Plea Agreement — United States v. Shavonte Hill (District of Nevada)

Summary

A plea agreement under Fed. R. Crim. P. 11(c)(1)(A) and (B), filed November 2, 2023 as Document 45 in United States of America versus Shavonte Hill, Case 2:23-cr-00119-APG-MDC, in the United States District Court for the District of Nevada. Hill agrees to plead guilty to Counts One and Two, which charge wire fraud in violation of 18 U.S.C. §§ 1343 and 3147. The factual basis states that Hill was on release under the Bail Reform Act in Case No. 2:17-cr-132 when the wire fraud was committed, so the court must impose an additional consecutive term of up to 10 years. The parties currently believe that restitution is approximately $42,082. The USAO agrees not to bring additional charges arising from the investigation, including controlled substance and money laundering charges.

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ase 2:23-cr-00119-APG-MDC Document 45 | Filed 11/02/23 Page 1 of 26

ail RECEIVEL
1 || JASON M. FRIERSON CLERK USDC _
United States Attorney D US Dio thiCl COURT
2 || District of Nevada AOIINOT OF WheVADA
Nevada Bar Number 7709 Ue pr
3 || KIMBERLY M. FRAYN oo
JESSICA OLIVA
4 || Assistant United States Attorney
501 Las Vegas Boulevard South, Suite 1100
5 || Las Vegas, Nevada 89101
Tel: (702) 388-6336
6 || Kimberly. Frayn@usdoj.gov
Jessica.Oliva@usdoj.gov
7 || Attorneys for the United States of America
8 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
9
UNITED STATES OF AMERICA, No. 2:23-cr-00119-APG-VCF
10
Plaintiff,
11 Plea Agreement for Defendant
Vv. Shavonte Hill Pursuant to
12 Fed. R. Crim. P. 11(c)(1)(A) and (B)
SHAVONTE HILL,
13
Defendant.
14 |
15 This plea agreement between Shavonte Hill (“defendant”) and the United States

16 || Attorney’s Office for the District of Nevada (the “USAO”) sets forth the parties’ agreement
17 || regarding the criminal charges referenced herein and the applicable sentences, fines, and

18 || restitution in the above-captioned case. This agreement binds only defendant and the USAO
19 || and does not bind the district court, the US. Probation Office, or any other federal, state,

20 || local, or foreign prosecuting, enforcement, administrative, or regulatory authorities. This

21 || agreement does not prohibit the USAO or any agency or third party from seeking any other
92. || civil or administrative remedies, including administrative forfeiture or civil forfeiture in rem
23 || actions, directly or indirectly against defendant or defendant’s property.

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Case 2:23-cr-00119-APG-MDC Document 45 Filed 11/02/23 Page 2 of 2

This agreement becomes effective upon signature by defendant, defendant's counsel,
and an Assistant United States Attorney.
I. DEFENDANT’S OBLIGATIONS
1. Defendant agrees to:
a. At the earliest Opportunity requested by the USAO and provided by
the district court, appear and plead guilty to Counts One and Two of the indictment in this

case, which charge defendant with wire fraud in violation of 18 U.S.C. §§ 1343 and 3147;

b. Stipulate to the facts agreed to in this agreement;

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

d. Not seek to withdraw defendant’s guilty pleas once they are entered;

é. Not request release or seek to modify the existing pre-trial order of
detention;

f. Appear for all court appearances, surrender as ordered for service of

matter;

g. Not commit any federal, state, or local crime;

h. Be truthful at all times with the U.S. Probation and Pretrial Services
Offices and the Court;

i. Before and after sentencing, upon request by the Court, the USAO, or

the Probation Office, provide accurate and complete financial information, submit sworn
statements, and/or give depositions under oath concerning defendant’s assets and
defendant’s ability to Pay. As part of the required disclosure, defendant agrees to provide

any and all financiat information and authorizations requested by the Probation Office for

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Case 2:23-cr-00119-APG-MDC Document 45 Filed 11/02/23 Page 3 of 26

1 || preparation of the Presentence Report. Defendant further agrees that, upon filing of this
2 || agreement, the USAO is authorized to obtain defendant’s credit report. Defendant will also
3 || complete a financial form provided by the USAO, to include all supporting documentation,
4 || and return it to the USAO within ten (10) days from entry of the plea. Defendant agrees that
5 || the district court may enter any order necessary to effectuate or facilitate disclosure of
6 || defendant’s financial information;
7 j. To facilitate payment of any fine, restitution, or assessment, surrender
8 || assets defendant obtained directly or indirectly as a result of defendant’s crimes. Defendant
9 || agrees to voluntarily release funds and property under defendant’s control or in which

10 || defendant has any property interest, before and after sentencing, to pay any fine or

11 || restitution identified in this agreement, agreed to by the parties, or ordered by the Court;

12 || and

13 k. Defendant agrees that restitution shall be ordered due and payable in

14 || full immediately after the judgment is entered, and that the full amount of any restitution

15 || ordered is subject to immediate enforcement and collection by the USAO or defendant’s

16 || victims, or both. Defendant agrees that any schedule of payments entered by the district

17 || court is a schedule of the minimum payment due and does not prohibit or limit the methods

18 || by which the USAO may immediately enforce and collect the judgment in full. Defendant

19 || acknowledges that restitution may not be discharged, in whole or in part, in any present or

20 || future bankruptcy proceeding.

