. § 3615. 
10.
I know that I can be represented by an attorney at every stage of the
proceedings in this matter, and I know that, if I cannot afford an attorney, one will be 
appointed to represent me at no cost or expense to me. 
11.
I know that I have a right to plead “not guilty;” and I know that if I do plead
“not guilty,” I can persist in that plea and demand a trial. 
12.
I know that I have a right to and can demand a trial by jury, and I know
that if I choose to stand trial: 
a.
I have a right to the assistance of an attorney at every stage of the
proceeding; 
b.
I have a right to see and observe the witnesses who testify against
me; 
c.
My attorney can cross-examine all witnesses who testify against
me; 
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d.
I can call and present such relevant witnesses and evidence as I
desire, and I can obtain subpoenas to require the attendance and testimony of those 
witnesses; 
e.
If I cannot afford to pay witness fees and expenses, the
government will pay those fees and expenses, including mileage and travel expenses, 
and including reasonable fees charged by expert witnesses; 
f.
I cannot be forced to incriminate myself and I do not have to testify
at any trial; 
g.
However, I can testify at my trial if I choose to, and I do not have to
decide whether or not to testify until after I have heard the government’s evidence 
against me; 
h.
If  I decide that I do not want to testify at trial, the jury will be told
that no guilt or  inference adverse to me may be drawn from my decision not to testify; 
i.
In order for me to be convicted, the government must prove each
and every element of the offense(s) with which I am charged, beyond a reasonable 
doubt; 
j.
In order for me to be convicted, the jury must reach a unanimous
verdict of guilty, meaning all jurors must agree that I am guilty; and 
k.
If I were to be convicted, I could appeal both my conviction and
whatever sentence the Court later imposed, and if I could not afford an appeal, the 
government would pay the cost of the appeal, including the cost of an appointed 
attorney. 
13.
I know that if I plead guilty, there will not be a trial of any kind.
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14.
I know that if I plead guilty, there will be no appellate review of the
question of whether or not I am guilty of the offense(s) to which I have pled guilty. 
[Use 15(a) OR 15(b) as appropriate.]
15(a). I know that once this Court sentences me following a plea of guilty,  I can 
only seek appellate review of the sentence imposed.  While appellate review of a 
sentence is an important right, it is not a form of automatic resentencing by a different 
court. To the contrary, I understand that appellate review will not result in any 
resentencing or in any alteration to or reduction of my sentence in the absence of error 
by the original sentencing court. 
15(b). I know that the terms of my plea agreement with the government contain 
an appellate waiver. Because of this, I know that I cannot seek appellate review of (1) 
the sentence imposed by the Court in this case; (2) the denial of any motion filed under 
18 U.S.C. 3582(c)(1)(A); or (3) any sentence imposed below or within the Guideline 
range upon revocation of supervised release, except in the limited circumstances, if any, 
permitted by my plea agreement.
16.
No agreements have been reached and no representations have been
made to me as to what the sentence in this case will be, except those which are 
explicitly detailed in the document entitled “Plea Agreement” which I and the government 
have signed.  I further understand that any sentencing agreements and stipulations in 
the document entitled  “Plea Agreement” are binding on the Court only if the parties ask 
the Court in that document to be so bound pursuant to Rule 11(c)(1)(C) and only if the 
Court agrees to be so bound when it accepts my guilty plea(s). 
Case No. 1:23-cr-00074-NYW     Document 11     filed 04/25/23     USDC Colorado     pg 6
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17.
 
The only plea agreement which has been entered into with the
 
government is that which is set out in the document entitled  “Plea Agreement” which 
has been signed by the government and me and which I incorporate herein by 
reference. 
18.
 
I understand that the Court will make no decision as to what my sentence
 
will be until a Presentence Report has been prepared by the Probation Department and 
received and reviewed by the Court. 
19.
 
I know that when I enter my plea(s) of guilty, the Court may ask me
 
questions under oath about the offense(s) to which I have pled guilty.  Such questions, if 
asked of me on the record and in the presence of my attorney, must be answered by 
me, and if I give false answers, I can be prosecuted for perjury. 
20.
 
I know that I have the right to ask the Court any questions that I have
 
concerning my rights, these proceedings, and my plea(s) to the charge(s). 
21.  
I am
 
years of age.  My education consists of
 
.
I [can] [cannot] understand the English language.  (Circle either “can” or “cannot.”)  I am 
not taking any medications which interfere with my ability to understand the proceedings 
in this matter or which impact or affect my ability to choose whether to plead guilty. 
22.
 
Other than the promises of the government set out in the document
 
entitled “Plea Agreement,” no promises and no threats of any sort have been made to 
me by anyone to induce me or to persuade me to enter my plea(s) in this case. 
23.
 
No one has promised me that I will receive probation, home confinement
 
or any other specific sentence desired by me because of my plea(s) of guilty. 
7 
Case No. 1:23-cr-00074-NYW     Document 11     filed 04/25/23     USDC Colorado     pg 7
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32
associates

(Specify which counts and relevant statutory citations.) 
Dated this 
,  day of 
.
8 
24.
I have had sufficient opportunity to discuss this case and my intended
plea(s) of guilty with my attorney.  I do not wish to consult with my attorney any further 
before I enter my plea(s) of guilty. 
25.
I am satisfied with my attorney.  I believe that I have been represented
effectively and competently in this case. 
26.
My decision to enter the plea(s) of guilty is made after full and careful
thought, with the advice of my attorney, and with full understanding of my rights, the 
facts and circumstances of the case, and the potential consequences of my plea(s) of 
guilty.  I was not under the influence of any drugs, medication, or intoxicants which 
affect my decision-making ability when I made the decision to enter my guilty plea(s).  I 
am not now under the influence of any such drugs, medication or intoxicants. 
27.
I want to plead guilty and have no mental reservations about my decision.
28.
Insofar as it shows my conduct, the summary of facts set out in the
document entitled “Plea Agreement” is true and correct, except as I have indicated in 
that document. 
29.
I know that I am free to change or delete anything contained in this
document and that I am free to list my objections and my disagreements with anything 
contained in the document entitled “Plea Agreement.”  I accept both documents as they 
are currently drafted. 
30.
I wish to plead guilty to the following charge(s):
Case No. 1:23-cr-00074-NYW     Document 11     filed 04/25/23     USDC Colorado     pg 8
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18 USC 1343/Count 1
25th
April, 2023

9 
Defendant 
I certify that I have discussed this statement and the document entitled  “Plea 
Agreement” with the defendant.  I certify that I have fully explained the defendant’s 
rights to him or her and have assisted him or her in completing this form.  I believe that 
the defendant understands his or her rights and these statements. 
Attorney for Defendant 
Revised 12/2/2021
Dated this
, day of
.
Case No. 1:23-cr-00074-NYW     Document 11     filed 04/25/23     USDC Colorado     pg 9
of 9
s/Dejane Lattany
25th
April, 2023
s/Jason Flores-Williams

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