Plea Agreement for Defendant Fontrell Antonio Baines — United States v. Baines (Dkt. 2, C.D. Cal.)

Summary

A plea agreement for defendant Fontrell Antonio Baines, also known as Nuke Bizzle, in United States of America v. Fontrell Baines, No. 21-CR-20167-TLP of the Western District of Tennessee, filed July 21, 2022 in the Central District of California as case 2:22-cr-00324-FMO (Document 2). The agreement is between Baines and the United States Attorney's Office for the Western District of Tennessee, whose rights under it may be exercised by the United States Attorney's Office for the Central District of California. It sets out the defendant's obligations, the plea and the factual basis, and it closes with defense counsel's statement that the client's decision to enter the agreement is informed and voluntary. It is signed for the government by Assistant United States Attorney Patrick Neal Oldham and by Deputy Federal Public Defenders for the defendant.

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 1 of 18 Page ID #:7

    JOSEPH C. MURPHY, UR.
    United States Attorney
    BETH C. BOSWELL
   ‘Assistant United States Attorney
    Chief, Criminal Division
    PATRICK NEAL OLDHAM
    Assistant United States Attorney                           FILED
    Western District of Tennessee                            CLERK, US. DISTRICT COURT
         167 N. Main St.
         Suite 600                                   .         7/21/2022
         Memphi s , TN 3 8 1 0 3                            CENTRAL DISTRICT OF CALIFORNIA
                                                            BY:   vav   DEPUTY
         Telephone: (901)544-4231
          Facsimile: (901)544-4230
         E-mail:     neal.oldham@usdoj.gov

    Attorneys for Plaintiff
    UNITED STATES OF AMERICA

10                        UNITED STATES DISTRICT COURT

11                   FOR THE WESTERN DISTRICT OF TENNESSEE
                                              2:22-cr-00324-FMO
12   UNITED STATES OF AMERICA,           No. 21-CR-20167-TLP

13            Plaintiff,                 PLEA AGREEMENT FOR DEFENDANT
                                         FONTRELL ANTONIO BAINES

14                 Vv.

15   FONTRELL BAINES,
     aka “Fontrell Antonio Baines,”
16   aka “Nuke Bizzle,”

17            Defendant.

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          1.   This constitutes the plea agreement between FONTRELL
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    BAINES, also known as “Fontrell Antonio Baines” and “Nuke Bizzle”
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     (“defendant”) and the United States Attorney’s Office for the Western
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     District of Tennessee (“the USAO”) in the above-captioned case. All
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     rights or powers of the USAO under this agreement may be exercised on
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     behalf of the USAO by the United States Attorney’s Office for the
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     Central District of California. This agreement is limited to the USAO
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     and cannot bind any other federal, state, local, or foreign
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     prosecuting, enforcement, administrative, or regulatory authorities.
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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 2of18 Page ID #:8

DEFENDANT'S OBLIGATIONS

2. Defendant agrees to:
a. At the earliest opportunity requested by the USAO and
provided by the Court, appear and plead guilty to count two of the

indictment in United States v. Fontrell Baines, CR No. 21-20167-TLP,

which charges defendant with possession of oxycodone with intent to
distribute, in violation of Title 21, United States Code, Section
841 (a) (1), (b) (1) (Cc).

b. Not contest facts agreed to in this agreement.

c. Abide by all agreements regarding sentencing contained
in this agreement.

d. Appear for all court appearances, surrender as ordered
for service of sentence, obey all conditions of any bond, and obey
any other ongoing court order in this matter.

e. Not commit any crime; however, offenses that would be
excluded for sentencing purposes under United States Sentencing
Guidelines (“USSG” or “Sentencing Guidelines”) § 4A1.2(c) are not
within the scope of this agreement.

f. Be truthful at all times with the United States
Probation and Pretrial Services Office and the Court.

g. Pay the applicable special assessment at or before the
time of sentencing unless defendant has demonstrated a lack of
ability to pay such assessment.

THE USAO'S OBLIGATIONS

3. The USAO agrees to:
a. Not contest facts agreed to in this agreement.
b. Abide by all agreements regarding sentencing contained

in this agreement.


