Plea Agreement — United States v. Kenya Leon Parker (Southern District of Georgia, Document 19)

Summary

Plea Agreement in United States v. Kenya Leon Parker, Case 4:22-cr-00014-RSB-CLR, in the United States District Court for the Southern District of Georgia, Savannah Division, Document 19, filed March 7, 2022. Under the agreement, the Defendant agrees to waive the right to be charged by Indictment and to plead guilty to Count One of the Information, which charges Possession of a Stolen Firearm, in violation of 18 U.S.C. § 922(j). It sets out two elements of the offense and a factual basis stating that on or about February 13, 2021, in Chatham County, the Defendant knowingly possessed a Taurus 9mm caliber pistol. The agreement also contains a paragraph on breach of the plea agreement before sentencing and an entire-agreement paragraph.

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“Plea Agreement — United States v. Kenya Leon Parker (Southern District of Georgia, Document 19).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-4-22-cr-00014-dkt-19-e549c9a0e3/, SHA-256 0798af791fe8b4b408439bda321299387694ea7e00b2ac25c8686624055a2723.

Full text

Case 4:22-cr-00014-RSB-CLR Document 19 Filed 03/07/22 Page 1 of 11

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DMSION

UNITED STATES OF AMERICA )
)
) CASE NO: 4:22-CR-14
)
KENYA LEON PARKER )

PLEA AGREEMENT

Defendant Kenya Leon Parker, represented by his counsel Samuel Mikell,

Esq., and the United States of America, represented by Assistant United States

Attorney Joseph McCool, have reached a plea agreement in this case. The terms and

conditions of that agreement are as follows.

1. Guilty Plea

Defendant, having been advised of the right to be charged by Indictment,

agrees to waive that right and enter a plea of guilty to Count One of the Information,

which charges a violation of Possession of a Stolen Firearm, in violation of 18 U.S.C.

§ 922(j).

2. Elements and Factual Basis

The elements necessary to prove the offense charged in Count One are (1) that

Defendant knowingly possessed a firearm in or affecting commerce; and (2) that the

Defendant knew or had reasonable cause to believe the firearm was stolen.

Defendant agrees that he is, in fact, guilty of this offense. He agrees to the

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accuracy of the following facts, which satisfy each of the offense's required elements:

on or about February 13, 2021, in Chatham County, within the Southern District of

Georgia, the Defendant knowingly possessed a Taurus, Model PTl 11, 9mm caliber

pistol. On that date, the Defendant was driving a vehicle near 58th and Bull Streets in

Savannah when a police officer stopped the vehicle for several motor vehicle violations.

The Defendant possessed the 9mm pistol and he placed the firearm in the purse of a

female passenger who was seated in the front passenger seat. During the investigation

of the vehicle, a police officer observed and recovered the firearm from the purse. The

Defendant provided a statement after waiving his Miranda warnings. During the

statement, the Defendant admitted that the firearm belonged to him and that he had

placed the firearm in the female passenger's purse. The Taurus, Model PTlll, 9mm

caliber pistol was manufactured in Brazil and had been transported in interstate and

foreign commerce. In addition, the lawful owner and purchaser of the firearm had

previously reported the firearm stolen in Athens-Clark County, GA. The Defendant

knowingly possessed the firearm, and he had a reasonable cause to believe that the

firearm was stolen. All in violation of Title 18, United States Code, Section 922(j).

3. Possible Sentence
Defendant's guilty plea will subject him to the following maxim um possible

sentence: 10 years' imprisonment, 3 years' supervised release, a $250,000 fine, such

restitution as may be ordered by the Court, and forfeiture of all forfeitable assets. The

Court additionally must impose a $100 special assessment per count of conviction.

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4. No Promised Sentence

No one has promised Defendant that the Court will impose any particular

sentence or a sentence within any particular range. The Court is not bound by any

estimate of sentence given or recommendations made by Defendant's counsel, the

government, the U.S. Probation Office, or anyone else. The Court may impose a

sentence up to the statutory maximum. Defendant will not be allowed to withdraw

his plea of guilty if he receives a more severe sentence than he expects.

