Plea Agreement — United States v. Sherrie Lynne Bryant (D. Md.)

Summary

A plea agreement letter dated August 3, 2022 from the U.S. Attorney's Office for the District of Maryland to defense counsel Charles Burnham, Esq., filed October 27, 2022 as Document 34 in United States v. Sherrie Lynne Bryant, No. 8:22-cr-00308-DLB. Under it the Defendant agrees to plead guilty to Count One of an Information to be filed charging wire fraud under 18 U.S.C. § 1343 and to admit Violation Number 1 in a supervised release petition in Criminal No. PWG-17-518. The letter lists a maximum of 20 years in prison. The parties agree to a base offense level of 7 and a 12-level increase because the loss was more than $250,000 but less than $550,000, and the Office does not oppose a 2-level reduction for acceptance of responsibility. The signature block names United States Attorney Erek L. Barron and Assistant United States Attorney Rajeev R. Raghavan.

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Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 1of11
U.S. Department of Justice

United States Attorney

District of Maryland

Southern Division
Rajeev R. Raghavan Mailing Address Office Location DIRECT 301-344-4031
Assistant United States Attorney 6500 Cherrywood Lane, Suite 200 6406 Ivy Lane, 8” Floor MAIN 301-344-4433
Rajeev.Raghavan@usdoj.gov Greenbelt, MD 20770-1249 Greenbelt, MD 20770-1249 Aitto?’ -344-4516 ENTERED

——_. LOGGED ______ RECEIVED
August 3, 2022

OCT 27 2022
Charles Burnham, Esq. AT GREENBELT
1424 K Street, NW, Suite 500 CLERK, U.S, pp od Se
Washington, DC 20005 BY DISTRICT O DEP

Re: United States v. Sherrie Lynne Bryant, _
Criminal No. [EBB}-3rMread-GEs PWO- 22-308
Criminal No. PWG-17-518 (VOSR)

Dear Counsel:

This letter, together with the Sealed Supplement, confirms the plea agreement (this
“Agreement”) that has been offered to your client, Sherrie Lynne Bryant (hereinafter
“Defendant”), by the United States Attorney’s Office for the District of Maryland (“this Office”).
If the Defendant accepts this offer, please have the Defendant execute it in the spaces provided
below. If this offer has not been accepted by 5 p.m. on August 12, 2022, it will be deemed
withdrawn. The terms of the Agreement are as follows:

Offense of Conviction and Violation of Supervised Release

1. The Defendant agrees to plead guilty to Count One of an Information to be filed
against her, which will charge the Defendant with wire fraud, in violation of 18 U.S.C. § 1343.
The Defendant also agrees to admit to Violation Number 1 alleged in the supervised release
petition now pending against her in Criminal No. PWG-17-518 (the “VOSR”). Violation Number
1 of the petition alleges that the Defendant was arrested and charged with Wire Fraud in the U.S.
District Court on August 24, 2021, and therefore was in violation of Mandatory Condition #1
which states that the defendant shall not commit another federal, state, or local crime. The
Defendant admits that the Defendant is, in fact, guilty of the offense in the Information, and of
violating the terms of her supervised release as alleged in the petition, and will so advise the Court.

Elements of the Offense and Violation of Supervised Release

2. The elements of the offense and violation of supervised release to which the

Defendant has agreed to plead guilty, and which this Office would prove if the case went to trial,
are as follows:

Rev. August 2018
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 2 of 11

Information (Criminal No. TBD)

3. Count Qne: That on or about the time alleged in the Information, in the District of
Maryland: (1) there was a scheme or artifice to defraud, or to obtain money or property by
materially false and fraudulent pretenses, representations, or promises, as alleged in the
Information; (2) the Defendant knowingly and willfully participated in the scheme or aftifice to
defraud with knowledge of its fraudulent nature and with the specific intent to defraud; and (3) in
the execution of that scheme, the Defendant used or caused the use of the interstate ires, as
specified in the Information.

VOSR (Criminal No, PWG-17-518)

4. VOSR: That on or about the time alleged in the Petition, in the District of
Maryland: (1) the Defendant was on supervised release; and (2) the Defendant violated a condition
of supervised release.

