Plea Agreement - US v. Morgan

Record facts

U.S. District Court, Eastern District of Louisiana · No. 2:23-cr-00047-DJP-EJD · Doc. 54 · 2024-05-28 · Docket on CourtListener

Full text

U.S. Department of Justice
United States Attorney
Eastern District of Louisiana
Mary Katherine Kaulmon
Assistanl United Slqtes Allomey
650 Pqdras Street, Suite 1600
New Orleans, Louisiana 70130
Telephone : 504-680- 300E
Fox: 504-589-4395
May 28,2024
Honorable Darrel James Papillion
United States District Judge
Eastern District of Louisiana
500 Poydras Street, Room C-555
New Orleans, Louisiana 70130
Re
United States v. Dondre Morgan
Criminal Docket No. 23-47 "P"
Dear Judge Papillion,
In compliance with the holding of Bryan v. United States,492F.2d775 (5th Cir. 1974),
and with Rule 1l of the Federal Rules of Criminal Procedure, the Govemment wishes to
acknowledge the following agreement between the Govemment and Dondre Morgan, the
defendant, in the above-captioned proceeding. Defendant's undersigned counsel, Annalisa Miron,
has reviewed the terms ofthis agreement and has been advised by the defendant that the defendant
frrlly understands the terms of this agreement.
The defendant, Dondre Morgan, has been charged in an Indictrnent with two (2) counts of
Mail Fraud in violation of Title 18, United States Code, Section 1349 and one (l) count of Making
False Statements to Federal Agents in violation of Title 18, United States Code, Section
l00l(a)(2). The Government will allow the defendant to plead guilty to Count 3 of the Indictment
and agrees to dismiss the remaining counts at sentencing. The Government agrees not to bring any
additional charges against Morgan arising out of his false statements to federal agents €rs detailed
in the Indictment.
The defendant further understands that the maximum penalty defendant may receive should
his plea of guilty be accepted is five years (5) years imprisonment and/or a fine of $250,000 or the
greater of twice the gross gain to the defendant or twice the gross loss to any person under Title
18, United States Code, Section 3571.
It is also understood that the restitution provisions of Sections 3663 and 36634 of Title 18,
United States Code, will apply and the defendant agrees that any restitution imposed will be non-
dischargeable in any bankruptcy proceeding and that defendant will not seek or cause to be sought
,",},.MM
Defense Counsel l\tr'a,
Page I of4
Case 2:23-cr-00047-DJP-EJD     Document 54     Filed 05/28/24     Page 1 of 4

a discharge or a finding of dischargeability as to the restitution obligation. The Govemment and
the defendant agree that the defendant will make restitution under the restitution provisions of
Sections 3663 and 3663A of Title 18, United States Code, in the amount of $55,945.33.
Further, the defendant understands that a mandatory special assessment fee of$100.00 per
count shall be imposed underthe provisions of Section 3013 of Title 18, United States Code. This
special assessment must be paid on the date of sentencing. Failure to pay this special assessment
may result in the plea agreement being void.
The defendant further understands that the Court, in imposing a sentence of a term of
imprisonment, may include as part of the sentence a requirement that the defendant be placed on
a term of supervised release after imprisonment for a period of up to three (3) years pursuant to
Title 18, United States Code, Section 3583. Supervised release is a period following release from
prison during which defendant's conduct will be monitored by the Court or the Court's designee.
Defendant fully understands that if defendant violates any of the conditions of supervised release
that the Court has imposed, defendant's supervised release may be revoked and defendant may be
ordered by the Court to serve in prison all or part ofthe term ofsupervised release.
Defendant understands that Title 18, United States Code, Section 3742 andTitle 28, United
States Code, Section 1291, may give a criminal defendant the right to appeal his conviction,
sentence, restitution, fine, and judgment imposed by the Court. Defendant also understands that he
may have the right to file collateral challenges to his conviction and sentence, and judgment,
including but not limited to rights provided by Title 28, United States Code, Sections 2255 and
2247,Plule 60 of the Federal Rules of Civil Procedure, Rule 36 of the Federal Rules of Criminal
Procedure, and writs ofcoram nobis and audita querela. Defendant further understands that Title
18, United States Code, Section 3582(c)(2), may allow the Court to grant a sentencing reduction
to the defendant if the defendant has been sentenced to a term of imprisonment based upon a
sentencing range that has been subsequently lowered by the United States Sentencing Commission
and determined to apply retroactively to defendants who already have been sentenced to a term of
imprisonment.
Acknowledging these rights, subject only to the exceptions indicated in subsection (d)
below, the defendant, in exchange for the promise(s) and agreement(s) made by the United States
in this plea agreement, knowingly and voluntarily:
a. 
Waives and gives up any right to appeal or contest his guilty plea, conviction,
sentence, fine, supervised release, and any restitution imposed by anyjudge under any applicable
restitution statute, including but not limited to any right to appeal any rulings on pretrial motions
ofany kind whatsoever, as well as any aspect ofhis sentence, including but not limited to any and
all rights which arise under Title 18, United States Code, Section 3742 ar,d Title 28, United States
Code, Section 1291;
b. 
Waives and gives up any right to appeal any order, decision, or judgment arising
out of or related to Title 18, United States Code, Section 3582(c)(2) imposed by any judge and
further waives and gives up any right to challenge the manner in which his sentence was
determined and to challenge any United States Sentencing Guidelines determinations and their
application by anyjudge to the defendant's sentence andjudgment;
Page 2 of 4
AUSA'trJ'E
Defendant-[4
DefenseCounsel ftr,r,t
Case 2:23-cr-00047-DJP-EJD     Document 54     Filed 05/28/24     Page 2 of 4