21 Il. THE USAO’S OBLIGATIONS
22 de The USAO agrees to:

as a. Stipulate to facts agreed to in this agreement,
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b. Abide by all agreements regarding sentencing contained in this
agreement;

c. At 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 move for an additional one-level reduction if available under that section;

d. Not bring any additional charges against defendant arising out of the
investigation in the District of Nevada which culminated in this agreement and based on
conduct known to the USAO (including the conduct described in Paragraphs 12.c and
12.dd, infra), including but not limited to, violations of 21 U.S.C. § 841 relating to controlled
substance offenses and 18 U.S.C. §§ 1956 and 1957 relating to money laundering. However,
the USAO reserves the right to prosecute defendant for (a) any crime of violence as defined
by 18 U.S.C. § 16; and (b) any criminal tax violations (including conspiracy to commit such
violations chargeable under 18 U.S.C. § 371). Defendant agrees that the district court at
sentencing may consider any uncharged conduct in determining the applicable sentencing
guidelines range, the propriety and extent of any departure from that range, and the
sentence to be imposed after consideration of the sentencing guidelines and all other
relevant factors under 18 U.S.C. § 3553(a).

Ill. ELEMENTS OF THE OFFENSE

3. Counts One and Two: The elements of wire fraud under 18 U.S.C. § 1343 are

as follows:
First: 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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Case 2:23-cr-00119-APG-MDC Document 45 Filed 11/02/23. Page 5 of 26

1 Second: The statements made as part of the scheme were material; that is, they
2 || had a natural tendency to influence, or were capable of influencing, a person to part with

3 || money or property.

4 Third: Defendant acted with the intent to defraud, that is, the intent to deceive and
5 || cheat.
6 Fourth: Defendant used, or caused to be used, an interstate wire

7 || communication to carry out or attempt to carry out an essential part of the scheme.
8 || See Ninth Circuit Model Criminal Jury Instruction 15.35 (rev. June 2021).
9 The elements for an enhanced penalty for committing an offense while on release, in

10 || violation of 18 U.S.C. § 3147, are:

11 First: The defendant was released pursuant to the Bail Reform Act of 1966;
12 Second: The defendant was notified of the effect of committing an offense

13 || while on release; and

14 Third: The defendant committed an offense while on release.

15 || See 18 U.S.C. § 3147.

16 IV. CONSEQUENCES OF CONVICTION
17 4. Maximum Statutory Penalties:
18 a. Defendant understands that the statutory maximum sentence the

19 || district court can impose for each violation of 18 U.S.C. § 1343 as charged in Counts One
20 || and Two, is: 20 years imprisonment; a 3-year period of supervised release; a fine of

21 || $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is

22 || greatest; and a mandatory special assessment of $100.

23 b. Defendant understands that because defendant committed the offenses

24 || charged in Counts One and Two in violation of 18 U.S.C. § 3147(1), the district court must
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Case 2:23-cr-00119-APG-MDC Document 45 _~ Filed 11/02/23

1 || impose an additional term of imprisonment on Counts One and Two of up to 10 years that
2 || must run consecutive to any other sentence of imprisonment.

3 C. Defendant understands, therefore, that the total maximum sentence

4 || for all offenses to which defendant is pleading guilty is: 60 years imprisonment; a 3-year

5 || period of supervised release; a fine of $500,000 or twice the gross gain or gross loss resulting
6 || from the offenses, whichever is greatest; and a mandatory special assessment of $200.

7 5), Restitution: Defendant understands that defendant will be required to pay full

8 || restitution to the victims of the offenses to which defendant is pleading guilty. Defendant

9 || agrees that, in return for the USAO’s compliance with its obligations under this agreement,
10 || the Court may order restitution to persons other than the victims of the offenses to which
11 || defendant is pleading guilty and in amounts greater than those alleged in the counts to
12 || which defendant is pleading guilty. In particular, defendant agrees that the Court may order
13 |] restitution to any victim of any of the following for any losses suffered by that victim as a
14 || result: (a) any relevant conduct, as defined in USSG § 1B1.3, in connection with the
15 || offenses to which defendant is pleading guilty; and (b) any charges not prosecuted pursuant
16 | to this agreement as well as all relevant conduct, as defined in USSG § 1B1.3, in connection
17 || with those charges. The parties currently believe that the applicable amount of restitution is
18 || approximately $42,082 but recognize and agree that this amount could change based on
19 | facts that come to the attention of the parties prior to sentencing.