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i : . |
Pase 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 3of18 Page ID #:9

om At the time of sentencing, move to dismiss the
remaining counts of the indictment as against defendant. Defendant
agrees, however, that at the time of sentencing the Court may
consider any dismissed charges in determining the applicable
Sentencing Guidelines range, the propriety and extent of any
departure from that range, and the sentence to be imposed.

d. At the time of sentencing, provided that defendant
demonstrates an acceptance of responsibility for the offense up to
and including the time of sentencing, recommend a two-level reduction
in the applicable Sentencing Guidelines offense level, pursuant to
USSG § 3E1.1, and recommend and, if necessary, move for an additional
one-level reduction if available under that section.

e. Recommend that defendant be sentenced to a term of
imprisonment no higher than the low end of the applicable Sentencing
Guidelines range provided that the offense level used by the Court to
determine that range is 24 or 21 with acceptance of responsibility
credit or higher and provided that the Court does not depart downward
in offense level or criminal history category. For purposes of this
agreement, the low end of the Sentencing Guidelines range is that
defined by the Sentencing Table in USSG Chapter 5, Part A, without
regard to reductions in the term of imprisonment that may be
permissible through the substitution of community confinement or home
detention as a result of the offense level falling within Zone B or
Zone C of the Sentencing Table.

NATURE OF THE OFFENSE

4, Defendant understands that for defendant to be guilty of
the crime charged in count two of the indictment, that is, possession
of a controlled substance, namely, oxycodone, with the intent to

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 4 of 18 Page ID #:10

distribute, in violation of Title 21, United States Code, Section
841(a) (1), the following must be true:

First, defendant knowingly possessed oxycodone, which is

classified by Title 21, United States Code, Section 812 as a

Schedule II controlled substance. It does not matter whether

the defendant knew that the substance was oxycodone. It is

sufficient that the defendant knew that it was some kind of a

federally controlled substance.

Second, the defendant possessed it with the intent to distribute

it to another person. To “possess with intent to distribute”

means to possess with intent to deliver or transfer possession
of the oxycodone to another person, with or without any
financial interest in the transaction.

PENALTIES

5. Defendant understands that the statutory maximum sentence
that the Court can impose for a violation of Title 21, United States
Code, Section 841(a) (1), (b) (1) (C) is: 20 years’ imprisonment; a
lifetime period of supervised release; a fine of $1 million or twice
the gross gain or gross loss resulting from the offense, whichever is
greatest; and a mandatory special assessment of $100.

6. Defendant understands that the mandatory minimum sentence
that the Court must impose for a violation of Title 21, United States
Code, Section 841(a) (1), (%) (1) (C) is: a three-year period of
supervised release and a mandatory special assessment of $100.

7. Defendant understands that supervised release is a period
of time following imprisonment during which defendant will be subject
to various restrictions and requirements. Defendant understands that
if defendant violates one or more of the conditions of any supervised

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Case 2:22-cr-00324-MWF Document 2. Filed 07/21/22 Page 5 of 18 Page ID #:11

release imposed, defendant may be returned to prison for all or part
of the term of supervised release authorized by statute for the
offense that resulted in the term of supervised release, which could
result in defendant serving a total term of imprisonment greater than
the statutory maximum stated above.

8. Defendant understands that, by pleading guilty, defendant
may be giving up valuable government benefits and valuable civic
rights, such as the right to vote, the right to possess a firearm,
the right to hold office, and the right to serve on a jury.

Defendant understands that he is pleading guilty to a felony and that
it is a federal crime for a convicted felon to possess a firearm or
ammunition. Defendant understands that the conviction in this case
may also subject defendant to various other collateral consequences,
including but not limited to revocation of probation, parole, or
supervised release in another case and suspension or revocation of a
professional license. Defendant understands that unanticipated
collateral consequences will not serve as grounds to withdraw
defendant’s guilty plea.

9. Defendant understands that under 21 U.S.C. § 862a,
defendant will not be eligible for assistance under state programs
funded under the Social Security Act or Federal Food Stamp Act or for
federal food stamp program benefits, and that any such benefits or
assistance received by defendant’s family members will be reduced to
reflect defendant’s ineligibility.

10. Defendant and his counsel have discussed the fact that, and
defendant understands that, if defendant is not a United States
citizen, the conviction in this case makes it practically inevitable
and a virtual certainty that defendant will be removed or deported

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 6 of 18 Page ID #:12

from the United States. Defendant may also be denied United States
citizenship and admission to the United States in the future.
Defendant understands that while there may be arguments that
defendant can raise in immigration proceedings to avoid or delay
removal, removal is presumptively mandatory and a virtual certainty
in this case. Defendant further understands that removal and
immigration consequences are the subject of a separate proceeding and
that no one, including his attorney or the Court, can predict to an
absolute 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 automatic removal from the United States.

