Plea Agreement with Andre Carter (District of New Jersey, Document 30)

Summary

Document 30, filed 07/17/25, in Case 1:25-cr-00471-CPO, is a plea agreement letter dated February 18, 2025 from the United States Attorney's Office for the District of New Jersey to counsel for Andre Carter. It states that the offer expires on March 7, 2025 if not accepted in writing, and that the Office will accept a guilty plea to a two-count Information. Count One charges possession of machineguns; Count Two charges possession of firearms and ammunition by a convicted felon, in violation of Title 18, United States Code, Section 922(g)(1). The letter covers sentencing, forfeiture of listed property, stipulations in an attached Schedule A, waiver of appeal and immigration consequences. Acceptance blocks name Andre Carter and Tatiana Nnaji.

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Case 1:25-cr-00471-CPO Document30_ Filed 07/17/25 Page 1 of 10 PagelD: 56

U.S. Department of Justice

United States Attorney
District of New Jersey

970 Broad Street, 7' floor 973-645-2700
Newark, New Jersey 07102

JMM/PL AGR

2024R00376
February 18, 2025

VIA EMAIL

Tatiana S. L. Nnaji, Esq.
1002 Broad Street
Newark, NJ 07102
Tatiana_Nnaji@fd.org

Re: Plea Agreement with Andre Carter

Dear Counsel:

This letter sets forth the plea agreement between your client, Andre Carter
(‘CARTER’), and the United States Attorney for the District of New Jersey (“this
Office”). This offer will expire on March 7, 2025, if it is not accepted in
writing by that date. If CARTER does not accept this plea agreement, his
sentencing exposure could increase beyond what is discussed in this plea
agreement as a result of this Office’s investigation.

Charges

Conditioned on the understandings specified below, this Office will accept
a guilty plea from CARTER to a two-count Information, which charges CARTER
with, on or about May 16, 2024: (1) in Count One, possession of machineguns,
in violation of Title 18, United States Code, Section 922(0)(1); and (2) in Count
Two, possession of firearms and ammunition by a convicted felon, in violation of
Title 18, United States Code, Section 922(g)(1). If CARTER enters a guilty plea
and is sentenced on these charges and otherwise fully complies with this
agreement, this Office will not initiate any further criminal charges against
CARTER for the unlawful possession or sale of firearms in or around May 2024.

But if a guilty plea in this matter is not entered for any reason or a guilty
plea or judgment of conviction entered in accordance with this agreement does
not remain in full force and effect, this Office may reinstate any dismissed
charges and initiate any other charges against CARTER even if the applicable
statute of limitations period for those charges expires after CARTER signs this
Case 1:25-cr-00471-CPO Document30_ Filed 07/17/25 Page 2 of 10 PagelD: 57

agreement, and CARTER agrees not to assert that any such charges are time-
barred.

Sentencing

The violation of Title 18, United States Code, Section 922(0)(1) to which
CARTER agrees to plead guilty in Count One of the Information carries a
statutory maximum prison sentence of 10 years and a statutory maximum fine
equal to the greatest of (1) $250,000, or (2) twice the gross amount of any
pecuniary gain that any persons derived from the offense, or (3) twice the gross
amount of any pecuniary loss sustained by any victims of the offense.

The violation of Title 18, United States Code, Section 922(g)(1) to which
CARTER agrees to plead guilty in Count Two of the Information carries a
Statutory maximum prison sentence of 15 years and a statutory maximum fine
equal to the greatest of (1) $250,000, or (2) twice the gross amount of any
pecuniary gain that any persons derived from the offense, or (3) twice the gross
amount of any pecuniary loss sustained by any victims of the offense. The prison
sentences on Counts One and Two may run consecutively to each other or to
any prison sentence CARTER is serving or is ordered to serve. Fines imposed by
the sentencing judge may be subject to the payment of interest.

