Plea Agreement — United States v. Kerwin Aldric Jordan

Record facts

U.S. District Court for the Central District of California · No. 2:25-cr-00801-SVW · Doc. 25 · 2026-04-14 · Docket on CourtListener

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TODD BLANCHE 
Deputy Attorney General 
BILAL A. ESSAYLI 
First Assistant United States Attorney  
 
ALEXANDER B. SCHWAB 
Assistant United States Attorney 
Acting Chief, Criminal Division 
RANEE A. KATZENSTEIN (Cal. Bar No. 187111) 
Assistant United States Attorney 
Acting Deputy Chief, Criminal Appeals Section 
1000 United States Courthouse 
312 North Spring Street 
Los Angeles, California 90012 
Telephone: (213) 894-2432 
Facsimile: (213) 894-6269 
E-mail: 
ranee.katzenstein@usdoj.gov 
MATTHEW R. HOFFMAN 
Trial Attorney 
U.S. Department of Justice 
Criminal Division, Tax Section 
Western Enforcement Unit 
950 Pennsylvania Ave. NW 
Washington, DC 20530-0001 
Telephone: (202) 514-5762  
E-mail: 
matthew.r.hoffman@usdoj.gov 
 
Attorneys for Plaintiff 
UNITED STATES OF AMERICA 
 
UNITED STATES DISTRICT COURT 
 
FOR THE CENTRAL DISTRICT OF CALIFORNIA 
 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
KERWIN ALDRIC JORDAN, 
 
Defendant. 
No. 2:25-cr-00801-SVW 
PLEA AGREEMENT FOR DEFENDANT 
KERWIN ALDRIC JORDAN 
 
 
1. 
This constitutes the plea agreement between KERWIN ALDRIC 
JORDAN (“defendant”) and the United States Attorney’s Office for the 
Central District of California (the “USAO”) in the above-captioned 
case.  This agreement is limited to the USAO and cannot bind any 
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other federal, state, local, or foreign prosecuting, enforcement, 
administrative, or regulatory authorities. 
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 counts 4, 12, 17, 
20, and count 25 of the indictment in United States v. Jordan, Case 
No. 2:25-cr-801-SVW, which charge defendant with aiding and assisting 
in the preparation of a false tax return, in violation of 26 U.S.C. 
§ 7206(2), and wire fraud, in violation of 18 U.S.C. § 1343, 
respectively. 
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 (“U.S.S.G.” 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 assessments at or before 
the time of sentencing unless defendant has demonstrated a lack of 
ability to pay such assessments. 
h. 
Agree to and not oppose the imposition of the 
following conditions of probation or supervised release:  
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i. 
that defendant not prepare, or advise or assist 
in the preparation of, any federal or state tax returns or other 
financial or account documents for any third parties other than his 
legal spouse;  
ii. 
that defendant truthfully and timely file and pay 
taxes during the period of supervised release or probation; and  
iii. that defendant show proof to the Probation 
Officer of compliance with the aforementioned conditions of 
supervised release. 
iv. 
The defendant shall submit defendant’s person and 
any property under defendant’s control, including any residence, 
vehicle, papers, computer and other electronic communication or data 
storage devices and media, and effects, to suspicion-less search and 
seizure at any time of the day or night by any law enforcement or 
probation officer, with or without a warrant, and with or without 
cause; and if stopped or questioned by a law enforcement officer for 
any reason, defendant shall notify that officer that defendant is on 
federal supervised release and subject to search. 
i. 
Defendant agrees, as part of this plea agreement, to 
be permanently enjoined under IRC §§ 7402, 7407, and 7408, from 
preparing, assisting in, directing or supervising the preparation or 
filing of federal tax returns, amended tax returns, or other related 
documents or forms for any person or entity other than himself, his 
wife, or an entity for which he and/or his wife has a legal 
obligation to file a tax return. Defendant understands that the 
United States will file a civil complaint against him seeking this 
relief and related provisions, and defendant consents to the entry of 
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a permanent injunction consistent with Fed. R. Civ. P. 65(d) in that 
separate civil action. 
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. 
c. 
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.  Defendant 
further agrees that he may be treated as if he had been convicted of 
the dismissed charges for purposes of U.S.S.G. § 1B1.2(c), regardless 
of whether the factual basis below would be sufficient to satisfy all 
elements of each charge.  Defendant waives the right to challenge the 
sufficiency of the factual basis as to any element of any dismissed 
charge. 
d. 
At the time of sentencing, provided that defendant 
demonstrates an acceptance of responsibility for the offenses up to 
and including the time of sentencing, recommend a two-level reduction 
in the applicable Sentencing Guidelines offense level, pursuant to 
U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an 
additional one-level reduction if available under that section. 
NATURE OF THE OFFENSES 
 