FACTUAL BASIS

11. Defendant admits that defendant is, in fact, guilty of the
offense to which defendant is agreeing to plead guilty. Defendant
and the USAO agree to the statement of facts provided below and agree
that this statement of facts is sufficient to support a plea of
guilty to the charge described in this agreement and to establish the
Sentencing Guidelines factors set forth in paragraph 14 below but is
not meant to be a complete recitation of all facts relevant to the
underlying criminal conduct or all facts known to either party that
relate to that conduct.

On January 31, 2020, defendant arrived at the upper drive of the
Memphis International Airport in Memphis, Tennessee, in a gold car
with dark tinted windows. Video surveillance captured defendant
getting out of the car and pulling a bag. Defendant checked the bag

(hereinafter, the “checked bag”) for a flight on Southwest Airlines.


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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 7of18 Page ID #:13

As part of their routine screening, TSA screeners examined the
checked bag. They found several large plastic bags containing
marijuana, two one-pint bottles of promethazine with codeine oral
solution, and cash. The checked bag had a Southwest Airlines tag
bearing defendant’s name. |

Defendant was contacted by law enforcement. Although he had in
his possession a baggage claim ticket the SKU of which matched the
SKU of the checked bag, defendant denied ownership of the checked
bag.

Defendant was detained and transported to a Memphis
International Police Department substation. Officers searched his
backpack and found one pint of promethazine with codeine oral
solution; a plastic prescription cannabis bag with marijuana inside;
two cigarette rollers; and a prescription bottle with the name
“Dwight Smith” containing 45 Acetaminophen and oxycodone
hydrochloride pills, 6 whole and 6 half alprazolam pills, and 1 whole
and 2 partial pieces of Amphetamine and Dextromaphetamine.

The oral solution weighed a total of 45 ounces. The marijuana
in the various bags weighed in total 7 pounds, 6.2 ounces. Defendant
stated that he owned a medical marijuana shop in California and
explained that the writing on each bag indicated the flavor of the
marijuana in each bag. Defendant again stated that the checked bag
did not belong to him.

A further search of the checked bag was conducted and the
following additional items were found: 9 plastic prescription
cannabis bags with marijuana inside (approximately 1 ounce in each),
and over 60 unused prescription cannabis bags. Officers also
searched defendant and found $7,000 in his pocket, $10,400 in the

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 8o0f18 Page ID #:14

sole of his right shoe, $10,200 in the sole of his left shoe and
$5,825 in his luggage.

SENTENCING FACTORS

12. Defendant understands that in determining defendant’s
sentence the Court is required to calculate the applicable Sentencing
Guidelines range and to consider that range, possible departures
under the Sentencing Guidelines, and the other sentencing factors set
forth in 18 U.S.C. § 3553(a). Defendant understands that the
Sentencing Guidelines are advisory only, that defendant cannot have
any expectation of receiving a sentence within the calculated
Sentencing Guidelines range, and that after considering the
Sentencing Guidelines and the other § 3553(a) factors, the Court will
be free to exercise its discretion to impose any sentence it finds
appropriate between the mandatory minimum and the maximum set by
statute for the crime of conviction.

13. Defendant and the USAO agree to the following applicable

Sentencing Guidelines factors:

Base Offense Level: 24 USSG §2D1.1
Acceptance of Responsibility: -3 USSG § 3E1.1(a and b

Total Offense Level: 21

The USAO will agree to a two-level downward adjustment for acceptance
of responsibility (and, if applicable, move for an additional one-
level downward adjustment under USSG § 3E1.1(b)) only if the
conditions set forth in paragraph 3(d) are met and if defendant has
not committed, and refrains from committing, acts constituting

obstruction of justice within the meaning of USSG § 3Cl1.1, as


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Case 2:22-cr-00324-MWF Document 2. Filed 07/21/22 Page 9 of 18 Page ID #:15

discussed below. Subject to paragraph 27 below, defendant and the
USAO agree not to seek, argue, or suggest in any way, either orally
or in writing, that any other specific offense characteristics,
adjustments, or departures relating to the offense level be imposed.
Defendant agrees, however, that if, after signing this agreement but
prior to sentencing, defendant were to commit an act, or the USAO
were to discover a previously undiscovered act committed by defendant
prior to signing this agreement, which act, in the judgment of the
USAO, constituted obstruction of justice within the meaning of USSG