The sentence to be imposed upon CARTER is within the sole discretion of
the sentencing judge, subject to the provisions of the Sentencing Reform Act, 18
U.S.C. §§ 3551-3742, and the sentencing judge’s consideration of the United
States Sentencing Guidelines. Those Guidelines are advisory, not mandatory.
The sentencing judge may impose any reasonable sentence up to and including
the statutory maximum term of imprisonment and the maximum statutory fine.
This Office cannot and does not make any representation or promise as to what
Guidelines range may be found by the sentencing judge, or as to what sentence
CARTER ultimately will receive.

Further, in addition to imposing any other penalty on CARTER, the
sentencing judge as part of the sentence:

(1) will order CARTER to pay an assessment of $100 per count
pursuant to 18 U.S.C. § 3013, which assessment must be paid by
the date of sentencing;

(2) may order CARTER to pay restitution pursuant to 18 U.S.C. § 3663
et seq.;

(3) must order forfeiture, pursuant to 18 U.S.C. § 924(d)(1) and 28
U.S.C. § 2461;
Case 1:25-cr-00471-CPO Document30_ Filed 07/17/25 Page 3 of 10 PagelD: 58

(4) pursuant to 18 U.S.C. § 3583, may require CARTER to serve a term
of supervised release of not more than three years per count, which
will begin at the expiration of any term of imprisonment imposed.
Should CARTER be placed on a term of supervised release and
subsequently violate any of the conditions of supervised release
before the expiration of its term, CARTER may be sentenced to not
more than two years’ imprisonment per count in addition to any
prison term previously imposed, regardless of the statutory
maximum term of imprisonment set forth above and without credit
for time previously served on post-release supervision, and may be
sentenced to an additional term of supervised release.

Forfeiture

As part of CARTER’s acceptance of responsibility and pursuant to 18
U.S.C. § 924(d)(1) and 28 U.S.C. § 2461(c), CARTER agrees to forfeit to the
United States all right, title, and interest, if any, in the following items seized in
or around May 2024 (collectively, the “Specific Property”):

1. one (1) Glock 19 Gen5, 9mm pistol, bearing serial number BRXN288;

2. one (1) Sig Sauer, model P365, 9mm pistol, bearing serial number
66B949269;

3. one (1) Anderson Manufacturing model AM-15, .556 caliber rifle,
bearing serial number 22029844 and a one hundred (100) round drum
magazine;

4. twenty (20) machinegun conversion devices;

5. one (1) HS Produkt, model XDM Elite, 9mm semi-automatic pistol,
bearing serial number BB145762;

6. twenty-one (21) rounds of PMC 9mm ammunition;

7. nine (9) rounds of Browning 9mm ammunition;

8. thirty-five (35) rounds of Tula .40 caliber ammunition;

9. nineteen (19) rounds of Hornady 9mm ammunition; and

10. thirty-three (33) rounds of Giulio-Fiocchi-Lecco (“GFL”) 9mm
ammunition.

CARTER acknowledges that the Specific Property is subject to forfeiture as
firearms or ammunition involved in or used in commission of the offenses
charged in Counts One and Two of the Information.

CARTER waives the requirements of Rules 32.2 and 43(a) of the Federal
Rules of Criminal Procedure regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and incorporation of
the forfeiture in the judgment. Pursuant to Fed. R. Crim. P. 32.2(b)(4), CARTER
consents to the entry of a forfeiture order that, in the Office’s discretion, may be
final as to the defendant prior to the defendant’s sentencing. CARTER
understands that criminal forfeiture pursuant to 18 U.S.C. § 924(d)(1) and 28

3 -
Case 1:25-cr-00471-CPO Document30 _ Filed 07/17/25 Page 4 of 10 PagelD: 59

U.S.C. § 2461 (c) is part of the sentence that may be imposed in this case and
waives any failure by the court to advise CARTER of this pursuant to Fed. R.
Crim. P. 11(b)(1)(J) at the guilty plea proceeding. CARTER further understands
that CARTER has no right to demand that any forfeiture of CARTER’s assets be
treated as satisfaction of any fine, restitution, cost of imprisonment, or any other
penalty the Court may impose in addition to forfeiture. CARTER waives all
constitutional, statutory, and other challenges to the forfeiture on all grounds,
including that the forfeiture constitutes an excessive fine or punishment under
the Eighth Amendment.

