Court filing
Plea Agreement — U.S. v. Butziger
Filed August 27, 2020 in U.S. v. Butziger; one of 22 filings from this case.
Record facts
| Court | U.S. District Court, D.R.I. |
|---|---|
| Filed | 2020-08-27 |
U.S. District Court, D.R.I. · No. 1:20-cr-00072-MSM-LDA · Doc. 19 · 2020-08-27 · Docket on CourtListener
Full text
1
UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND
UNITED STATES OF AMERICA
v.
DAVID BUTZIGER,
Defendant.
Criminal Case No. ___________
PLEA AGREEMENT
Pursuant to Rule 11(c)(1) of the Federal Rules of Criminal Procedure, the United
States and Defendant, David Butziger, have reached the following agreement:
1.
Defendant=s Obligations.
a.
Defendant will waive presentation of this matter to a grand jury and
consent to the filing of a one-count Information which charges defendant with conspiracy
to commit bank fraud, in violation of 18 U.S.C. ' 1349. Defendant agrees that Defendant
will plead guilty to said Information.
Defendant further agrees that the time between the filing of this plea
agreement and the scheduled date for the change of plea is excludable under the Speedy
Trial Act, 18 U.S.C. ' 3161.
b.
Defendant will promptly submit a completed Department of Justice
Financial Statement to the U.S. Attorney's Office, in a form that the U.S. Attorney’s Office
provides and as it directs. Defendant agrees that his financial statement and disclosures
will be complete, accurate, and truthful. Defendant expressly authorizes the U.S.
1:20CR72MSM-LDA
Case 1:20-cr-00072-MSM-LDA Document 19 Filed 08/27/20 Page 1 of 7 PageID #: 67
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Attorney’s Office to obtain a credit report on him in order to evaluate Defendant’s ability
to satisfy any financial obligation that may be imposed by the Court.
2.
Government=s Obligations. In exchange for Defendant's plea of guilty:
a. The government will recommend that the Court impose a term of
imprisonment within the range of sentences for the offense level determined by the Court
under the United States Sentencing Guidelines (the U.S.S.G. or "guidelines"), but not
including probation or a "split-sentence," even if permitted under the guidelines.
b. For purposes of determining the offense level, the government agrees to
recommend a two-level reduction in the offense level for acceptance of responsibility
under ' 3E1.1(a) of the guidelines if Defendant continues to demonstrate acceptance of
responsibility through sentencing.
c. As of the date of this agreement, Defendant has timely notified
authorities of an intention to enter a plea of guilty. If the offense level is 16 or greater and
Defendant enters a plea of guilty pursuant to this agreement, the government will move
the sentencing Court for an additional decrease of one level, pursuant to U.S.S.G. '
3E1.1(b), unless Defendant indicates an intention not to enter a plea of guilty, thereby
requiring the government to prepare for trial.
d. The government is free to recommend any combination of supervised
release, fines, and restitution which it deems appropriate.
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3.
Defendant understands that the guidelines are not binding on the Court,
and that, although the Court must consult the guidelines in fashioning any sentence in
this case, the guidelines are only advisory, and the Court may impose any reasonable
sentence in this matter up to the statutory maximum penalties after taking into account
the factors enumerated in 18 U.S.C. ' 3553(a).
4.
The United States and defendant stipulate and agree to the following facts
under the guidelines:
a. The amount of intended loss applicable to the offense is $543,959. As the
amount of intended loss is more than $250,000 but less than $550,000, there is a 12-level
enhancement pursuant to U.S.S.G. § 2B1.1(b)(1)(G).
5.
Except as expressly provided in the preceding paragraph, there is no
agreement as to which Offense Level and Criminal History Category applies in this case.
Both the United States and Defendant reserve their rights to argue and present evidence
on all matters affecting the guidelines calculation.
6.
The maximum statutory penalties for the offense to which Defendant is
pleading are 30 years of imprisonment, 5 years of supervised release, a fine of $1,000,000
and a $100 special assessment.
7.
Defendant agrees that, after Defendant and Defendant=s counsel sign this
plea agreement, counsel will return it to the United States Attorney's Office along with a
money order or certified check, payable to the Clerk, United States District Court, in
Case 1:20-cr-00072-MSM-LDA Document 19 Filed 08/27/20 Page 3 of 7 PageID #: 69
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payment of the special assessments. Failure to do so, unless the Court has made a
previous finding of indigence, will relieve the government of its obligation to
recommend a reduction in the offense level under the guidelines for acceptance of
responsibility.