§ 3C1.1, the USAO would be free to seek the enhancement set forth in
that section and to argue that defendant is not entitled to a
downward adjustment for acceptance of responsibility under USSG §
3F1.1. Defendant understands that defendant’s offense level could be
increased if defendant is a career offender under USSG §§ 4B1.1 and
AB1.2. If defendant’s offense level is so altered, defendant and the
USAO will not be bound by the agreement to Sentencing Guideline
factors set forth above.

14. Defendant understands that there is no agreement as to
defendant's criminal history or criminal history category.

15. Defendant and the USAO agree that, taking into account the
factors listed in 18 U.S.C. § 3553 (a) (1)-(7), the relevant Sentencing
Guidelines effective on January 31, 2020, represent a reasonable
basis for the Court to determine defendant’s sentence in this case,
and that defendant should be sentenced in accordance with the
Sentencing Guidelines. While the United States feels that a
guideline sentence is appropriate in this matter, nothing in this
agreement prohibits the defendant from ask for a below guideline

variance.


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Case 2:22-¢r-00324-MWF Document 2 Filed 07/21/22 Page 10 of 18 Page ID #:16

WAIVER OF CONSTITUTIONAL RIGHTS
16. Defendant understands that by pleading guilty, defendant
gives up the following rights:
a. The right to persist in a plea of not guilty.
b. The right to a speedy and public trial by jury.
c. The right to be represented by counsel -- and if
necessary have the Court appoint counsel -- at trial. Defendant

understands, however, that, defendant retains the right to be

represented by counsel -- and if necessary have the Court appoint
counsel -- at every other stage of the proceeding.
d. The right to be presumed innocent and to have the

burden of proof placed on the government to prove defendant guilty
beyond a reasonable doubt.

e. The right to confront and cross-examine witnesses
against defendant.

f. The right to testify and to present evidence in
opposition to the charges, including the right to compel the
attendance of witnesses to testify.

g. The right not to be compelled to testify, and, if
defendant chose not to testify or present evidence, to have that
Choice not be used against defendant.

h. Any and all rights to pursue any affirmative defenses,
Fourth Amendment or Fifth Amendment claims, and other pretrial
motions that have been filed or could be filed.

WAIVER OF APPEAL OF CONVICTION

17. Defendant understands that, with the exception of an appeal
based on a claim that defendant’s guilty plea was involuntary, by
pleading guilty defendant is waiving and giving up any right to

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 11 of 18 Page ID #:17

appeal defendant’s conviction on the offense to which defendant is
pleading guilty. Defendant understands that this waiver includes,
but is not limited to, arguments that the statute to which defendant
is pleading guilty is unconstitutional, and any and all claims that
the statement of facts provided herein is insufficient to support
defendant’s plea of guilty.

WAIVER OF APPEAL OF SENTENCE AND WAIVER OF COLLATERAL ATTACK

18. Defendant gives up the right to appeal all of the
following: (a) the procedures and calculations used to determine and
impose any portion of the sentence; (b) the term of imprisonment
imposed by the Court, provided it is within the applicable guideline
range or lower; (c) the fine imposed by the Court, provided it is
within the statutory maximum; (d) to the extent permitted by law, the
constitutionality or legality of defendant’s sentence, provided it is
within the statutory maximum; (e) the term of probation or supervised
release imposed by the Court, provided it is within the statutory
maximum; and (f) any of the following conditions of probation or
supervised release imposed by the Court: the conditions set forth in
Second Amended General Order 20-04 of this Court; the drug testing
conditions mandated by 18 U.S.C. §§ 3563(a) (5) and 3583(d); and the
alcohol and drug use conditions authorized by 18 U.S.C. § 3563 (b) (7).

19. Defendant also gives up any right to bring a post-—
conviction collateral attack on the conviction or sentence, except a
post-conviction collateral attack based on a claim of ineffective
assistance of counsel, a claim of newly discovered evidence, or an
explicitly retroactive change in the applicable Sentencing

Guidelines, sentencing statutes, or statutes of conviction.

