Plea Agreement — U.S. v. Tequan Montek Pratt, No. 3:19-cr-00150 (S.D. W. Va.)

Summary

A plea agreement letter dated July 26, 2019, on United States Attorney, Southern District of West Virginia letterhead, with Plea Agreement Exhibit A attached, filed August 27, 2019 as Document 29 in United States v. Tequan Montek Pratt, Criminal No. 3:19-cr-00150. It states that Mr. Pratt is charged in a three-count indictment, each count under 21 U.S.C. § 841(a)(1), and agrees to plead guilty to Counts Two and Three, after which the United States will move to dismiss Count One. The letter lists a total maximum penalty of imprisonment for 10 years, a fine of $500,000, and a special assessment of $200. It also sets out terms on cooperation, use immunity, waiver of appeal and collateral attack, and a Stipulation of Facts.

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Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 1 of 12 PagelD #: 114
United States Department of Justice

Jnited States Attorney
Southern District of West Virginia

Robert C. Byrd United States Courthouse Mailing Address
300 Virginia Street, East Post Office Box 1713
Suite 4000 Charleston, WV 25326
Charleston, WV 25301 304-345-2200

1-800-659-8726

July 26, 2019

Neil R. Bouchilion, Es
Bouchilion, Crossan &
731 Fifth Avenue

Huntington, West Virginia 25701

Colburn, L.c.

Re: United States v. Tequan Montek Pratt, also known
as “Snow”
Criminal No. 3:19-cr-00150 (USDC SDWV)

Dear Mr. Bouchillon:

This will confirm our conversations with regard to your
client, Tequan Montek Pratt, also known as “Snow” (hereinafter
“Mr. Pratt”). As a result of these conversations, it is agreed
by and between the United States and Mr. Pratt as follows:

q. PENDING CHARGES. Mr. Pratt is charged in a three-count
indictment as follows:

(a) Count One charges Mr. Pratt with a violation of 21 U.S.c.
§ 841 (a) (1) (distribution of marijuan fo
remuneration);

(bd) Count Two charges Mr. Pratt with a violation of 21 U.S.c.
§ 841 (a) (1) (distribution of marijuana for
remuneration); and

QO

Count Three charges Mr. Pratt with a viclation of 21
U.S.C. § 841 (a) (1) (distribution of marijuana for
remuneration).

Defendant’s
Tnitials

FAX: 304-347-5104
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 2 of 12 PagelD #: 115

Neil R. B
July 26,
Page 2

2.

Counts Two
ations
United States
Criminal No.

the

ouchi
2019

ition, Esq.

Montexk Pratt

RESOLUTION OF CHARGES.

. Ww plead guilty to
and Three of said ind cement, which charges him with
of 21 U.S.C. § 841 la)! . Following final disposition,

will move the “Court to dismiss Count One in
3:19-cr-00150 as to Mr. Pratt.

3. MAXIMUM POTENTIAL PENALTY. The maximum penalty to which
Mr. Pratt will be exposed by virtue of this guilty plea is as
follows:
COUNT TWO:

(a) Imprisonment for a period of 5 years;

(b) A fine of $250,000, or twice the gross pecuniary gain or
twice the gross pecuniary LOSS resulting from
defendant’s conduct, whichever is greater;

(c) A term of supervised release of at least two years;

(4) A mandatory special assessment of $100 pursuant to 18
U.S.C. § 3013;

(e) Pursuant to 21 U.S.C. § 862(a) (1), the Court may deny
certain federal benefits to Mr. Pratt for a period of up
to 5 years; and

(£) Restitution as may be ordered by the Court pursuant to
18 U.S.C. §§ 3663 and 3664.

COUNT THREE:
(a) Imprisonment for a period of 5 years;
(0) A fine of $250,000, or twice the gross pecuniary gain or

twice the gross
defendant’s conduct,

pecuniary loss resulting
whichever is greater;

from

Te

Defendant’s
Initials
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 3 of 12 PagelD #: 116

Neil R. Bouchillon, Esq.
July 26, 2019 Re: Tequan Montek Pratt
Page 3

(c) A term of supervised release of at least two years;

(dq) A mandatory special assessment of $100 pursuant to 18

(e) Pursuant to 21 U.S.C. § 862(a) (1), the Court may deny
certain feceral benefits to Mr. Pratt for a period of up
to 5 years; and

(f) Restitution as may be ordered by the Court pursuant to
18 U.S.C. S§ 3663 and 3664.