20 7. Parole Abolished: Defendant acknowledges that defendant’s prison sentence

21 || cannot be shortened by early release on parole because parole has been abolished.
a2 8. Supervised Release: Defendant understands that supervised release is a period
23 || of time following imprisonment during which defendant will be subject to various

24 || restrictions and requirements. Defendant understands that if defendant violates one or more

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Case 2:23-cr-00119-APG-MDC Document 45 _~ Filed 11/02/23

Page 7 of 26

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 offenses 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.

9. Factors under 18 U.S.C. § 3553: Defendant understands that the district court

must consider the factors set forth in 18 U.S.C. § 3553(a) in determining defendant’s
sentence. However, the statutory maximum sentence limits the district court’s discretion in
determining defendant’s sentence.

10. Potential Collateral Consequences of Conviction: 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 once the district court
accepts defendant's guilty pleas, it will be a federal felony for defendant 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 pleas.

11. Potential Removal/ Deportation Consequences of Conviction: Defendant

understands that, if defendant is not a United States citizen, the felony conviction in this
case may subject defendant to removal, also known as deportation, which may, under some
circumstances, be mandatory; denial of citizenship; and denial of admission to the United
States in the future. The district court cannot advise defendant fully regarding the

immigration consequences of the felony conviction in this case, but defendant’s attorney has

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Case 2:23-cr-00119-APG-MDC Document 45 Filed 11/02/23 Page 8 of 26

advised him about the deportation risks of his guilty plea. Defendant understands that
unexpected immigration consequences will not serve as grounds to withdraw defendant’s
guilty pleas.
V. FACTUAL BASIS

12. Defendant admits that defendant is, in fact, guilty of the offenses to which
defendant is agreeing to plead guilty. Defendant acknowledges that if defendant elected to
£0 to trial instead of pleading guilty, the USAO could prove defendant’s guilt beyond a
reasonable doubt. Defendant further acknowledges that defendant’s admissions and
declarations of fact set forth below satisfy every element of the charged offenses. Defendant
waives any potential future claim that the facts defendant admitted below are insufficient to
satisfy the elements of the charged offenses. Defendant admits and declares under penalty of
perjury that the facts set forth below are true and correct:

Hill’s Release Under the Bail Reform Act

a. At all times relevant to the Wire Fraud scheme, defendant Shavonte
Hull (“Hill”) was a United States citizen residing in Las Vegas, Nevada, who was serving a
term of federal supervised release imposed in United States v. Shavonte Hill, Case No. 2:17-cr-
132 in the District of Nevada.

b. On December 9, 2020, Hill made his initial appearance on a petition
for revocation of supervised release in Case No. 2:17-cr-132. The Court released Hill
pursuant to the Bail Reform Act on a personal recognizance bond with conditions.

c. Hill’s appearance bond expressly advised him that “[w]hile on release,
if you commit a federal felony offense the punishment is an additional prison term of not

more than ten years .. . . This sentence will be consecutive (i.e., in addition to) to any other
Case 2:23-cr-00119-APG-MDC Document 45 Filed 11/02/23 Page 9 of 26

1 || sentence you receive.” Hill signed the appearance bond below a statement acknowledging
2 || that he was “aware of the penalties and sanctions set forth above.”
3 d. While on release, Hill committed Wire Fraud, in violation of 18

4 || U.S.C. §§ 1343 and 3147, as charged in Counts One and Two of the Information.

5 Background Regarding the Paycheck Protection Program
6 e. The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act

7 | is a federal law enacted in or around March 2020 and is designed to provide emergency

8 || financial assistance to the millions of Americans who are suffering the economic effects

9 || caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was
10 || the authorization of up to $349 billion in forgivable loans to small businesses and sole
11 || proprietorships for job retention and certain other expenses, through a program referred to
12 || as the Paycheck Protection Program (“PPP”). Subsequent legislation provided additional
13 || funding for the PPP and extended its duration. Businesses and eligible individuals could
14 || apply for PPP loans through May 31, 2021.
15 f. In order to obtain a PPP loan, a qualifying business, independent
16 || contractor/self-employed individual, or sole proprietorship was required to submit a PPP
17 || loan application signed by an authorized representative of the business. The PPP loan
18 || application required the applicant (through its authorized representative) to acknowledge
19 || the program rules and make certain affirmative certifications in order to be eligible to obtain
20 || the PPP loan. In the PPP loan application, the applicant (through its authorized
21 || representative) was required to state, among other things, its: (a) average monthly payroll
22 || expenses; and (b) number of employees. Applicants who did not have employees and who
23 || filed an IRS Form 1040, Schedule C could report gross income instead of payroll. These