Penalties

5. The maximum penalties provided by statute for the offense to which the Defendant
is pleading guilty are as follows:

Information (Criminal No. TBD)

Minimum | Maximum Supervised | Maximum Special
Prison Prison Release Fine Assessment
$250,000
or twice
the gross
- as N/A 20 years 3 years gain (or $100
loss),
whichever
is greater

Count Statute

VOSR (Criminal No, PWG-17-518)

Violation of Supervised Release: The conviction underlying the Defendant’s supervised
release was pursuant to 18 U.S.C. § 1516 and, therefore, is a Class D felony. Pursuant to 18 U.S.C.
§ 3583(e)(3) and (h), the maximum sentence is two years of imprisonment and five years of
supervised release, less any term of imprisonment imposed upon revocation of supervised |release,

a. Prison: If the Court orders a term of imprisonment, the Bureau of|Prisons
has sole discretion to designate the institution at which it will be served.

b. Supervised Release: If the Court orders a term of supervised release, and
the Defendant violates the conditions of supervised release, the Court may order the Defendant

Rev. August 2018
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 3 of 11

retumed to custody to serve a term of imprisonment as permitted by statute, followed by an

additional term of supervised release.

C. Restitution: The Court may order the Defendant to pay restitution pursuant

to 18 U.S.C. §§ 3663, 3663A, and 3664.

d. Payment: Ifa fine or restitution is imposed, it shall be payable immediately,
unless the Court orders otherwise under 18 U.S.C. § 3572(d). The Defendant may be required to

pay interest if the fine is not paid when due.

e. Forfeiture: The Court may enter an order of forfeiture of assets directly
traceable to the offense, substitute assets, and/or a money judgment equal to the value of the

property subject to forfeiture.

f. Collection of Debts: If the Court imposes a fine or restitution, this Office’s
Financial Litigation Unit will be responsible for collecting the debt. If the Court establishes a
schedule of payments, the Defendant agrees that: (1) the full amount of the fine or restitution is
nonetheless due and owing immediately; (2) the schedule of payments is 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; and (3) the United States may fully employ all p¢
collect on the total amount of the debt as provided by law. Until the debt is paid, the Dy

fendant

agrees to disclose all assets in which the Defendant has any interest or over which the Defendant
exercises direct or indirect control. Until the money judgment is satisfied, the Defendant

authorizes this Office to obtain a credit report in order to evaluate the Defendant’s ability

and to request and review the Defendant’s federal and state income tax returns. The Defendant

agrees to complete and sign a copy of IRS Form 8821 (relating to the voluntary disclo
federal tax return information) and a financial statement in a form provided by this Office.

’ Waiver of Rights

6. The Defendant understands that by entering into this Agreement, the Defendant

surrenders certain rights as outlined below:

Information (Criminal No. TBD)

a. The Defendant has the right to have her case presented to a Grand Jury,
which would decide whether there is probable cause to return an indictment against the Defendant.
By agreeing to proceed by way of Information, the Defendant is giving up that right, and

understands that the charges will be filed by the United States Attorney without the Grand

b. Ifthe Defendant had pled not guilty and persisted in that plea, the Defendant
would have had the right to a speedy jury trial with the close assistance of competent counsel.
That trial could be conducted by a judge, without a jury, if the Defendant, this Office, land the

Court all agreed.

Rev. August 2018
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 4 of 11

individuals selected from the community. Counsel and the Defendant would have the opportunity
to challenge prospective jurors who demonstrated bias or who were otherwise unqualified, and
would have the opportunity to strike a certain number of jurors peremptorily. All twelve jurors
would have to agree unanimously before the Defendant could be found guilty of any count. The
jury would be instructed that the Defendant was presumed to be innocent, and that presumption
could be overcome only by proof beyond a reasonable doubt.

c. If the Defendant elected a jury trial, the jury would be composed " twelve

d. If the Defendant went to trial, the Government would have the burden of
proving the Defendant guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the Government’s witnesses. The Defendant would not |have to
present any defense witnesses or evidence whatsoever. If the Defendant wanted to call witnesses
in defense, however, the Defendant would have the subpoena power of the Court to compel the
witnesses to attend.

e. The Defendant would have the right to testify in the Defendant’s own
defense if the Defendant so chose, and the Defendant would have the right to refuse to sehiy If
the Defendant chose not to testify, the Court could instruct the jury that they could not draw any
adverse inference from the Defendant’s decision not to testify.

f. If the Defendant were found guilty after a trial, the Defendant would have
the right to appeal the verdict and the Court’s pretrial and trial decisions on the admissi bility of
evidence to see if any errors were committed which would require a new trial or dismissal of the

charges. By pleading guilty, the Defendant knowingly gives up the right to appeal the verdict and
the Court’s decisions.