Defendant understands that for defendant to be guilty of 
the crime charged in each of counts 4, 12, 17, and 20 of the 
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indictment, that is, aiding and assisting in the preparation of a 
false tax return, in violation of Title 26, United States Code, 
Section 7206(2), the following must be true: 
a. 
Defendant aided, assisted, advised, procured or 
counseled a client in the preparation or presentation of an income 
tax return, filed with the Internal Revenue Service, that was false 
or fraudulent; 
b. 
The income tax return was false or fraudulent as to 
any material matter necessary to a determination of whether income 
tax was owed; and  
c. 
Defendant acted willfully. 
 
For purposes of Title 26, United States Code, Section 
7206(2), a matter is material if it had a natural tendency to 
influence or was capable of influencing, the decisions or activities 
of the Internal Revenue Service.  In order to prove that the 
defendant acted “willfully,” the government must prove beyond a 
reasonable doubt that the defendant knew federal tax law imposed a 
duty on him, and the defendant intentionally and voluntarily violated 
the duty.  
 
Defendant understands that for defendant to be guilty of 
the crime charged in count 25, that is, wire fraud, in violation of 
Title 18, United States Code, Section 1343, the following must be 
true: 
a. 
Defendant knowingly participated in, devised, or 
intended to devise a scheme or plan to defraud, or a scheme or plan 
for obtaining money or property by means of false or fraudulent 
pretenses, representations, or promises; 
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b. 
The statements made as part of the scheme were 
material; that is, they had a natural tendency to influence, or were 
capable of influencing, a person to part with money or property; 
c. 
Defendant acted with the intent to defraud; that is, 
the intent to deceive and cheat; and 
d. 
Defendant used, or caused to be used, interstate wire 
communications to carry out or attempt to carry out an essential part 
of the scheme.    
PENALTIES AND RESTITUTION 
7. 
Defendant understands that the statutory maximum sentence 
that the Court can impose for each violation of Title 26, United 
States Code, Section 7206(2), is: 3 years’ imprisonment; a 1-year 
period of supervised release; a fine of $250,000 or twice the gross 
gain or gross loss resulting from the offense, whichever is greatest; 
and a mandatory special assessment of $100. 
8. 
Defendant further understands that the statutory maximum 
sentence that the Court can impose for a violation of 18 U.S.C. 
§ 1343: 20 years’ imprisonment; a 3-year period of supervised 
release; a fine of $250,000 or twice the gross gain or gross loss 
resulting from the offense, whichever is greatest; and a mandatory 
special assessment of $100. 
9. 
Defendant understands, therefore, that the total maximum 
sentence for all offenses to which defendant is pleading guilty is: 
32 years’ imprisonment; a 3-year period of supervised release; a fine 
of $1,250,000 or twice the gross gain or gross loss resulting from 
the offenses, whichever is greatest; and a mandatory special 
assessment of $500. 
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10. 
Defendant agrees to make full restitution to the victims of 
the offenses to which defendant is pleading guilty.  Defendant agrees 
that, in return for the USAO’s compliance with its obligations under 
this agreement, the Court may order restitution to persons other than 
the victims of the offenses to which defendant is pleading guilty and 
in amounts greater than those alleged in the counts to which 
defendant is pleading guilty.  In particular, defendant agrees that 
the Court may order restitution to any victim of any of the following 
for any losses suffered by that victim as a result: (a) any relevant 
conduct, as defined in U.S.S.G. § 1B1.3, in connection with the 
offenses to which defendant is pleading guilty; and (b) any charges 
not prosecuted pursuant to this agreement as well as all relevant 
conduct, as defined in U.S.S.G. § 1B1.3, in connection with those 
charges.  The parties currently believe that the applicable amount of 
restitution is at least approximately $465,267 (comprised of $188,667 
(based on the fraudulently obtained PPP loans) plus $276,600 (based 
on the fraudulently obtained EIDL loans)) but recognize and agree 
that (a) the government may argue that the amount of restitution 
should also include restitution for losses based on the convictions 
of 26 U.S.C. § 7206(2) and relevant conduct thereto, and (b) the 
$465,267 amount could change based on facts that come to the 
attention of the parties prior to sentencing. 
11. 
Should the Court order restitution to the IRS based on the 
convictions of 26 U.S.C. § 7206(2) and relevant conduct thereto, 
defendant agrees to pay Title 26 interest on any such restitution 
amount; interest runs from the last date prescribed for payment of 
the relevant tax through the date of sentencing. The government will 
provide an updated interest figure at sentencing. 
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12. 
Defendant agrees that any restitution ordered by the Court 
results from defendant’s fraudulent conduct. 