24 || figures were used to calculate the amount of money the applicant was eligible to receive

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Case 2:23-cr-00119-APG-MDC Document45_ Filed 11/02/23 Page 10 of 26

under the PPP. In addition, businesses or sole proprietorships applying for a PPP loan were
required to provide documentation showing their eligibility and qualifying payroll amount.

g. A participating financial institution (the lender) processed a PPP loan
application. If the lender approved a PPP loan application, it funded the PPP loan using its
own monies, which the Small Business Administration (“SBA”) guaranteed 100%. If the
lender made a PPP loan to the applicant, the SBA paid the lender a processing fee, which
was calculated based on the amount of the loan. The lender transmitted information to the
Small Business Administration in the course of processing the loan data from the
application, including information about the borrower, the total amount of the loan, and the
listed number of employees. The SBA oversees the PPP, which has authority over all loans.
Over 5,000 lending institutions, mostly banks and credit unions, have participated in the
PPP.

h. The business or individual receiving the PPP loan proceeds must
spend the funds on certain permissible expenses, such as payroll costs, interest on
mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to
be entirely forgiven if the loan proceeds are spent on permissible expense items within a
designated period of time and uses a specified portion of the PPP loan proceeds on payroll
expenses. When a PPP loan is forgiven, the SBA pays the lender the amount of the forgiven
interest and principal.

Background Regarding the Economic Injury Disaster Loan Program

i. The Economic Injury Disaster Loan (“EIDL”) Program is a SBA

program that provides low-interest financing to small businesses, renters, and homeowners

in regions affected by declared disasters.

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Case 2:23-cr-00119-APG-MDC Document45_ Filed 11/02/23 Page 11 of 26

1 j. Another source of relief provided by the CARES Act was the
2 || authorization for the SBA to provide EIDLs of up to $2 million to eligible small businesses
3 || experiencing substantial financial disruption due to the COVID-19 pandemic. In addition,
4 || the CARES Act authorized the SBA to issue advances of up to $10,000 to small businesses
5 || within three days of applying for an EIDL. The amount of the advance was determined by
6 || the number of employees that the applicant certified it had. The advances did not have to
7 || be repaid.
8 k. In order to obtain an EIDL and advance, a qualifying business is
9 || required to submit an application to the SBA and provide information about its operations,
10 || such as the number of employees, gross revenues for the 12-month period preceding the
11 || disaster, and cost of goods sold in the 12-month period preceding the disaster. In the case
12 || of EIDLs for COVID-19 relief, the 12-month period was that preceding January 31, 2020.
13 || The applicant must also certify that all the information in the application is true and correct
14 || to the best of the applicant’s knowledge.
15 L EIDL applications are submitted directly to the SBA and processed
16 || by the agency with support from a government contractor, Rapid Finance, via a server in
17 || Des Moines, Iowa. The amount of the loan, if the application was approved, was
18 || determined based, in part, on the information provided by the application about
19 || employment, revenue, and cost of goods, as described above. Any funds issued under an
20 || EIDL or advance are issued directly by the SBA. EIDL funds can be used for payroll
21 || expenses, sick leave, production costs, and business obligations, such as debts, rent, and
22 || mortgage payments. If the applicant also obtained a loan under the PPP, the EIDL funds
23 || cannot be used for the same purpose as the PPP funds.

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Case 2:23-cr-00119-APG-MDC Document45- Filed 11/02/23 Page 12 of 26

Hill’s Scheme to Defraud

m. Beginning on a date unknown, but no later than June 2020, and
continuing until on or about June 3, 2021, Hill participated in and devised and intended to
devise a scheme and artifice to defraud, and for obtaining money and property from the
SBA and financial institutions by means of materially false and fraudulent pretenses,
representations, and promises, as further set forth below.

n. It was the purpose of the scheme for Hill to unjustly enrich himself
and others by fraudulently obtaining loans, to which Hill knew he was not entitled,
intended to help small businesses suffering economic harm caused by the COVID-19
pandemic. It was part of the scheme that Hill submitted on behalf of businesses that did not
exist loan applications that contained materially false and fraudulent information,
including but not limited to: (a) false revenue amounts for these non-existent companies;
and (b) and false certifications that Hill would spend the loan money as was specified in the
Covid relief programs on certain permissible business expenses, such as payroll costs,
interest on mortgages, rent, and utilities. Hill also provided fake documentation in support
of his loan applications purporting to show gross annual receipts in year 2020 for the
nonexistent businesses.