g. By pleading guilty, the Defendant will be giving up all of these rights,
except the right, under the limited circumstances set forth in the “Waiver of Appeal” paragraph
below, to appeal the sentence. By pleading guilty, the Defendant understands that the Defendant
may have to answer the Court’s questions both about the rights being given up and about the facts
of the case. Any statements that the Defendant makes during such a hearing would not be
admissible against the Defendant during a trial except ina criminal proceeding for perjury|or false
Statement.

h. If the Court accepts the Defendant’s plea of guilty, the Defendant| will be
giving up the right to file and have the Court rule on pretrial motions, and there will be na further

trial or proceeding of any kind in the above-referenced criminal case, and the Court will find the
Defendant guilty.

L. By pleading guilty, the Defendant will also be giving up certain Valuable
civil rights and may be subject to deportation or other loss of immigration status, including possible
denaturalization. The Defendant recognizes that if the Defendant is not a citizen of the United
States, or is a naturalized citizen, pleading guilty may have consequences with respect to the
Defendant’s immigration status. Under federal law, conviction for a broad range of fs can

lead to adverse immigration consequences, including automatic removal from the United States.

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

Rev, August 2018
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 5 of 11

and the Defendant understands that no one, including the Defendant’s attorney or the Court, can
predict with certainty the effect of a conviction on immigration status. The Defendant is not
relying on any promise or belief about the immigration consequences of pleading guilty. The
Defendant nevertheless affirms that the Defendant wants to plead guilty regardless of any potential

immigration consequences.

VOSR (Criminal No. PWG-17-518)

j. If the Defendant had persisted in her plea of not guilty, the Defendant would

have had the right: (1) to be assisted by competent counsel; (2) to receive written noti¢
alleged violation; (3) to disclosure of the evidence against her; and (4) to a revocation
within a reasonable time.

e of the
hearing

k, If the matter proceeded to a revocation hearing, the Defendant would have
had an opportunity to appear, present evidence, and question any adverse witnesses (unless the

Court determines that the interest of justice does not require the witness to appear).

L At any such revocation hearing, the Government would have to prove to the
presiding Judge, by a preponderance of the evidence, that the Defendant violated a condition of

supervised release.

m. If the Defendant were found guilty at such a hearing, she would have the

right to appeal the Court’s finding of guilt and its decisions concerning the admissil
evidence, By pleading guilty, the Defendant knowingly gives up the right to appeal the fi
guilt and the Court’s decisions.

Advisory Sentencing Guidelines Apply

7. The Defendant understands that the Court will determine a sentencing gu
range for this case (henceforth the “advisory guidelines range”) pursuant to the Sentencing
Act of 1984 at 18 U.S.C. § 3551-3742 (excepting 18 U.S.C. § 3553(b)(1) and 3742
28 U.S.C. §§ 991 through 998. The Defendant further understands that the Court will it
sentence pursuant to the Sentencing Reform Act, as excised, and must take into accc
advisory guidelines range in establishing a reasonable sentence.

Factual and Advisory Guidelines Stipulation

8. This Office and the Defendant stipulate and agree to the Statement of Facts
in Attachment A, which is incorporated by reference herein.

Count One of the Information

a. This Office and the Defendant further agree that the applicable base
level is 7, pursuant to United States Sentencing Guidelines CU.S.S.G.”) §§ 2B1.1(a)(1).

Rev. August 2018

bility of
nding of

idelines
Reform
(e)) and
mpose a
punt the

set forth

offense
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 6 of 11

b. A 12-level increase applies, pursuant to U.S.S.G. § 2B1.1(b)(1)(H),| because
the amount of actual or intended loss involved in the offense was more than $250,000 but less than

$550,000.

C. This Office does not oppose a 2-level reduction in the Defendant’s adjusted

offense level pursuant to U.S.S.G. § 3E1.1(a) based upon the Defendant’s apparent

prompt

recognition and affirmative acceptance of personal responsibility for the Defendant’s briminal
conduct. This Office agrees to make a motion pursuant to U.S.S.G. § 3E1.1(b) for an additional
1-leve] decrease in recognition of the Defendant’s timely notification of the Defendant’s intention
to enter a plea of guilty. This Office may oppose any adjustment for acceptance of responsibility
under U.S.S.G. § 3E1.1(a), and may decline to make a motion pursuant to U.S.S.G. § 3E .1(b), if
the Defendant: (i) fails to admit each and every item in the factual stipulation; (ii) denies
involvement in the offense; (iii) gives conflicting statements about the Defendant’s inv Ivement

in the offense; (iv) is untruthful with the Court, this Office, or the United States Probation

Office;

(v) obstructs or attempts to obstruct justice prior to sentencing; (vi) engages in any ¢riminal
conduct between the date of this Agreement and the date of sentencing; (vii) attempts to withdraw

the plea of guilty; or (viii) violates this Agreement in any way.