13. 
Defendant agrees that restitution is due and payable 
immediately after the judgment is entered and is subject to immediate 
enforcement, in full, by the United States. If the Court imposes a 
schedule of payments, defendant agrees that the schedule of payments 
is a schedule of the minimum payment due, and that the payment 
schedule does not prohibit or limit the methods by which the United 
States may immediately enforce the judgment in full. The IRS will use 
any amount of restitution ordered based on the 26 U.S.C. § 7206(2) 
convictions and relevant conduct thereto as the basis for a civil 
assessment under 26 U.S.C. § 6201(a)(4). Defendant does not have the 
right to challenge the amount of this restitution-based assessment. 
See 26 U.S.C. § 6201(a)(4)(C). Neither the existence of a restitution 
payment schedule nor defendant's timely payment of restitution 
according to that schedule will preclude the IRS from immediately 
collecting the full amount of the restitution-based assessment. 
14. 
Defendant understands and agrees that the plea agreement 
does not resolve defendant's civil tax liabilities, that the IRS may 
seek additional taxes, interest and penalties from defendant relating 
to the conduct covered by this plea agreement and for conduct 
relating to another time period, and that satisfaction of the 
restitution debt does not settle, satisfy, or compromise defendant's 
obligation to pay any remaining civil tax liability. Defendant 
authorizes release of information to the IRS for purposes of making 
the civil tax and restitution-based assessments. 
15. 
If full payment cannot be made immediately, defendant 
agrees to make a complete and accurate financial disclosure to the 
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IRS on forms prescribed by the IRS (including, but not limited to, 
IRS Form 433-A and Form 433-B, as appropriate), and to disclose to 
the IRS any and all additional financial information and financial 
statements provided to the probation office. Defendant also agrees to 
provide the above-described information to the probation office. 
16. 
The defendant understands that such restitution will be 
included in the Court's Order of Judgment and that an unanticipated 
restitution amount will not serve as grounds to withdraw the 
defendant's guilty plea or to withdraw from this plea agreement. 
17. 
The defendant agrees to waive his right to appeal any order 
of the district court relating to restitution. 
18. 
The defendant understands that the willful failure to pay 
the restitution and/or fine will be a violation of his supervised 
release, which could subject the defendant to a term of prison. 
19. 
Defendant understands and agrees that the Court must order 
defendant to pay the costs of prosecution for the Title 26 offenses, 
which may be in addition to the statutory maximum fine stated above. 
20. 
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 
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. 
21. 
Defendant understands that, by pleading guilty, defendant 
may be giving up valuable government benefits and valuable civic 
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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 felonies and that it is a 
federal crime for a convicted felon to possess a firearm or 
ammunition.  Defendant understands that the convictions 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 pleas.   
22. 
Defendant and his counsel have discussed the fact that, and 
defendant understands that, if defendant is not a United States 
citizen, the convictions in this case makes it practically inevitable 
and a virtual certainty that defendant will be removed or deported 
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, if defendant is not a United States citizen 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 convictions on his immigration status.  
Defendant nevertheless affirms that he wants to plead guilty 
regardless of any immigration consequences that his pleas may entail, 
even if the consequence is automatic removal from the United States.  
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Defendant understands that unexpected immigration consequences will 
not serve as grounds to withdraw defendant’s guilty pleas. 
FACTUAL BASIS 
23. 
Defendant admits that defendant is, in fact, guilty of the 
offenses to which defendant is agreeing to plead guilty.  Defendant 
and the USAO agree to the statement of facts set forth in Exhibit A 
and agree that this statement of facts is sufficient to support pleas 
of guilty to the charges described in this agreement and to establish 
the Sentencing Guidelines factors set forth in paragraph 25 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. 
SENTENCING FACTORS 
24. 
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 up to the maximum set by statute for the crimes of 
conviction. 
/// 
/// 
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25. 
Defendant and the USAO agree to the following applicable 
Sentencing Guidelines factors: 
Group 1:  False Tax Returns (Counts 4, 12, 17, 20) 
Base offense level 
At least 18 
but not more 
than 28 
USSG §§ 2T1.4(a)(1); 
2T4.1(G)-(L) 
In the business of 
preparing tax 
returns  
+2 
USSG §§ 2T1.4(b)(1) 
 