O. The actual loss for Hill’s scheme to defraud is approximately $42,082.

Hill’s Fraudulent EIDL Applications

p. In June 2020 and March 2021, Hill submitted at least three EIDL
applications to the SBA by way of interstate wire communications via the internet. These
applications contained materially false and fraudulent statements, promises, and

misrepresentations, including that these businesses existed, that they had employees, that

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Case 2:23-cr-00119-APG-MDC Document 45

Filed 11/02/23

Page 13 of 26

they had gross revenues, and that Hill had not been convicted of a felony within the past
five years:
Application Business Name Type of Business No. of Gross
Date Employees Revenues
June 24, 2020 | Hillsmen Staffing seauing’ Temp 15 $60,000
gency
June 29,2020 | Shavonte Hil | Stffing/Temp 8 $60,000
Agency
March 10, 2021 Shavonte Hill Agriculture 10 $60,000

q.

r.

Ss.

t.

As a result of his June 24, 2020 EIDL application, Hill obtained from

additional $35,000 in fraudulent Covid relief proceeds.

Hill’s Fraudulent PPP Loan Applications

Records from Financial Institutions 1 and 3 show that, on or about

gross revenue during the year 2020.

the SBA $10,000 in Covid relief funds as an EIDL advance that he was not eligible to
receive. The SBA did not grant these EIDL loan applications, other than the $10,000 EIDL

advance. Had the SBA approved and funded these loans, Hill would have obtained an

April 11, 2021, Hill submitted an online PPP loan application to Financial Institutions 1

and 3 claiming that he was the sole proprietor for a barber business that made $65,000 in

Records from Financial Institutions 2 and 3 show that, on or about

and 3 that contained those same false claims.

April 13, 2021, Hill submitted an online PPP loan application to Financial Institutions 2

To document his claimed revenue, Hill provided a fake 2020 IRS

Form 1040 Schedule C along with each application, bearing his name and social security

number, purporting to show gross annual receipts of $65,000 for the applicant barber
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business. Hill did not have a barber business in 2020, and IRS records show that Hill filed
no such IRS Form.

u. As a result of these applications, Hill obtained two PPP loans totaling
$27,082 in Covid relief funds that he was not eligible to receive. In addition, the SBA paid
another $5,000 in fees to the financial institutions that issued the loans.

v. The two applications requested that the loan proceeds be deposited
into a Wells Fargo Bank checking account, number ending in 1275. Wells Fargo records
show that this account belonged to Hill.

w. Wells Fargo Bank records show that on or about April 3, 2020, Hill
opened Wells Fargo Bank checking account, number ending in 1275, and a saving account,
number ending in 9024. At the time Hill opened the accounts, he stated that he was
employed through a labor union. Both accounts show deposits of paychecks from
construction companies, and United States Treasury tax refunds. Additionally, a Nevada
state income tax refund was deposited into the savings account.

X. The balance of the checking account on or about April 27, 2021, was
$207.91. The next day, Financial Institutions 2 and 3 deposited the $13,541 Covid relief
funds into that checking account. On or about May 3, 2021, about $13,000 was transferred
from the checking account into the savings account. On or about June 3, 2021, Financial
Institutions 1 and 3 deposited an additional $13,541 in Covid relief funds into that same
checking account. The next day, about $12,000 was transferred from the checking account
into the savings account. There are no deposits into either account that appear to originate
from a barber business. There are no withdrawals from either account that appear to be for
payroll costs, operating expenses, interest on mortgages, rent, or utilities for a barber

business.

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1 y. Hill has held no state, county, or city business licenses in Nevada.
2 || Hill has held no license from the Nevada Barber’s Health and Sanitation Board or from the
3 || Nevada State Board of Cosmetology.
4 Z. Nevada Department of Employment, Training and Rehabilitation
5 || (DETR) records show that from or about December 2019, to on or about July 2020, Hill
6 || received weekly Nevada unemployment benefit payouts after he stated he had been laid off
7 || from his fulltime construction jobs through the Union due to a building slow down.
8 || Further, the DETR records contain a copy of a Nevada tax document, Form 1099-G,
9 || showing that Hill received at least $25,200 in unemployment benefits in 2020. DETR
10 | records reflecting Hill’s employment history from the first quarter in year 2019 through the
11 || third quarter in year 2020 shows Hill employed with construction companies and does not

12 || show that Hill had a barber business during that time.