9. There is no agreement as to the Defendant’s criminal history and the mY
understands that the Defendant’s criminal history could alter the Defendant’s offen,

fendant

e level.

Specifically, the Defendant understands that the Defendant’s criminal history could alter the final
offense level if the Defendant is determined to be a career offender or if the instant offense was a

part of a pattern of criminal conduct from which the Defendant derived a substantial portic
Defendant’s income.

VOSR

n of the

10. This Office and the Defendant further agree that, pursuant to W.S.S.G.
§ 7B1.1(a)(2), the advisory guidelines range for Grade B violations applies, because the most

serious conduct alleged in the VOSR petition constitutes a federal, state, or local
punishable by a term of imprisonment exceeding one year.

offense

11. The parties further agree that, at the time of her original conviction that provided

her term of supervised release in the case underlying Criminal No. PWG-17-518, the De
had a criminal history category of II.

fendant

12. Thus, the parties further agree that, pursuant to 7B1.4(a), the advisory guidelines
range for the VOSR is 6-12 months. Pursuant to U,S.S.G. § 7B1.3(f), any term of imprionment

imposed upon the revocation of supervised release shall be ordered to be served consecu

ively to

any sentence of imprisonment that the Defendant is serving, whether or not the sentence of
imprisonment being served resulted from the conduct that is the basis of the revocation of

supervised release.

13. Other than as set forth above, no other offense characteristics, sentencing gu
factors, potential departures or adjustments set forth in the United States Sentencing Gu
are in dispute or will be raised in calculating the advisory guidelines range.

Rev. August 2018

delines
delines
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 7 of 11

Obligations of the Parties

14. At the time of sentencing, this Office agrees to recommend a sentence at the low-
end of the applicable United States Sentencing Guidelines in Criminal No. [TBD] and a reasonable
sentence in Criminal No. PWG-17-518. The Defendant reserves the right to advocate for a
reasonable sentence in Criminal No. [TBD] and Criminal No. PWG-17-518. The patties reserve
the right to advocate for a reasonable period of supervised release and/or fine in Criminal No.
[TBD}j and Criminal No. PWG-17-518, considering any appropriate factors under 18 U.S.C. §
3553(a). This Office and the Defendant reserve the right to bring to the Court’s attention all
information with respect to the Defendant’s background, character, and conduct that this Office or
the Defendant deem relevant to sentencing, including the conduct that is the subject of any counts
of the Indictment. At the time of sentencing, this Office will move to dismiss any open counts
against the Defendant.

Waiver of Appeal

15. In exchange for the concessions made by this Office and the Defendant in this
Agreement, this Office and the Defendant waive their rights to appeal as follows:

a. The Defendant knowingly waives all right, pursuant to 28 U.S.C. §|1291 or
any other statute or constitutional provision, to appeal the Defendant’s conviction on any ground
whatsoever. This includes a waiver of all right to appeal the Defendant’s conviction on the ground
that the statute(s) to which the Defendant is pleading guilty is unconstitutional, or on the ground
that the admitted conduct does not fall within the scope of the statute(s), to the extent that such
challenges legally can be waived.

b. In Criminal No. [TBD], the Defendant and this Office knowingly and
expressly waive all rights conferred by 18 U.S.C. § 3742 to appeal whatever sentence is j posed
(including any term of imprisonment, fine, term of supervised release, or order of restitu ion) for
any reason (including the establishment of the advisory sentencing guidelines r ge, the
determination of the Defendant’s criminal history, the weighing of the sentencing factors, and any
constitutional challenges to the calculation and imposition of any term of imprisonment, fine, order
of forfeiture, order of restitution, and term or condition of supervised release), except as follows:

i. The Defendant reserves the right to appeal any term of
imprisonment in Criminal No. [TBD] to the extent that it exceeds any sentence within the advisory
guidelines range resulting from an offense level of 16; and

il, This Office reserves the right to appeal any term of imprisonment in
Criminal No. [TBD] to the extent that it is below any sentence within the advisory guidelines range
resulting from an offense level of 16.