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Case 2:22-cr-00324-MWE Document 2 Filed 07/21/22 Page 12 of

18 Page ID #:18

20. The USAO agrees that, provided (a) all portions of the
sentence are at or above the statutory minimum and at or below the
statutory maximum specified above and (b) the Court imposes a term of
imprisonment of no less than 46 months (Total Offense Level 21 and
Criminal History Category III), the USAO gives up its right to appeal
any portion of the sentence.

RESULT OF WITHDRAWAL OF GUILTY PLEA

21. Defendant agrees that if, after entering a guilty plea
pursuant to this agreement, defendant seeks to withdraw and succeeds
in withdrawing defendant’s guilty plea on any basis other than a
claim and finding that entry into this plea agreement was
involuntary, then (a) the USAO will be relieved of all of its
obligations under this agreement; and (b) should the USAO choose to
pursue any charge that was either dismissed or not filed as a result
of this agreement, then (i) any applicable statute of limitations
will be tolled between the date of defendant’s signing of this
agreement and the filing commencing any such action; and
(ii) defendant waives and gives up all defenses based on the statute
of limitations, any claim of pre-indictment delay, or any speedy
trial claim with respect to any such action, except to the extent
that such defenses existed as of the date of defendant’s signing this
agreement.

RESULT OF VACATUR, REVERSAL, OR SET-ASIDE

22. Defendant agrees that if the count of conviction is
vacated, reversed, or set aside, both the USAO and defendant will be

released from all their obligations under this agreement.

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page130f18 Page ID #:19

EFFECTIVE DATE OF AGREEMENT

23. This agreement is effective upon signature and execution of
all required certifications by defendant, defendant’s counsel, and an
Assistant United States Attorney.

BREACH OF AGREEMENT

24, Defendant agrees that if defendant, at any time after the
effective date of this agreement, knowingly violates or fails to
perform any of defendant’s obligations under this agreement (“a
breach”), the USAO may declare this agreement breached. All of
defendant’s obligations are material, a single breach of this
agreement is sufficient for the USAO to declare a breach, and
defendant shall not be deemed to have cured a breach without the
express agreement of the USAO in writing. If the USAO declares this
agreement breached, and the Court finds such a breach to have
occurred, then: (a) if defendant has previously entered a guilty plea
pursuant to this agreement, defendant will not be able to withdraw
the guilty plea, and (b) the USAO will be relieved of all its
obligations under this agreement.

25. Following the Court’s finding of a knowing breach of this
agreement by defendant, should the USAO choose to pursue any charge
or any civil, administrative, or regulatory action that was either
dismissed or not filed as a result of this agreement, then:

a. Defendant agrees that any applicable statute of
limitations is tolled between the date of defendant’s signing of this
agreement and the filing commencing any such action.

b. Defendant waives and gives up all defenses based on
the statute of limitations, any claim of pre-indictment delay, or any
speedy trial claim with respect to any such action, except to the

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 14 of 18 Page ID #:20

extent that such defenses existed as of the date of defendant’s
signing this agreement.

Cc. Defendant agrees that: (i) any statements made by
defendant, under oath, at the guilty plea hearing (if such a hearing
occurred prior to the breach); (ii) the agreed to factual basis
statement in this agreement; and (iii) any evidence derived from such
statements, shall be admissible against defendant in any such action
against defendant, and defendant waives and gives up any claim under
the United States Constitution, any statute, Rule 410 of the Federal
Rules of Evidence, Rule 11(f£) of the Federal Rules of Criminal
Procedure, or any other federal rule, that the statements or any
evidence derived from the statements should be suppressed or are
inadmissible.

COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES

OFFICE NOT PARTIES

26. Defendant understands that the Court and the United States
Probation and Pretrial Services Office are not parties to this
agreement and need not accept any of the USAO’s sentencing
recommendations or the parties’ agreements to facts or sentencing
factors.

27. Defendant understands that both defendant and the USAO are
free to: (a) supplement the facts by supplying relevant information
to the United States Probation and Pretrial Services Office and the
Court, (b) correct any and all factual misstatements relating to the
Court’s Sentencing Guidelines calculations and determination of
sentence, and (c) argue on appeal and collateral review that the
Court’s Sentencing Guidelines calculations and the sentence it
chooses to impose are not error, although each party agrees to

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£0.