13 The Charged Wire Communications
14 aa. Count One. On or about April 11, 2021, Hill, for the purpose of

15 || executing the scheme and artifice to defraud, transmitted and caused to be transmitted, by
16 |] means of wire communication in interstate commerce, writings, signs, signals, pictures,
17 || and sounds, that is, a PPP loan application electronically transmitted by Hill from within
18 || Nevada to Financial Institutions 1 and 3 outside of Nevada.

19 bb. Count Two. On or about April 13, 2021, Hill, for the purpose of

20 || executing the scheme and artifice to defraud, transmitted and caused to be transmitted, by
21 || means of wire communication in interstate commerce, writings, signs, signals, pictures,

22 || and sounds, that is, a PPP loan application electronically transmitted by Hill from within

23 || Nevada to Financial Institutions 2 and 3 outside of Nevada.
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Case 2:23-cr-00119-APG-MDC Document45_ Filed 11/02/23 Page 16 of 26

Hill’s Conduct Pending Trial a

cc. Hill was initially arrested on a complaint in this case on October-6>
2027" ECF No. 4. Hill was ordered detained and has remained in federal custody pending
trial in this case since that time. ECF No. 5.

dd. OnJune 17, 2023—while in custody pending trial in this case at
Nevada Southern Detention Center—a fight broke out between two large groups of
detainees. After containing the fight, detention officers searched the detainees, including
Hill. The detention officer searching Hill discovered 146 little baggies of illegal narcotics on
Hill’s person. These baggies contained a mixture of methamphetamine and fentanyl.

VI. SENTENCING FACTORS

13. Discretionary Nature of Sentencing Guidelines: Defendant understands that

in determining defendant’s sentence, the district 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 district 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.

14. Offense Level Calculations: The parties jointly agree and stipulate that, in

calculating defendant’s advisory guidelines sentencing range, the Court should use the

following base offense level and adjustments; acknowledge that these stipulations do not

bind the district court; and agree that they will not seek to apply or advocate for the use of

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1 || any other base offense level(s) or any other specific offense characteristics, enhancements, or

2 || reductions in calculating the advisory guidelines range:

3 Base Offense Level [USSG § 2B1.1(a)(1)]: 7
4 Loss Exceeding $40,000 [USSG § 2B1.1(b)(1)(D)]: +6
5 Commission of Offense While on Release [USSG § 3C1.3]: +3
6 Adjusted Offense Level: 16
i; 15. Reduction for Acceptance of Responsibility: Under USSG § 3E1.1(a), the

8 || USAO will recommend that defendant receive a two-level downward adjustment for

9 || acceptance of responsibility unless defendant (a) fails to truthfully admit facts establishing a
10 || factual basis for the guilty pleas when defendant enters the pleas; (b) fails to truthfully admit
11 |} facts establishing the amount of restitution owed when defendant enters the guilty pleas; (c)
12 || fails to truthfully admit facts establishing the forfeiture allegations when defendant enters
13 || the guilty pleas; (d) provides false or misleading information to the USAO, the Court,
14 || Pretrial Services, or the Probation Office; (e) denies involvement in the offenses or provides
15 || conflicting statements regarding defendant’s involvement or falsely denies or frivolously
16 || contests conduct relevant to the offenses; (f) attempts to withdraw defendant’s guilty pleas;
17 || (g) commits or attempts to commit any crime; (h) fails to appear in court; or (i) violates the
18 || conditions of pretrial release.
19 Under USSG § 3E1.1(b), if the district court determines that defendant’s total offense
20 || level before operation of § 3E1.1(a) is 16 or higher, and if the USAO recommends a two-
21 || level downward adjustment pursuant to the preceding paragraph, the USAO will move for

22 || an additional one-level downward adjustment for acceptance of responsibility before

23 || sentencing because defendant communicated defendant’s decision to plead guilty in a timely
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manner that enabled the USAO to avoid preparing for trial and to efficiently allocate its
resources.

16. Criminal History Category: Defendant acknowledges that the district court
may base defendant’s sentence in part on defendant’s criminal record or criminal history.
The district court will determine defendant’s criminal history category under the sentencing
guidelines.

17. Additional Sentencing Information: The stipulated sentencing guidelines

calculations are based on information now known to the parties. Defendant understands
that both defendant and the USAO are free to (a) supplement the facts in this agreement by
supplying relevant information to the U.S. Probation and Pretrial Services Offices and the
district court regarding the nature, scope, and extent of defendant’s criminal conduct and
any aggravating or mitigating facts or circumstances; and (b) correct any and all factual
misstatements relating to the district court’s sentencing guidelines calculations and
determination of sentence. While this paragraph permits both the USAO and defendant to
submit full and complete factual information to the U.S. Probation and Pretrial Services
Offices and the district 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. Good faith efforts
to provide truthful information or to correct factual misstatements shall not be grounds for
defendant to withdraw defendant’s guilty pleas.