5. Court's Use of Guidelines

The Court is obligated to use the United States Sentencing Guidelines to

calculate the applicable guideline range for Defendant's offense and to consider that

range, possible departures under the Sentencing Guidelines, and other sentencing

factors under 18 U.S.C. § 3553(a), in determining his sentence. The Sentencing

Guidelines are advisory; the Court is not required to impose a sentence within the

range those Guidelines suggest. The Sentencing Guidelines are based on all of

Defendant's relevant conduct, pursuant to U.S.S.G. § lBl.3, not just the facts

underlying the particular Count to which Defendant is pleading guilty.

6. Agreements Regarding Sentencing Guidelines

a. Acceptance of Responsibility

The government will not object to a recommendation by the U.S. Probation

Office that Defendant receive a two-level reduction in offense level for acceptance of

responsibility pursuant to Section 3El.l(a) of the Sentencing Guidelines. If the U.S.

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Probation Office makes that recommendation, and Defendant's offense level is 16 or

greater prior to any reduction for acceptance of responsibility, the government will

move for an additional one-level reduction in offense level pursuant to Section

3El.l(b) based on Defendant's timely notification of his intention to enter a guilty

plea.

b. Use of Information

The government is free to provide full and accurate information to the Court

and U.S. Probation Office for use in calculating the applicable Sentencing Guidelines

range. Any incriminating information provided by the defendant during his

cooperation will not be used in determining the applicable Guidelines range, pursuant

to U.S.S.G. § 1B1.8.

7. Dismissal of Indictment

At sentencing, the government will move to dismiss the Indictment contained

m CR 4:21-174 that charges the Defendant with Possession of a Firearm by a

Prohibited Person, in violation of 18 U.S.C. § 922(g)(l).

8. Financial Obligations and Agreements

a. Special Assessment

Defendant agrees to pay a special assessment in the amount of $ 100 (per

count), payable to the Clerk of the United States District Court, which shall be due

immediately at the time of sentencing.

b. Required Financial Disclosures

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After entry of a guilty plea, Defendant shall complete a financial disclosure

form listing all his assets and financial interests, whether held directly or indirectly,

solely or jointly, in his name or in the name of another. Defendant shall sign the

financial disclosure form under penalty of perjury and provide that form to the

Financial Litigation Unit of the United States Attorney's Office and to the United

States Probation Office. Defendant authorizes the United States to obtain credit

reports on Defendant and to share the contents of those reports with the Court and the

United States Probation Office. Defendant also authorizes the United States

Attorney's Office to inspect and copy all financial documents and information held by

the United States Probation Office.

c. Financial Examination

Defendant will submit to an examination under oath on the issue of his

financial disclosures and assets if deemed necessary by the United States. Such

examination will occur not later than 30 days after the entry of Defendant's guilty

plea.

d. No Transfer of Assets

Defendant certifies that he has made no transfer of assets in contemplations of

this prosecution for the purpose of evading or defeating financial obligations created

by this Agreement or that may be imposed upon him by the Court at sentencing.

Defendant promises that he will make no such transfers in the future.

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Case 4:22-cr-00014-RSB-CLR Document 19 Filed 03/07/22 Page 6 of 11

e. Material Change in Circumstances

Defendant agrees to notify the United States of any material change in

circumstances, as described in 18 U.S.C. § 3664(k), that occurs prior to sentencing in

this case. Such notification will be made within seven days of the event giving rise to

the changed circumstances, and in no event later than the date of sentencing.

f. Enforcement

Any payment schedule imposed by the Court is without prejudice to the United

States to take all actions and remedies available to it to collect the full amount of the

financial obligations imposed by the judgment of the Court in this case. Defendant

understands and agrees that the financial obligations imposed by the judgment of the

Court in this case will be placed on the Treasury Offset Program so that any federal

payment that Defendant receives may be offset and applied to the judgment debt

without regard to or affecting any payment schedule imposed by the Court.

9. Waivers

a. Waiver of Appeal

Defendant entirely waives his right to a direct appeal of his conviction and

sentence on any ground (including any argument that the statute to which the

defendant is pleading guilty is unconstitutional or that the admitted conduct does not

fall within the scope of the statute). The only exceptions are that the Defendant may

file a direct appeal of his sentence if (1) the court enters a sentence above the statutory

maximum, (2) the court enters a sentence above the advisory Sentencing Guidelines

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range found to apply by the court at sentencing; or (3) the Government appeals the

sentence. Absent those exceptions, Defendant explicitly and irrevocably instructs his

attorney not to file an appeal.

b. Waiver of Collateral Attack

Defendant entirely waives his right to collaterally attack his conviction and

sentence on any ground and by any method, including but not limited to a 28 U.S.C.