OTAL MAXIMUM PENALTY:

(a) Imorisonment for a period of 10 years;

(ob) A fine of $500,000, or twice the gross pecuniary cain or
twice the gross pecuniary loss resulting from
defendant’s conduct, whichever is greater;

(c) A term of supervised release of at least two years;

CO

(d) A mandatory special assessment of $200 pursuant to
U.S.C. § 3013;

(e) Pursuant to 21 U.S.C. § 862 (aj) (1), the Court may deny
certain federal benefits to Mr. Pratt for a period of up
to 5 years; and

(f) Restitution as may be ordered by the Court pursuant to
18 U.S.C. §§ 3663 and 3664.

4, SPECIAL ASSESSMENT. Mr. Pratt has submitted certified

financial statements to the United States reflecting that he is
without sufficient funds to pay the special assessment due upon
conviction in this case. Mr. Pratt agrees that, 1f incarcerated,
he will join the Inmate Financial Responsibility Program, earnings
from which will be applied toward payment of the special

assessment.

Defendant’s
Tnitials
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 4 of 12 PagelD #: 117

Neil R. Bouchillion, Esq.
July 26, 2019 Re: Tequan Montek Pratt
Page 4

5. PAYMENT OF MONETARY PENALTIES. Mr. Pratt authorizes the
Financial Litigation Unit in the United States Attorney’s Office
to obtain a credit report from any major credit reporting agency
prior to sentencing in order to assess his financial condition for
sentencing purposes. Mr. Pratt agrees not to object to the
District Court ordering all monetary penalties (including the

special assessment, fine, court costs, and a
does not exceed the amount set forth in this plea agreement) to be
due and payable in full immediately and s
enforcement by the United States. So lon
penalties are ordered to be due and payable in full immediately,
Mr. Pratt further agrees not to object to the District Court
imposing any schedule of payments as merely a minimum schedule of
payments and not the only method, nor a limitation on the methods,
available to the United States to enforce the judgment.

Mr. Pratt authorizes the United States, through the Financial
Litigation Unit, to submit any unpaid criminal monetary penalty to
the United States Treasury for offset in accordance with the
Treasury Offset Program, regardless of the defendant’s payment
status or history at that time.

In addition to any payment ordered by the Court, Mr. Pratt
shall pay all monies received from any source other than earned
income, including but not limited to, lottery winnings, gambling
proceeds, judgments, inheritances, and tax refunds, toward the
court ordered restitution or fine.

Mr. Pratt agrees that if he retains counsel or has appointed
counsel in response to the United States’ efforts to collect any
monetary penalty, he shall immediately notify the United States
Attorney’s Office, Attention: Financial Litigation Unit, P.O. Box
1713, Charleston, West Virginia 25326-1713, in writing and shall
instruct his attorney to notify FLU immediately of his
representation.

Ve

Defendant’s
initials
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 5 of 12 PagelD #: 118

Neil R. Bouchillon, Esq
July 26, 2019 Re: Pequan Montek Pratt
Page 5

6. COOPERATION. Mr. Pratt will be forthright and truthful
with this office and other law enforcement agencies with regard to
ail inquiries made pursuant to this agreement, and will give
Signed, sworn statements and grand jury and trial cestimony upon
request of the United States. In complying with this provision,

Mr. Pratt may have counsel
grand jury.

present except when appearing before a

7. USE IMMUNITY. Unless this agreement becomes void due
to a violation of any of its terms by Mr. Pratt, and except as
expressly provided for in paragraph 9 below, nothing contained in

any statement or testimony provided by him pursuant to this
agreement, or any evidence developed therefrom, will be used
against him, directly or indirectly, in any further criminal
prosecutions or in determining the applicable guideline range
under the Federal Sentencing Guidelines.

8. LIMITATIONS ON IMMUNITY. Nothing contained in this
agreement restricts the use of information obtained by the United
States from an independent, legitimate source, separate and apart
from any information and testimony provided pursuant to this
agreement, in determining the applicable guideline range or in
prosecuting Mr. Pratt for any violations of federal or state laws.
The United States reserves the right to prosecute Mr. Pratt for
perjury or false statement if such a situation should occur
pursuant to this agreement.

9. STIPULATION OF FACTS AND WAIVER OF FED. R. EVID. 410.
The United States and Mr. Pratt stipulate and agree that the facts
comprising the offense of conviction include the facts outlined in
the “Stipulation of Facts,” a copy of which is attached hereto as
“Plea Agreement Exhibit A.”