8.
Defendant is advised and understands that:
a. The government has the right, in a prosecution for perjury or making a
false statement, to use against Defendant any statement that Defendant gives under oath;
b. Defendant has the right to plead not guilty, or having already so
pleaded, to persist in that plea;
c. Defendant has the right to a jury trial;
d. Defendant has the right to be represented by counsel B and if necessary
have the Court appoint counsel B at trial and every other stage of the proceeding;
e. Defendant has the right at trial to confront and cross-examine adverse
witnesses, to be protected from self-incrimination, to testify and present evidence, and to
compel the attendance of witnesses; and
f. Defendant waives these trial rights if the Court accepts a plea of guilty.
g. Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status if he is not a citizen of the United States. Under federal
law, a broad range of crimes are removable or deportable offenses. Likewise, if defendant
is a naturalized citizen of the United States, pleading guilty may result in
Case 1:20-cr-00072-MSM-LDA Document 19 Filed 08/27/20 Page 4 of 7 PageID #: 70
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denaturalization as well as removal and deportation. Removal, deportation,
denaturalization, and other immigration consequences are the subject of separate
proceedings, 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
removal or deportation from the United States or his denaturalization.
9.
The government reserves its full right of allocution, including the right to
present any information to the Court for its consideration in fashioning an appropriate
sentence, the right to correct misstatements, misrepresentations, or omissions by
Defendant, and to answer any questions asked by the Court.
10.
Except for paragraphs 2 and 4, above, the parties have made no agreement
concerning the application of the guidelines in this case.
11.
Defendant understands that the Court alone makes all sentencing decisions,
including the application of the guidelines and the sentence to be imposed. The Court is
not bound by the parties= stipulations of fact, offense level adjustments, or the
government's recommendations. The Court is free to impose any sentence it deems
appropriate up to and including the statutory maximum. Defendant also understands
that even if the Court's guideline determinations and sentence are different than
Defendant expects, Defendant will not be allowed to withdraw Defendant=s plea of
guilty.
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12.
Defendant hereby waives Defendant=s right to appeal the convictions and
sentences imposed by the Court, if the sentence imposed by the Court is within or below
the sentencing guideline range determined by the Court. This agreement does not affect
the rights or obligations of the United States as set forth in 18 U.S.C. ' 3742(b), and the
government retains its right to appeal any of the Court=s sentencing determinations.
13.
This agreement is binding on the government only if Defendant pleads
guilty, fulfills all Defendant=s obligations under the agreement, does not engage in any
conduct constituting obstruction of justice under ' 3C1.1 of the guidelines, and does not
commit any new offenses. Defendant understands that if Defendant violates this
agreement in any way, the government shall be released from its obligations under the
agreement and will be free to make any recommendations that it deems appropriate. If
that occurs, Defendant shall not have the right to withdraw Defendant=s guilty plea.
14.
This agreement is limited to the District of Rhode Island and does not bind
any other federal, state, or local prosecutive authorities.
15.
This agreement constitutes the entire agreement between the parties. No
other promises or inducements have been made concerning the plea in this case.
Defendant acknowledges that no person has, directly or indirectly, threatened or coerced
Defendant to enter this agreement. Any additions, deletions, or modifications to this
agreement must be made in writing and signed by all the parties in order to be effective.
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16.
Counsel for Defendant states that Counsel has read this agreement, been
given a copy of it for Counsel=s file, explained it to Defendant, and states that to the best
of Counsel=s knowledge and belief, Defendant understands the agreement.
17.
Defendant states that Defendant has read the agreement or has had it read
to Defendant, has discussed it with Defendant=s Counsel, understands it, and agrees to its
provisions.
8/26/2020
DAVID BUTZIGER
Date
Defendant
8/26/2020
Date
8/26/2020
Assistant U.S. Attorney
Date
8/26/2020
Assistant U.S. Attorney
Date
Deputy Criminal Chief
Case 1:20-cr-00072-MSM-LDA Document 19 Filed 08/27/20 Page 7 of 7 PageID #: 73File and source
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