c. 
Waives and gives up any right to challenge his sentence collaterally, including but
not limited to any and all rights which arise under Title 28, United States Code, Sections 2255 and
224l,Piule 60 of the Federal Rules of Civil Procedure, Rule 36 of the Federal Rules of Criminal
Procedure, writs of coram nobis and audita querela, and any other collateral challenges to his
sentence ofany kind; and
d. 
The defendant specifically does not waive, and retains the right to bring a direct
appeal of any sentence imposed in excess of the statutory maximum. The defendant also retains
the right to raise a claim ofineffective assistance ofcounsel in an appropriate proceeding.
The defendant understands that any discussions with defendant's attomey or anyone else
regarding sentencing guidelines are merely rough estimates and the Court is not bound by those
discussions. The defendant understands that the sentencing guidelines are advisory and are not
mandatory for sentencing puposes. The defendant understands the Court could impose the
maximum term of imprisonment and fine allowed by law, including the imposition of supervised
release. The defendant is also aware that in determining a fair and just sentence, the Court has the
authority and discretion, pursuant to Title 18, United States Code, Sections 3553 and 3661 and
Section 181.3 of the United States Sentencing Guidelines, to consider any and all "relevant
conduct" that the defendant was involved in, the nature and circumstances ofthe offenses, and the
history and characteristics ofthe defendant.
In an effort to resolve this matter in a timely fashion and show good faith, the defendant
agrees to knowingly, voluntarily, and expressly waive his rights pursuant to Rule 410(a) of the
Federal Rules ofEvidence upon signing this plea agreement and the factual basis. The defendant
understands and agrees that in the event the defendant violates the plea agreement, withdraws his
decision to plead guilty, his guilty plea is later withdrawn or otherwise set aside, any statements
made by the defendant to law enforcement agents or an attorney for the prosecuting authority
during plea discussions, any statements made by the defendant during any court proceeding
involving the defendant's plea of guilty, including any factual bases or summaries signed by the
defendant, and any leads from such statements, factual bases or summaries, shall be admissible for
all purposes against the defendant in any and all criminal proceedings.
The defendant agrees to forfeit and give to the United States prior to the date ofsentencing
any right, title and interest which the defendant may have in assets constituting or derived from
proceeds the defendant obtained directly or indirectly as a result ofthe violation(s) to which he is
pleading guilty and/or which are assets used or intended to be used in any manner or part to commit
and to facilitate the commission of the violation(s) to which defendant is pleading guilty. The
defendant further agrees not to contest the adminishative, civil or criminal forfeiture of any such
asset(s). These assets include, but are not limited to, any assets charged in the Indictment or any
Bill ofParticulars filed by the United States. The defendant agrees that any asset charged in the
Indictment or Bill of Particulars is forfeitable as proceeds of the illegal activity for which he is
pleading guilty. With respect to any asset which the defendant has agreed to forfeit, the defendant
waives any constitutional and statutory challenges in any manner (including direct appeal,
collateral challenges ofany type, habeas corpus motions or petitions, or any other means) to any
forfeiture carried out in accordance with this plea agreement on any grounds, including that the
forfeiture constitutes an excessive fine or punishment under the Eighth Amendment to the United
States Constitution.
Page 3 of4
AUSA TI.tr/F
DefendantDZ
Defense Counsel Ah
Case 2:23-cr-00047-DJP-EJD     Document 54     Filed 05/28/24     Page 3 of 4

The defendant further agrees to submit to interviews whenever and wherever requested by
law enforcement authorities regarding all assets currently or previously within defendant's
possession. It is also understood that defendant will provide any and all financial information and
documentation requested by the Government, agrees to voluntarily execute a complete and
thorough Financial Statement of Debtor, and further agrees to provide the requested List of Items
that is attached to the Financial Statement. The defendant understands this information may be
provided to a representative of any victim of this offense. The defendant recognizes that any
criminal monetary penalty, whether special assessment, criminal fine, or restitution, that is owed
as a result of his conviction will be immediately submitted to the Treasury Offset Program. The
defendant waives any objection to his inclusion in the Treasury Offset Program.
The defendant understands that the statements set forth above and in the attached SEALED
document (Attachment "A") represents defendant's entire agreement with t}te Government; there
are not any other agreements, letters, or notations that will affect this agreement.
Respectfully,
DUANE A. EVANS
UNITED STATES ATTORNEY
5
MARY
RINEKAUFM
Date
Assistant United States Attomey
,4-.- 
T/t
2- 7
21
ANNALISA MIRON
Attomey for the Defendant
Date
&rd* fvL*- s/tr/e,1
DONDRE MORGAN
Defendant
Date
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&
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