Mr. Pratt agrees that if he withdraws from this agreement, or
this agreement is voided as a result of a breach of its terms by
him, and he is subsequently tried for his conduct alleged in the
indictment, as more specifically described in the Stipulation of
Facts, the United States may use and introduce the Stipulation of

¥

Defendant’s

Initials
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 6 of 12 PagelD #: 119

Neil ] Bouchilion, Esa.
July 26, 2019 Re: Tequan Montek Pratt
Page 6

nony .
a Lunt e d $ 513 U.
196 (1995), any vrigat he has pursuant to Fed. R. Evid. 410 that
would prohibit such use of the Stipulation of Facts. If the Court
does not ccept the plea agreement through no fault of the
defendant, or the Court declares the agreement void due to a breach
of its terms by the United States, the Stipulation of Facts cannot
be used by the United States.

The United States and Mr. Pratt understand and acknowledge
that the Court is not bound by the Stipulation of Facts and that

£ some or all of the Stipulation of F ep

74

n
‘actS is not accepted by the
a the _ Partaes will not have the rig ime)

Withdraw from the

1C. AGREEMENT ON SENTENCING GUIDELINES. Based on the
foregoing Stipulation of Facts, the United States and Mr. Pra
agree that the following provisions of the United States Senten ‘cing
Guidelines apply to this case.

ase offense level is at 16 2D1l.1i(c¢) (at least 20
east KG but less than 40 KG
of marijuana)

The parties understand that the United States reserves the
right to argue for a higher base offense level, if applicable,
based on additional controlled substances recovered from the
searches conducted at the Lilac Lane duplex in Nitro, the house on
Sunset Drive in Scott Depot, and the house on Cochran Lane in

Nitro. The parties also have no agreement as to application of a
two-level enhancement for possession of a dangerous weapon,
pursuant to USSG $2D1.1(b) (1). The United States reserves the

right to argue for this enhancement, if applicable.

ake

Defendant’s
Initials
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 7 of 12 PagelD #: 120

Neil R. Bouchilion, Esc.
July 26, 2019 Re: Tequan Montek
Page 7

bes and Mr. Pratt acknowledce and understand
1

Sta x
that the Court and the Probation Office are not bound by th
rt + a +

parties' calculation of the United States Sentencing Guidelines
set forth above and that the parties shall not have the right to
withdraw from the plea agreement due to a disagreement with the
Court's calculation of the appropriate guideline rang

11. WAIVER OF APPEAL AND COLLATERAL ATTACK. Me. Pratt

knowingly and voluntarily waives the right to seek appellate review
of his conviction and of any sentence of imprisonment, fine, or
term of supervised release imposed by the District Court, or the
manner in which the sentence was determined, on any ground

whatsoever including any ground set forth in 18 U.S.C. § 3742, so
-ong as that sentence “oF imprisonment, fine or term of supervised
release is below or within the Sentencing Guideline range
corresponding to offense level 26 , regardless of criminal history
category. Mr. Pratt also knowingly and voluntarily waives any
right to seek appellate review of any claim or argument that (1)
the statute of conviction 21 U.S.C. § 841 (a) (1) is
unconstitutional, and (2) Mr. Pratt’s conduct set forth in the

Stipulation of Facts (Plea Agreement Exhibit A) do
within the scope of the 21 U.S.C. § 841 (a

The United States also waives its right to seek appellate
review of any sentence of imprisonment or fine imposed by the
District Court, or the manner in which the sentence was determined,
on any ground whatsoever including any ground set forth in 18
U.S.C. § 3742, so long as that sentence of imprisonment or fine is
within or above the Sentencing Guideline range corresponding to
offense level 13 , regardless of criminal history category.

Mr. Pratt also knowingly and voluntarily waives the right to
challenge his guilty plea and his conviction resulting from this
plea agreement, and any sentence imposed for the conviction, in
any collateral attack, including but not limited to a motion
brought under 28 U.S.C. § 2255.

The waivers noted above shail not apply to a post-conviction

ans

Defendant’s
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 8 of 12 PagelD #: 121

Neil R. Bouchilion, Esd
July 26, 2019 Re: Tequan Montek Pratt
Page 8

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12. WAIVER OF FOIA AND PRIVACY RIGHT. Mr. Pratt knowingly

and voluntarily waives all rights, whether asserted directly or b

a representative, to request or receive from any aepartment or
agency of the United States any records pertaining to the
investigation or prosecution of this case, including without any
limitation any records that may be sought under the Freedom of
Information Act (FOIA), 5 U.S.C. § 552, or the Privacy Act of 1974,
5 U.S.C. § 552a, following final disposition.