Defendant acknowledges that the U.S. Probation Office may calculate the sentencing
guidelines differently and may rely on additional information it obtains through its
investigation. Defendant also acknowledges that the district court may rely on this and other

additional information as it calculates the sentencing guidelines range and makes other

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1 || sentencing determinations, and the district court’s reliance on such information shall not be
2 || grounds for defendant to withdraw defendant’s guilty pleas.
3 Vil. POSITIONS REGARDING SENTENCING
4 18. The parties will jointly recommend that the district court impose a total
5 || sentence at the high end of the advisory guideline range as determined by the district court,
6 || followed by a three-year term of supervised release. Defendant will not, either explicitly or
7 || implicitly, argue for a downward departure or variance from defendant’s offense level or
8 || criminal history category. In agreeing to this sentencing recommendation, the parties have
9 || taken into consideration all of the factors set forth in 18 U.S.C. § 3553(a) and conclude that
10 || a high-end guideline sentence is a reasonable sentence.
11 19. Defendant acknowledges that the district court does not have to follow the
12 || recommendation of either party.
13 20. Notwithstanding its agreement to recommend a sentence as described above,
14 || the USAO reserves its right to defend any lawfully imposed sentence on appeal or in any
15 || post-conviction litigation.
16 21. Ifdefendant commits any act that results in the Court finding that defendant
17 || is not entitled to a downward adjustment for acceptance of responsibility, the USAO is
18 || entitled to argue for any sentence it deems appropriate under 18 U.S.C. § 3553(a). In any
19 || such event, Defendant remains bound by the provisions of this agreement and shall not
20 || have the right to withdraw defendant’s guilty pleas.
21 VIN. WAIVER OF CONSTITUTIONAL RIGHTS
22 22. Defendant understands that by pleading guilty, defendant gives up the
23 | following rights:

24 a. The right to persist in a plea of not guilty;

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b. The right to a speedy and public trial by jury;

Cc: 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 USAO 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; and

h. The right to pursue any affirmative defenses; Fourth Amendment or
Fifth Amendment claims; any other pretrial motions that have been or could have been
filed; and challenges to any adverse pre-trial rulings (unless specifically reserved in the
following section).

IX. WAIVER OF APPELLATE RIGHTS

23. Waiver of Appellate Rights: Defendant knowingly and expressly waives: (a)

the right to appeal any sentence imposed within or below the applicable Sentencing
Guideline range as determined by the district court; (b) the right to appeal the manner in
which the district court determined that sentence on the grounds set forth in 18 U.S.C. §

3742; and (c) the right to appeal any other aspect of the conviction, including but not limited

to the constitutionality of the statutes of conviction; any other aspect of the sentence,
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including but not limited to the constitutionality of any mandatory or standard conditions of
supervised release; and any order of restitution or forfeiture.

24. Defendant reserves only the right to appeal any portion of the sentence that is
an upward departure or variance from the applicable Sentencing Guideline range as
determined by the district court.

25. Waiver of Post-Conviction Rights: Defendant also knowingly and expressly
waives all collateral challenges, including any claims under 28 U.S.C. § 2255, to defendant’s
conviction, sentence, and the procedure by which the district court adjudicated guilt and
imposed sentence, except non-waivable claims of ineffective assistance of counsel.

26. Preservation of Evidence: Defendant acknowledges that the USAO and the
agencies investigating this case are not obligated or required to preserve any evidence
obtained in the investigation of this case.

XI. RESULT OF WITHDRAWAL OF GUILTY PLEAS
OR VACATUR/REVERSAL/SET-ASIDE OF CONVICTIONS

27. Consequence of withdrawal of guilty pleas: 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 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, or that the government agreed
to move to dismiss at sentencing as part 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

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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.

28. Consequence of vacatur, reversal, or set-aside: Defendant agrees that if any

count of conviction is vacated, reversed, or set aside, the USAO may: (a) ask the district
court to resentence defendant on any remaining count of conviction, with both the USAO
and defendant being released from any stipulations regarding sentencing contained in this
agreement; (b) ask the district court to void the entire plea agreement and vacate defendant’s
guilty plea on any remaining count of conviction, with both the USAO and defendant being
released from all their obligations under this agreement; or (c) leave defendant’s remaining
conviction, sentence, and plea agreement intact. Defendant agrees that the choice among
these three options rests in the exclusive discretion of the USAO, and that, 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.
XI. BREACH OF AGREEMENT

29. Defendant agrees that if, at any time after this agreement becomes effective,
defendant 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 defendants
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,
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1 || and the district court finds such a breach to have occurred, then: (a) if defendant has

2 || previously entered guilty pleas pursuant to this agreement, defendant will remain bound by
3 || the provisions of this agreement and will not be able to withdraw the guilty pleas; and

4 || (b) the USAO will be relieved of all its obligations under this agreement.