¢, In Criminal No, PWG-17-518, the Defendant and this Office knowingly and
expressly waive all rights conferred by 18 U.S.C. § 3742 to appeal whatever sentence is imposed
(including any term of imprisonment, fine, term of supervised release, or order of restitution) for

Rev. August 2018
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 8 of 11

any reason (including the establishment of the advisory sentencing guidelines range, the
determination of the Defendant’s criminal history, the weighing of the sentencing factors,|and any
constitutional challenges to the calculation and imposition of any term of imprisonment, fine, order
of forfeiture, order of restitution, and term or condition of supervised release).

d. The Defendant waives any and all rights under the Freedom of Information
Act relating to the investigation and prosecution of the above-captioned matter and agrees not to
file any request for documents from this Office or any investigating agency.

Forfeiture

16. The Defendant understands that the Court may enter an Order of Forfeiture as part
of the Defendant’s sentence, and that the Order of Forfeiture may include assets directly traceable
to the offense(s), substitute assets, and/or a money judgment equal to the value of the property
derived from, or otherwise involved in, the offenses.

17. —_ Specifically, but without limitation on the Government’s right to forfeit all property
subject to forfeiture as permitted by law, the Defendant agrees to forfeit to the United Stairs all of
the Defendant’s right, title, and interest in the following items that the Defendant agrees constitute
money, property, and/or assets derived from or obtained by the Defendant as a result of or used
to facilitate the commission of, the Defendant's illegal activities: a forfeiture money judgment
in the amount of $419,100 in U.S. currency equal to the total fraudulent loan proceeds obtained
by the Defendant as a result of the scheme to defraud. The Defendant agrees that due to|her acts
or omissions, the full amount of the proceeds she obtained as a result of the conspiracy, are not
currently available to the Government, and therefore one or more of the conditions of 2] U.S.C.
§ 853(p) have been met and the Government is entitled to the forfeiture of substitute assets. In
partial satisfaction of the forfeiture money judgment, the Defendant agrees to forfeit up to
$419,100 in U.S. currency in funds held in the following as proceeds derived from or obtained by
the Defendant as a result of the scheme to defraud or as substitute assets:

a, all funds remaining as of March 25, 2022, in Capital One bank laccount
ending in 8072 held in the name of NOW LLC; and

b. all funds remaining as of March 25, 2022, in Capital One bank laccount
ending in 2613 held in the name of NOW LLC.

18. The Defendant agrees to consent to the entry of orders of forfeiture for the roperty
described herein and waives the requirements of Federal Rules of Criminal Procedure 32.2 and
43(a) regarding notice of the forfeiture in the charging instrument, announcement of the férfeiture
at sentencing, and incorporation of the forfeiture in the judgment. This Office agrees to seek the
Attorney General’s approval to apply forfeited assets to the Defendant’s Restitution Order.

19. The Defendant agrees to assist fully in the forfeiture of the above property. The
Defendant agrees to disclose all assets and sources of income, to consent to all requests for access
to information related to assets and income, and to take all steps necessary to pass clear title to the
forfeited assets to the United States, including executing all documents necessary to transfer such

Rev. August 2018
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 9 of 11

title, assisting in bringing any assets located outside of the United States within the snsepotien of
the United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture
are made available for forfeiture.

20. The Defendant waives all challenges to any forfeiture carried out in acdordance
with this Agreement on any grounds, including any and all constitutional, legal, equitable,
statutory, or administrative grounds brought by any means, including through direct appeal, habeas
corpus petition, or civil complaint. The Defendant will not challenge or seck review of ¢ ny civil
or administrative forfeiture of any property subject to forfeiture under this Agreement, and will
not assist any third party with any challenge or review or any petition for remission of forfeiture,

Restitution

21. | The Defendant agrees to the entry of a restitution order for the full amount of the
victims’ losses, which the parties stipulate is at least $419,100.00. The Defendant agrees that,
pursuant to 18 U.S.C. §§ 3663 and 3663A and 3563(b)(2) and 3583(d), the Court m y order
restitution of the full amount of the actual, total loss caused by the offense conduct set forth in the
factual stipulation. The total amount of restitution shall be due immediately and shall be] ordered
to be paid forthwith. Any payment schedule imposed by the Court establishes only a minimum
obligation. Defendant will make a good faith effort to pay any restitution. Regardless of
Defendant’s compliance, any payment schedule does not limit the United States’ ability to collect
additional amounts from Defendant through all available collection remedies at any time. The
Defendant further agrees that the Defendant will fully disclose to this Office, the probation officer,
and to the Court, subject to the penalty of perjury, all information (including but not limited to
copies of all relevant bank and financial records) regarding the current location and prior
disposition of all funds obtained as a result of the criminal conduct’ set forth in the factual
stipulation. The Defendant further agrees to take all reasonable steps to retrieve or repatniate any
such funds and to make them available for restitution. If the Defendant does not fulfill this
provision, it will be considered a material breach of this Agreement, and this Office may seek to
be relieved of its obligations under this Agreement.