20 - 30 
 
 
Group 2:  Wire Fraud (Count 25) 
Base offense level 
7 
U.S.S.G. § 2B1.1(a)(1) 
Loss > $250,000 
+12 
U.S.S.G.§ 2B1.1(b)(1)(G) 
 
19 
 
 
The parties have no agreement regarding the amount of loss resulting 
from the false tax returns that defendant prepared except that it is 
at least $250,000; the government reserves the right to argue that 
the total tax loss, including relevant conduct, exceeds $25,000,000, 
and defendant reserves the right to object to that loss calculation. 
Defendant and the USAO reserve the right to argue that additional 
specific offense characteristics, adjustments, including a multiple 
count adjustment pursuant to USSG Chapter 3, Part D, and departures 
under the Sentencing Guidelines are appropriate.   
26. 
Defendant understands that there is no agreement as to 
defendant’s criminal history or criminal history category. 
27. 
Defendant and the USAO reserve the right to argue for a 
sentence outside the sentencing range established by the Sentencing 
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Guidelines based on the factors set forth in 18 U.S.C. § 3553(a)(1), 
(a)(2), (a)(3), (a)(6), and (a)(7). 
WAIVER OF CONSTITUTIONAL RIGHTS 
28. 
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. 
/// 
/// 
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WAIVER OF APPEAL OF CONVICTION 
29. 
Defendant understands that, with the exception of an appeal 
based on a claim that defendant’s guilty pleas were involuntary, by 
pleading guilty defendant is waiving and giving up any right to 
appeal defendant’s convictions on the offenses to which defendant is 
pleading guilty.  Defendant understands that this waiver includes, 
but is not limited to, arguments that the statutes to which defendant 
is pleading guilty are unconstitutional, and any and all claims that 
the statement of facts provided herein is insufficient to support 
defendant’s pleas of guilty. 
LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE 
30. 
Defendant agrees that, provided the Court imposes a total 
term of imprisonment on all counts of conviction of no more than the 
statutory maximum stated above, 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; (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 amount 
and terms of any restitution order, provided it requires payment of 
no more than $465,267; (f) the term of probation or supervised 
release imposed by the Court, provided it is within the statutory 
maximum; and (g) 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); the 
alcohol and drug use conditions authorized by 18 U.S.C. § 3563(b)(7); 
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and any conditions of probation or supervised release agreed to by 
defendant in paragraph 2 above. 
31. 
The USAO agrees that, provided all portions of the sentence 
are at or below the statutory maximum specified above, the USAO gives 
up its right to appeal any portion of the sentence, with the 
exception that the USAO reserves the right to appeal the amount of 
restitution ordered if that amount is less than $904,967. 
32. 
Defendant also gives up any right to bring a post-
conviction collateral attack on the convictions or sentence, 
including any order of restitution, 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.  Defendant 
understands that this waiver includes, but is not limited to, 
arguments that the statutes to which defendant is pleading guilty are 
unconstitutional, and any and all claims that the statement of facts 
provided herein is insufficient to support defendant’s pleas of 
guilty. 
WAIVER OF RIGHTS CONCERNING PLEA COLLOQUY AND FACTUAL BASIS 
33. 
Defendant agrees that: (i) any statements made by 
defendant, under oath, at the guilty plea hearing; (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 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 
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any evidence derived from the statements should be suppressed or are 
inadmissible. 
Defendant further agrees that this paragraph of the agreement is 
severable.  Thus, defendant’s waivers are binding and effective even 
if, subsequent to defendant’s signing this agreement, defendant 
declines to plead guilty, the Court declines to accept his guilty 
plea, or, if this agreement is of the type described in Federal Rule 
of Criminal Procedure 11(c)(1)(A) or (c)(1)(C), the Court rejects 