Ps 30. Following the Court’s finding of a knowing breach of this agreement by

6 || defendant, should the USAO choose to pursue any charge or any civil, administrative, or
7 || regulatory action that was either dismissed or not filed as a result of this agreement, then:

8 a. Defendant agrees that any applicable statute of limitations is tolled

9 || between the date of defendant’s signing of this agreement and the filing commencing any

10 || such action.

11 b. Defendant waives and gives up all defenses based on the statute of

12 || limitations, any claim of pre-indictment delay, or any speedy trial claim with respect to any
13 |] such action, except to the extent that such defenses existed as of the date of defendant’s

14 || signing this agreement.

15 C. Defendant agrees that: (i) any statements made by defendant, under
16 || oath, at the guilty plea hearing (if such a hearing occurred Prior to the breach); (ii) the

17 || agreed to factual basis statement in this agreement; and (iii) any evidence derived from such
18 statements, shall be admissible against defendant in any such action against defendant, and
19 |] defendant waives and gives up any claim under the United States Constitution, any statute,
20 || Federal Rule of Evidence 410, Federal Rule of Criminal Procedure 11(f), or any other

21 || federal rule, that the statements or any evidence derived from the statements should be

22 || suppressed or are inadmissible.

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XI. COURT AND UNITED STATES PROBATION
AND PRETRIAL SERVICES OFFICE NOT PARTIES

31. Defendant understands that the Court and the U.S. 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.

32. Defendant understands that both defendant and the USAO are free to argue
on appeal and collateral review that the district court’s sentencing guidelines calculations
and the sentence it chooses to impose are not error.

33. Defendant understands that even if the district court ignores any sentencing
recommendation, finds facts or reaches conclusions different from those agreed to by the
parties, 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.

XIV. ADDITIONAL ACKNOWLEDGMENTS

34. Defendant acknowledges that:

a. Defendant read this agreement, and defendant understands its terms
and conditions.
b. Defendant had adequate time to discuss this case, the evidence, and

this agreement with defendant’s attorney.
c. Defendant carefully and thoroughly discussed all terms of this

agreement with defendant’s attorney.

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1 d. Defendant understands the terms of this agreement and voluntarily
2 || agrees to those terms.
3 é. Defendant has discussed with defendant’s attorney the following: the
4 || evidence; defendant's rights; possible pretrial motions that might be filed; possible defenses
5 || that might be asserted either prior to or at trial; the sentencing factors set forth in 18 U.S.C.
6 |] § 3553(a); the relevant sentencing guidelines provisions; and consequences of entering into
7 || this agreement.
8 a The representations contained in this agreement are true and correct,
9 || including the factual basis for defendant's offenses set forth in this agreement.

10 g. Defendant was not under the influence of any alcohol, drug, or

11 |] medicine that would impair defendant’s ability to understand the agreement when

12 || defendant considered signing this agreement and when defendant signed it.

i 35. Defendant understands that defendant alone decides whether to plead guilty

14 || or go to trial, and acknowledges that defendant has decided to enter defendant’s guilty pleas
15 || knowing of the charges brought against defendant, defendant’s possible defenses, and the
16 |! benefits and possible detriments of proceeding to trial.

17 36. Defendant understands that no promises, understandings, or agreements

18 | other than those set forth in this agreement have been made or implied by defendant,

19 || defendant’s attorney, or the USAO, and no additional promises, agreements, or conditions
20 || shall have any force or effect unless set forth in writing and signed by all parties or

21 || confirmed on the record before the district court.

aa 37. Defendant acknowledges that defendant decided to plead guilty voluntarily
23 || and that no one threatened, coerced, or forced defendant to enter into this agreement.

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38. Defendant is satisfied with the representation of defendant’s attorney, and
defendant is pleading guilty because defendant is guilty of the charges and chooses to take
advantage of the promises set forth in this agreement and for no other reason.

XV. PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

39. The parties agree that this agreement will be considered part of the record of

defendant’s guilty plea hearing as if the entire agreement had been read into the record of

the proceeding.

AGREED AND ACCEPTED

UNITED STATES ATTORNEY'S OFFICE
FOR THE DISTRICT OF NEVADA

JASON M. FRIERSON
United States Attorney

s/Kimberly M. Frayn October 12, 2023

KIMBERLY M. FRAYN Date
JESSICA OLIVA
Assistant United States Attorneys

SHAVONTE HLL Date
Defendant

ANDREW M. LEAVITT, ESQ. ” Date

Attorney for Defendant SHAVONTE HILL

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