Defendant’s Conduct Prior to Sentencing and Breach

22. Between now and the date of the sentencing, the Defendant will not engage in
conduct that constitutes obstruction of justice under U.S.S.G. § 3C1.1; will not violate any|federal,
State, or local law; will acknowledge guilt to the probation officer and the Court; will be|truthful
in any statement to the Court, this Office, law enforcement agents, and probation officers; will
cooperate in the preparation of the presentence report; and will not move to withdraw from the
plea of guilty or from this Agreement.

23. If the Defendant engages in conduct prior to sentencing that violates the above
paragraph of this Agreement, and the Court finds a violation by a preponderance of the evidence,
then: (i) this Office will be free from its obligations under this Agreement; (ii) this Office may
make sentencing arguments and recommendations different from those set out in this Agreement,
even if the Agreement was reached pursuant to Rule ! 1(c)(1)(C); and (iii) in any criminal] or civil
proceeding, this Office will be free to use against the Defendant all statements made by the

Rev, August 2018
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 10 of 11

Defendant and any of the information or materials provided by the Defendant, including
statements, information, and materials provided pursuant to this Agreement, and statements made
during proceedings before the Court pursuant to Rule 11 of the F ederal Rules of Criminal
Procedure. A determination that this Office is released from its obligations under this Agreement
will not permit the Defendant to withdraw the guilty plea. The Defendant acknowledged that the
Defendant may not withdraw the Defendant’s guilty plea—even if made pursuant |to Rule
11(c)(1)(C)—if the Court finds that the Defendant breached the Agreement. In that event, neither
the Court nor the Government will be bound by the specific sentence or sentencing rang agreed
and stipulated to herein pursuant to Rule | 1(c)(1)(C).

Court Not a Party

24. The Court is not a party to this Agreement. The sentence to be imposed is within
the sole discretion of the Court. The Court is not bound by the Sentencing Guidelines stipulation
in this Agreement. The Court will determine the facts relevant to sentencing. The Court is not
required to accept any recommendation or stipulation of the parties. The Court has the power to
impose a sentence up to the maximum penalty allowed by law. If the Court makes sentencing
findings different from those stipulated in this Agreement, or if the Court imposes any sentence up
to the maximum allowed by statute, the Defendant will remain bound to fulfill all of the obligations
under this Agreement. Neither the prosecutor, defense counsel, nor the Court can make al binding
prediction, promise, or representation as to what guidelines range or sentence the Defendant will
receive. The Defendant agrees that no one has made such a binding prediction or promise.

Entire Agreement

25. This letter, together with the Sealed Supplement, constitutes the complete plea
agreement in this case. This letter, together with the Sealed Supplement, supersedes any prior
understandings, promises, or conditions between this Office and the Defendant. There are no other
agreements, promises, undertakings, or understandings between the Defendant and this Office
other than those set forth in this letter and the Sealed Supplement. No changes to this Agreement
will be effective unless in writing, signed by all parties and approved by the Court.

Rev. August 2018
10
Case 8:22-cr-00308-DLB Document 34 Filed 10/27/22 Page 11 of 11

If the Defendant fully accepts each and every term and condition of this Agreement, please
sign and have the Defendant sign the original and return it to me promptly. |

Very truly yours,

Erek L. Barron
United States Attorney

Rajeév R. Raghavan

Assistant United States Attorney

Ihave read this Agreement, including the Sealed Supplement, and carefully reviewed every
part of it with my attorney. I understand it and I voluntarily agree to it. Specifically, I have
reviewed the Factual and Advisory Guidelines Stipulation with my attorney and I do not wish to
change any part of it. I am completely satisfied with the representation of my attorney.

Date Sherrie

I am the Defendant’s attorney. I have carefully reviewed every part of this Agipemt
including the Sealed Supplement with the Defendant. The Defendant advises me that the
Defendant understands and accepts its terms. To my knowledge, the Defendant’s decision to enter
into this Agreement is an informed and voluntary one.

Date harles Burnham, Esq.

Rev. August 2018
11


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