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maintain its view that the calculations in paragraph 14 are
consistent with the facts of this case. While this paragraph permits
both the USAO and defendant to submit full and complete factual
information to the United States Probation and Pretrial Services
Office and the Court, even if that factual information may be viewed
as inconsistent with the facts agreed to in this agreement, this
paragraph does not affect defendant’s and the USAO’s obligations not
to contest the facts agreed to in this agreement.

28. Defendant understands that even if the Court ignores any
sentencing recommendation, finds facts or reaches conclusions
different from those agreed to, and/or imposes any sentence up to the
maximum established by statute, defendant cannot, for that reason,
withdraw defendant’s guilty plea, and defendant will remain bound to
fulfill all defendant’s obligations under this agreement. Defendant
understands that no one -- not the prosecutor, defendant’s attorney,

or the Court -- can make a binding prediction or promise regarding

the sentence defendant will receive, except that it will be between
the statutory mandatory minimum and the statutory maximum.’”

NO ADDITIONAL AGREEMENTS

29. Defendant understands that, except as set forth herein,
there are no promises, understandings, or agreements between the USAO
and defendant or defendant’s attorney, and that no additional
promise, understanding, or agreement may be entered into unless ina
writing signed by all parties or on the record in court.

///
///
///

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Case 2:22-cr-0032

4-MWF Document 2. Filed 07/21/22 Page 16 of 18 Page ID #:22

PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

30. The parties agree that this agreement will be considered

AGREED AND ACCEPTED

UNITED STATES ATTORNEY’S OFFICE
FOR THE WESTERN DISTRICT OF
TENNESSEE

JOSEPH C. MURPHY, JR.
United States Attorney

part of the record of defendant’s guilty plea hearing as if the

entire agreement had been read into the record of the proceeding.

PATRICK NEAL OLDHAM
Assistant United States Attorney

Pom

FONTRELL BAINES
Defendant

[ /

ASHLEY |S/ MAAMOUDIAN

DAVID WASSERMAN

Deputy Federal Public Defenders
Attorneys for Defendant
FRONTRELL BAINES

16

Date

7-522
Date

T- 5 Q0QQ
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Case 2:22-cr-00324-MWF Document 2. Filed 07/21/22 Page 17 of 18 Page ID #:23

CERTIFICATION OF DEFENDANT

I have read this agreement in its entirety. I have had enough
time to review and consider this agreement, and I have carefully and
thoroughly discussed every part of it with my attorney. I understand
the terms of this agreement, and I voluntarily agree to those terms.
I have discussed the evidence with my attorney, and my attorney has
advised me of my rights, of possible pretrial motions that might be
filed, of possible defenses that might be asserted either prior to or
at trial, of the sentencing factors set forth in 18 U.S.C. § 3553 (a),
of relevant Sentencing Guidelines provisions, and of the consequences
of entering into this agreement. No promises, inducements, or
representations of any kind have been made to me other than those
contained in this agreement. No one has threatened or forced me in
any way to enter into this agreement. I am satisfied with the
representation of my attorney in this matter, and I am pleading
guilty because I am guilty of the charge and wish to take advantage
of the promises set forth in this agreement, and not for any other

reason.

LT B-< -5- RID

FONTRELL BAINES Date
Defendant

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Case 2:22-cr-00324-MWF Document 2 Filed 07/21/22 Page 18 of18 Page ID #:24

CERTIFICATION OF DEFENDANT!’ S ATTORNEY

I am FONTRELL BAINES’s attorney. I have carefully and
thoroughly discussed every part of this agreement with my client.
Further, I have fully advised my client of his rights, of possible
pretrial motions that might be filed, of possible defenses that might
be asserted either prior to or at trial, of the sentencing factors
set forth in 18 U.S.C. § 3553(a), of relevant Sentencing Guidelines
provisions, and of the consequences of entering into this agreement.
To my knowledge: no promises, inducements, or representations of any
kind have been made to my client other than those contained in this
agreement; no one has threatened or forced my client in any way to
enter into this agreement; my client’s decision to enter into this
agreement is an informed and voluntary one; and the factual basis set
forth in this agreement is sufficient to support my client’s entry of

a guilty plea pursuant to this agreement.

ASHLEY @ ,/MAHMOUD SAN Date
DAVID W ERMAN

Deputy Federal Public Defenders

Attorneys for Defendant

FRONTRELL BAINES

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