CARTER also consents to the administrative and/or civil judicial forfeiture
of the Specific Property pursuant to 18 U.S.C. § 984. CARTER agrees that
CARTER will not file a claim or a petition for remission or mitigation in any
forfeiture proceeding involving the Specific Property and will not cause or assist
anyone else in doing so. To the extent CARTER has filed a claim or petition in
any administrative or civil judicial forfeiture proceeding involving the Specific
Property, such claims or petitions are deemed withdrawn. CARTER further
agrees to take all necessary steps to pass clear title to the Specific Property to
the United States, including, but not limited to, the surrender of such property
to the United States, its agent, or designee, and the execution of all necessary
documentation.

CARTER further consents and agrees to forfeit and abandon to federal,
state, and/or local law enforcement all of CARTER’s right, title, and interest in
the Specific Property; waives all challenges of any kind to the forfeiture and
abandonment of this property by federal, state, and/or local law enforcement;
waives any additional notice requirement in connection with the forfeiture
and/or abandonment of this property; and consents to the destruction of the
forfeited and/or abandoned property at the discretion of federal, state, and/or
local law enforcement.

Rights of This Office Regarding Sentencing

Except as otherwise provided in this agreement, this Office may take any
position with respect to the appropriate sentence to be imposed on CARTER by
the sentencing judge. This Office may also correct any misstatements relating to
the sentencing proceedings and provide the sentencing judge and the United
States Probation Office all law and information relevant to sentencing, favorable
or otherwise. And this Office may inform the sentencing judge and the United
States Probation Office of: (1) this agreement; and (2) the full nature and extent
of CARTER’s activities and relevant conduct with respect to this case.

Stipulations

This Office and CARTER will stipulate at sentencing to the statements set
forth in the attached Schedule A, which is part of this plea agreement. Both

-4-
Case 1:25-cr-00471-CPO Document30_ Filed 07/17/25 Page 5 of 10 PagelD: 60

parties understand that the sentencing judge and the United States Probation
Office are not bound by those stipulations and may make independent factual
findings and may reject any or all of the parties’ stipulations. Nor do these
stipulations restrict the parties’ rights to respond to questions from the Court
and to correct misinformation that has been provided to the Court.

This agreement to stipulate on the part of this Office is based on the
information and evidence that this Office possesses as of the date of this
agreement. Thus, if this Office obtains or receives additional evidence or
information prior to sentencing that it believes materially conflicts with a
Schedule A stipulation, that stipulation shall no longer bind this Office. A
determination that a Schedule A stipulation is not binding shall not release the
parties from any other portion of this agreement, including any other Schedule
A stipulation.

If the sentencing court rejects a Schedule A stipulation, both parties
reserve the right to argue on appeal or at post-sentencing proceedings that the
sentencing court did so properly. Finally, to the extent that the parties do not
stipulate to a particular fact or legal conclusion in this agreement, each reserves
the right to argue how that fact or conclusion should affect the sentence.

Waiver of Appeal and Post-Sentencing Rights

As set forth in Schedule A and the paragraph below, this Office and
CARTER waive certain rights to appeal, collaterally attack, or otherwise challenge
the judgment of conviction or sentence.