this agreement.  Defendant also agrees that his waivers are binding 
and effective even if some other portion of this agreement is found 
to be invalid by this Court or the Ninth Circuit. 
RESULT OF WITHDRAWAL OF GUILTY PLEA 
34. 
Defendant agrees that if, after entering guilty pleas 
pursuant to this agreement, defendant seeks to withdraw and succeeds 
in withdrawing defendant’s guilty pleas 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 dismissed a result of this agreement, 
then defendant waives and gives up all defenses based on the statute 
of limitations or any speedy trial claim with respect to any such 
charge, 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 
35. 
Defendant agrees that if any count of conviction is 
vacated, reversed, or set aside, the USAO may: (a) ask the Court to 
resentence defendant on any remaining counts of conviction, with both 
the USAO and defendant being released from any stipulations regarding 
Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 16 of 29   Page ID
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sentencing contained in this agreement, (b) ask the Court to void the 
entire plea agreement and vacate defendant’s guilty pleas on any 
remaining counts of conviction, with both the USAO and defendant 
being released from all their obligations under this agreement, or 
(c) leave defendant’s remaining convictions, sentence, and plea 
agreement intact.  Defendant agrees that the choice among these three 
options rests in the exclusive discretion of the USAO. 
EFFECTIVE DATE OF AGREEMENT 
36. 
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 
37. 
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 guilty pleas 
pursuant to this agreement, defendant will not be able to withdraw 
the guilty pleas, and (b) the USAO will be relieved of all its 
obligations under this agreement. 
38. 
Following the Court’s finding of a knowing breach of this 
agreement by defendant, should the USAO choose to pursue any charge 
that was dismissed as a result of this agreement, then: 
Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 17 of 29   Page ID
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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 
extent that such defenses existed as of the date of defendant’s 
signing this agreement. 
COURT AND UNITED STATES PROBATION AND PRETRIAL SERVICES 
OFFICE NOT PARTIES 
39. 
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. 
40. 
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 
maintain its view that the calculations in paragraph 25 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 
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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. 
41. 
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 pleas, 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 within 
the statutory maximum. 
NO ADDITIONAL AGREEMENTS 
42. 
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 in a 
writing signed by all parties or on the record in court. 
/// 
 
/// 
 
/// 
 
Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 19 of 29   Page ID
#:165

Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 20 of 29   Page ID
#:166

4/13/26
Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 21 of 29   Page ID
#:167

Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 22 of 29   Page ID
#:168

Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 23 of 29   Page ID
#:169

Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 24 of 29   Page ID
#:170

Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 25 of 29   Page ID
#:171

Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 26 of 29   Page ID
#:172

4/13/26
Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 27 of 29   Page ID
#:173

Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 28 of 29   Page ID
#:174

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CERTIFICATION OF DEFENDANT’S ATTORNEY 
I am KERWIN ALDRIC JORDAN’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 
guilty pleas pursuant to this agreement. 
ANTONIO VILLAAMIL 
Attorney for Defendant
Kerwin Aldric Jordan 
Date
gu
ty p eas pu sua
ANTONIO VILLAAMIL 
Attorney for Defenda
4/13/26
Case 2:25-cr-00801-SVW     Document 25     Filed 04/14/26     Page 29 of 29   Page ID
#:175

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