Plea Agreement — United States v. J. Nicholas Bryant, No. 5:22-cr-00099-H-BQ (N.D. Tex.)

Summary

A Plea Agreement, Document 7, filed 11/01/22, Case 5:22-cr-00099-H-BQ, Northern District of Texas, between the government and J. Nicholas Bryant. The defendant pleads guilty to Count One of the Information, charging a violation of 18 U.S.C. § 1343, that is, Wire Fraud. The listed maximum penalties include imprisonment of not more than 20 years, a fine not to exceed $250,000, supervised release of not more than three years, and a mandatory special assessment of $100. The government agrees not to bring additional charges based on the conduct underlying the plea and to dismiss any remaining charges after sentencing. The defendant waives appeal and collateral challenge rights, with some rights reserved.

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Case 5:22-cr-00099-H-BQ Document 7 Filed 11/01/22 Page1of8 PagelD 10

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IN THE UNITED STATES DISTRICT COURT#i2/ 9" ~ | PRtig: Sg
FOR THE NORTHERN DISTRICT OF TEXAS F
UNITED STATES OF AMERICA

J. NICHOLAS BRYANT

PLEA AGREEMENT

J. Nicholas Bryant, the defendant, David Sloan, the defendant’s attorney, and the
United States of America (the government), agree as follows:
1, Rights of the defendant: The defendant understands that he has the right:
a, to plead not guilty;
b. to have a trial by jury;
c, to have his guilt proven beyond a reasonable doubt,

d. to confront and cross-examine witnesses and to call witnesses in his
defense; and

€. against compelled self-incrimination.
2. Waiver of rights and plea of guilty: The defendant waives these rights
and pleads guilty to the offense alleged in Count One of the Information, charging a
violation of 18 U.S.C. § 1343, that is, Wire Fraud. The defendant understands the
nature and elements of the crime to which he is pleading guilty and agrees that the factual

resume he has signed is true and will be submitted as evidence.

J. Nicholas Bryant
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3. Sentence:

g.

The maximum penalties the Court can impose include:

imprisonment for a period of not more than 20 years;

a fine not to exceed $250,000, or twice any pecuniary gain to the
defendant or loss to the victim(s);

a term of supervised release of not more than three years and, if
the defendant violates the conditions of supervised release, the
defendant could be imprisoned for the entire term of supervised
release;

mandatory special assessment of $100,

restitution to victims or to the community, which is mandatory
under the law, and which the defendant agrees will include
restitution arising from all relevant conduct, not limited to that
arising from the offense of conviction alone;

costs of incarceration and supervision; and

forfeiture of property.

4, Immigration consequences: The defendant recognizes that

pleading guilty may have consequences with respect to the defendant’s immigration

status if the defendant is not a citizen of the United States. Under federal law, a broad

range of crimes are removable offenses. The defendant understands this may include the

offense to which the defendant is pleading guilty, and for purposes of this plea

agreement, the defendant assumes the offense is a removable offense. Removal and

other immigration consequences are the subject of a separate proceeding, however, and

the defendant understands that no one, including the defendant’s attorney or the district

J. Nicholas Bryant
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court, can predict to a certainty the effect of the defendant’s conviction on the
defendant’s immigration status. The defendant nevertheless affirms that the defendant
wants to plead guilty regardless of any immigration consequences that the defendant’s
plea of guilty may entail, even if the consequence is the defendant’s automatic removal
from the United States.

5. Court’s sentencing discretion and role of the guidelines: The defendant
understands that the sentence in this case will be imposed by the Court after consideration
of the United States Sentencing Guidelines. The guidelines are not binding on the Court
but are advisory only. The defendant has reviewed the guidelines with the defendant’s
attorney but understands no one can predict with certainty the outcome of the Court’s
consideration of the guidelines in this case. The defendant will not be allowed to
withdraw the defendant’s plea if the defendant’s sentence is higher than expected. The
defendant fully understands that the actual sentence imposed, so long as it is within the
statutory maximum, is solely in the discretion of the Court.

6. Mandatory special assessment: The defendant agrees to pay to the U.S.
District Clerk the amount of $100 in satisfaction of the mandatory special assessment in
this case.

7. Defendant’s agreement: The defendant shall give complete and truthful
information and/or testimony concerning the defendant’s participation in the offense of
conviction. Upon demand, the defendant shall submit a personal financial statement

under oath and submit to interviews by the government and the U.S. Probation Office

J. Nicholas Bryant
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regarding the defendant’s capacity to satisfy any fines or restitution. The defendant
expressly authorizes the United States Attorney’s Office to immediately obtain a credit
report on the defendant in order to evaluate the defendant’s ability to satisfy any financial
obligation imposed by the Court. The defendant fully understands that any financial
obligation imposed by the Court, including a restitution order and/or the implementation
of a fine, is due and payable immediately. In the event the Court imposes a schedule for
payment of restitution, the defendant agrees that such a schedule represents a minimum
payment obligation and does not preclude the U.S. Attorney’s Office from pursuing any
other means by which to satisfy the defendant’s full and immediately enforceable
financial obligation. The defendant understands that the defendant has a continuing
obligation to pay in full as soon as possible any financial obligation imposed by the
Court.