§ 2255 motion. The only exception is that Defendant may collaterally attack his

conviction and sentence based on a claim of ineffective assistance of counsel.

C. FOIA and Privacy Act Waiver

Defendant waives all rights, whether asserted directly or through a

representative, to request or receive from any department or agency of the United

States any record pertaining to the investigation or prosecution of this case under the

authority of the Freedom of Information Act, 5 U.S.C. § 552, or the Privacy Act of

1974, 5 U.S.C. § 552a, and all subsequent amendments thereto.

d. Fed. R. Crim. P. ll{f) and Fed. R. Evid. 410 Waiver

Rule ll(f) of the Federal Rules of Criminal Procedure and Rule 410 of the

Federal Rules of Evidence ordinarily limit the admissibility of statements made by a

defendant during the course of plea discussions or plea proceedings. Defendant
.
knowingly and voluntarily waives the protections of these rules. If Defendant fails to

plead guilty, or his plea of guilty is later withdrawn, all of Defendant's statements in

connection with this plea, and any leads derived therefrom, shall be admissible for any

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and all purposes.

10. Defendant's Rights

Defendant has the right to be represented by counsel, and if necessary have

the court appoint counsel, at trial and at every other critical stage of the proceeding.

Defendant possesses a number of rights which he will waive by pleading guilty,

including: the right to plead not guilty, or having already so pleaded, to persist in that

plea; the right to a jury trial; and the right at trial to confront and cross-examine

adverse witnesses, to be protected from compelled self-incrimination, to testify and

present evidence, and to compel the attendance of witnesses.

11. Satisfaction with Counsel

Defendant has had the benefit of legal counsel in negotiating this agreement.

Defendant believes that his attorney has represented him faithfully, skillfully, and

diligently, and he is completely satisfied with the legal advice given and the work

performed by his attorney.

12. Breach of Plea Agreement

Defendant breaches this agreement if, prior to sentencing in his case, he fails

to comply with any of the terms of this agreement, withdraws or attempts to withdraw

his guilty plea, refuses to accept responsibility for his criminal conduct, obstructs

justice, tampers with witnesses or evidence, or commits any new crimes. If Defendant

breaches the plea agreement, the government is released from any agreement herein

regarding the calculation of the advisory Sentencing Guidelines or the appropriate

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Case 4:22-cr-00014-RSB-CLR Document 19 Filed 03/07/22 Page 9 of 11

sentence. Additionally, such a breach by the Defendant will be a breach of his

cooperation agreement, thereby allowing the government to use all otherwise proffer-

protected information at sentencing. In addition, the government may (1) declare the

plea agreement null and void, (2) reinstate any counts that may have been dismissed

pursuant to the plea agreement, and/or (3) file new charges against Defendant that

might otherwise be barred by this plea agreement. Defendant waives any statute-of-

limitations or speedy trial defense to prosecutions reinstated or commenced under

this paragraph.

13. Entire Agreement

This agreement contains the entire agreement between the government and

Defendant.

Signatures are on following page.

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Case 4:22-cr-00014-RSB-CLR Document 19 Filed 03/07/22 Page 10 of 11

DAVID H. ESTES
UNITED ST ES A'ITORNEY

Date
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E. Greg Gil uly, Jr.
Deputy Chief, Criminal Division
Tennessee Bar No. 019397

Date Jos~ McCool
Assistant United States Attorney
Pennsylvania Bar No. 206593

Signatures are on following page.

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Case 4:22-cr-00014-RSB-CLR Document 19 Filed 03/07/22 Page 11 of 11

I have read and carefully reviewed this agreement with my attorney. I

understand each provision of this agreement, and I voluntarily agree to it. I hereby

stipulate that the factual basis set out therein is true and accurate in every respect.

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Date Kenya~ Parker, Defendant

I have fully explained to Defendant all of his rights, and I have carefully

reviewed each and every part of this agreement with him. I believe that he fully and

completely understands it, and that his decision to enter into this agreement is an

informed, intelligent, and voluntary one.

1-\~~'),1
Date
Defendant's Attorney

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