13. FINAL DISPOSITION. The matter of sentencing is within
the sole discretion of the Court. The United States has made no
representations or promises as to a specific sentence. The United
States reserves the right to:

rm the Probation Office and the Court cof all relevant
s and conduct;

(b) Present evidence and argument relevant to the factors
erated in 18 U.S.C. § 3553 (a);

(c) Respond to questions raised by the Court;

(ad) Correct inaccuracies or inadequacies in the presentence
report;

(e) Respond to statements made to the Court by or on behalf
of Mr. Pratt;

(£) Advise the Court concerning the nature and extent of Mr.
Pratt’s cooperation; and

(9g) Address the Court regarding the issue of Mr. Pratt’s
acceptance of responsibility.
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 9 of 12 PagelD #: 122

Neil R. Bouchilion, Esq
July 26, 2019 Re: Tequan Montek Pratt
Page 9
14. VOIDING OF AGREEMENT.
Mr. Pratt violates the terms of
will have the right to vola this

to accept this agreement, it shal

15 ENTIRETY OF AGREEMENT. written agreement
constitutes the entire agreement between United States and Mr.
Pratt this matter. There are no agreements, understandings,

or recommendations as to any other pending r future charges
e

against Mr. Pratt in any Court other than the United States
District Court for the Southern District of West Virginia

Acknowledged and agreed to on behalf of the United States:

tates Attorney

Ve

Defendant’s
Tnitials
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 10 of 12 PagelD #: 123

Neil R. Bouchillon, £sq
July 26, 2619 Re: Tequan Montek Pratt
Page 10

I hereby acknowledge by my trom of each of the
foregoing pages and by my signature on 1} last page of this 1LO-
page agreement that I have j _cascussed every part
of it with my attorney, the terms of this
agreement, and that I volur to those terms and
conditions set forth in the ther acknowledge that
my attorney has advised me igh possibl e defenses, the
Sentencing Guideline provisi 7 che rseguences of entering
into this ! omises or inducements have been

$07)

is agreement; and that no one ha
orced me in any way to enter into this agreement.
e representation of my attorney in

agr
made to me othe
threatened me or

Finally, I am satisfied with th

this matter.

Da Signed
Neil R. Bofuuchilion, Esq. Mate Signed

Counsel far Defendant
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 11 of 12 PagelD #: 124

COURT
VIRGINIA
UNITED STATES OF AMERICA
an CRIMINAL NO. 3:19-cr-O0150

TEQUAN MONTEK PRATT,

STIPULATION OF FACTS

The United States and TEQUAN MONTEK PRATT, aiso known as
“Snow” (hereinafter “defendant” and “I”) stipulate and agree that
the facts comprising the offenses of conviction (Counts Two and
Three in the Indictment in the Southern District of West Virginia,
Criminal No. 3:19-cr-C015C0), include the following:

On March 29, 2018; March 30, 2018; and April 9, 2018, I
traveled to a duplex on Lilac Lane in Nitro, West Virginia, which
is in the Southern District of West Virginia (“SDWV”), where I

n

knowingly and intentionally delivered approximately one pound of
marijuana to an undercover police informant (“CI”) on each date.
CI and I arranged each of these marijuana deliveries through our
cellphones

On April 10, 2018, CI ordered another pound of marijuana, so
I knowingly and intentionally loaded T.S.’s (my girlfriend’s)
vehicle with approximately two pounds of marijuana and drove to
the duplex with her. To antended to distribute this marijuana.
After I arrived, police investigators detained me to execute a
search warrant on the duplex. T.S. gave the investigators consent
to search her vehicle, where they recovered the marijuana.

For several months prior to April 2018, I was having marijuana
transported to me from multiple locations in California. 7 would
resell the California marijuana in the SDWV. T.S. and others
traveled to California to assist me in paying for the marijuana
and ensuring its transport to West Virginia. Estimated very
conservatively, I purchased and received at least 45 pounds of
marijuana for resale this way (at least 4 trips where 10-15 pounds
of marijuana were transported per trip).

PLEA AGREEMENT EXHIBIT A
Case 3:19-cr-00150 Document 29 Filed 08/27/19 Page 12 of 12 PagelD #: 125

This Stipulation of Facts does not contain each and every
fact known to defendant and to the United States concerning his
involvement and the involvement of others in the charges set forth

in the Indictment

Dat

TEQUAN MONTEK PRATT Date
Defendant

a x i& lic,
NEIL R. UP TELON ESQUIRE Date |

DREW O. INMAN Date
Assistant United States Attorney

PLEA AGREEMENT EXHIBIT A
2


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