8. Forfeiture of property: The defendant agrees not to contest, challenge,
or appeal in any way the administrative or judicial (civil or criminal) forfeiture to the
United States of any property noted as subject to forfeiture in the Information or seized or
restrained in the investigation underlying the Information. The defendant agrees that this
property is subject to forfeiture under 18 U.S.C. § 981(E); 18 U.S.C. § 982(a)(2)(A); 26
US.C. § 2461(c); the Code of Federal Regulations; and Rules 11 and 32.2 of the Federal
Rules of Criminal Procedure. The defendant consents to entry of any orders or
declarations of forfeiture regarding such property and waives any orders or declarations

of forfeiture regarding such property and waives any requirements, including notice of

J. Nicholas Bryant
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forfeiture, set out in 19 U.S.C. §§ 1607-1609; 18 U.S.C. §§ 981, 983, and 985; the Code
of Federal Regulations; and Rules 11 and 32.2 of the Federal Rules of Criminal
Procedure. The defendant agrees to provide truthful information and evidence necessary
for the government to forfeit such property. The defendant agrees to hold the
government, its officers, agents, and employees harmless from any claim whatsoever in
connection with the seizure, forfeiture, storage, or disposal of such property.

9. Government’s agreement: The government will not bring any additional
charges against the defendant based upon the conduct underlying and related to the
defendant’s plea of guilty. The government will file a supplement in this case, as is
routinely done in every case, even though there may or may not be any additional terms.
The government will dismiss, after sentencing, any remaining charges. This agreement
is limited to the United States Attorney’s Office for the Northern District of Texas and
does not bind any other federal, state, or local prosecuting authorities, nor does it prohibit
any civil or administrative proceeding against the defendant or any property.

10. Violation of agreement: The defendant understands that if the defendant
violates any provision of this agreement, or if the defendant’s guilty plea is vacated or
withdrawn, the government will be free from any obligations of the agreement and free to
prosecute the defendant for all offenses of which it has knowledge. In such event, the
defendant waives any objections based upon delay in prosecution. If the plea is vacated

or withdrawn for any reason other than a finding that it was involuntary, the defendant

J. Nicholas Bryant
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also waives objection to the use against the defendant of any information or statements
the defendant has provided to the government, and any resulting leads.

11. Voluntary plea: This plea of guilty is freely and voluntarily made and is
not the result of force or threats, or of promises apart from those set forth in this plea
agreement. There have been no guarantees or promises from anyone as to what sentence
the Court will impose.

12. Waiver of right to appeal or otherwise challenge sentence: The
Defendant waives the defendant’s rights, conferred by 28 U.S.C. § 1291 and 18 U.S.C. §
3742, to appeal the conviction, sentence, fine and order of restitution or forfeiture in an
amount to be determined by the district court. The defendant further waives the
defendant’s right to contest the conviction, sentence, fine and order of restitution or
forfeiture in any collateral proceeding, including proceedings under 28 U.S.C. § 2241 and
28 U.S.C. § 2255. The defendant, however, reserves the rights (a) to bring a direct
appeal of (i) a sentence exceeding the statutory maximum punishment, or (it) an
arithmetic error at sentencing, (b) to challenge the voluntariness of the defendant’s plea
of guilty or this waiver, and (c) to bring a claim of ineffective assistance of counsel.

13. Representation of counsel: The defendant has thoroughly reviewed all
legal and factual aspects of this case with the defendant’s attorney and is fully satisfied
with that attorney’s legal representation. The defendant has received from the
defendant’s attorney explanations satisfactory to the defendant concerning each

paragraph of this plea agreement, each of the defendant’s rights affected by this

J, Nicholas Bryant
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agreement, and the alternatives available to the defendant other than entering into this
agreement. Because the defendant concedes that the defendant is guilty, and after
conferring with the defendant’s attorney, the defendant has concluded that it is in the
defendant’s best interest to enter into this plea agreement and all its terms, rather than to
proceed to trial in this case.

14. Entirety of agreement: This document is a complete statement of the
parties’ agreement and may not be modified unless the modification is in writing and
signed by all parties. This agreement supersedes any and all other promises,
representations, understandings, and agreements that are or were made between the
parties at any time before the guilty plea is entered in court. No promises or
representations have been made by the United States except as set forth in writing in this

plea agreement.

**** continued on next page****

J. Nicholas Bryant
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A

(=
AGREED TO AND SIGNED this _~

J. NICHOLAS S BRYANT

DAVID SLOAN
Attorney for Defendant

J. Nicholas Bryant
Plea Agreement - Page 8

day of

ANN HOWEY

, 2022.

CHAD E. MEACHAM
UNITED STATES ATTORNEY

Assistant United States Attorney
Texas State Bar No. 24032312
1205 Texas Avenue, Suite 700
Lubbock, Texas 79401
Telephone: (806) 472-7531

ann. howey@usdoj.gov

West Texas REVUE HAA Chief


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