Immigration Consequences

CARTER understands that, if CARTER is not a citizen of the United States,
CARTER’s guilty plea to the charged offenses will likely result in CARTER being
subject to immigration proceedings and removed from the United States by
making CARTER deportable, excludable, or inadmissible, or ending CARTER’s
naturalization. CARTER understands that the immigration consequences of this
plea will be imposed in a separate proceeding before the immigration authorities.
CARTER wants and agrees to plead guilty to the charged offenses regardless of
any immigration consequences of this plea, even if this plea will cause CARTER’s
removal from the United States. CARTER understands that CARTER is bound
by: this guilty plea regardless of any immigration consequences. Accordingly,
CARTER waives any right to challenge the guilty plea, sentence, or both based
on any immigration consequences. CARTER also agrees not to seek to withdraw
this guilty plea, or to file a direct appeal, or any kind of collateral attack
challenging the guilty plea, conviction, or sentence, based on any immigration
consequences of the guilty plea or sentence.
Case 1:25-cr-00471-CPO Document30 _ Filed 07/17/25 Page 6 of 10 PagelD: 61

Other Provisions

This agreement is limited to the United States Attorney’s Office for the
District of New Jersey and cannot bind other federal, state, or local authorities.
If requested to do so, however, this Office will bring this agreement to the
attention of other prosecuting offices.

This agreement was reached without regard to any civil or administrative
matters that may be pending or commenced in the future against CARTER. So
this agreement does not prohibit the United States, any agency thereof (including
the Internal Revenue Service and Immigration and Customs Enforcement) or any
third party from initiating or prosecuting any civil or administrative proceeding
against him.

No provision of this agreement shall preclude CARTER from pursuing in
an appropriate forum, when permitted by law, a claim that he received
constitutionally ineffective assistance of counsel.

No Other Promises

This agreement constitutes the entire plea agreement between CARTER
and this Office and supersedes any previous agreements between them. No
additional promises, agreements, or conditions have been made or will be made
unless set forth in writing and signed by the parties.

Very truly yours,

VIKAS KHANNA
ACTING United States Attorney

By: John M. Maloy
Assistant U.S. Attorney

APPROVED:

Samantha C. Fasanello
Chief, OC/Gangs Unit
Case 1:25-cr-00471-CPO Document30 _ Filed 07/17/25 Page 7 of 10 PagelD: 62

I have received this letter from my attorney, Tatiana Nnaji, Esq. I have read
it. My attorney and I have reviewed and discussed it and all of its provisions,
including those addressing the charges, sentencing, stipulations (including the
attached Schedule A), waiver, forfeiture, and immigration consequences. I
understand this letter fully and am satisfied with my counsel’s explanations. I
accept its terms and conditions and acknowledge that it constitutes the plea
agreement between the parties. I understand that no additional promises,
agreements, or conditions have been made or will be made unless set forth in
writing and signed by the parties. I want to plead guilty pursuant to this plea
agreement.

AGREED AND ACCEPTED:

Andre Carter

0% 05 -202$

Date:

I have reviewed and discussed with my client this plea agreement and all
of its provisions, including those addressing the charges, sentencing,
stipulations (including the attached Schedule A), waiver, forfeiture, and
immigration consequences. My client understands this plea agreement fully and
wants to plead guilty pursuant to it.

(Wee pate: O3 /0S/ D005

Tatiana Nnaji, Esq.
Counsel for Defendant
Case 1:25-cr-00471-CPO Document30_ Filed 07/17/25 Page 8 of 10 PagelD: 63

Plea Agreement With Andre Carter

Schedule A

1. This Office and CARTER recognize that the United States Sentencing
Guidelines do not bind the sentencing judge. Each party nevertheless agrees to
these stipulations.

2. The version of the Guidelines effective November 1, 2024 applies in
this case.

3. Counts One and Two group pursuant to U.S.S.G. § 3D1 .2(a) because
the counts involve the same act or transaction.

4. The applicable guideline is U.S.S.G. § 2K2.1(a). This guideline
carries a Base Offense Level of 20 pursuant to U.S.S.G. § 2K2.1(a)(4)(B), because
the offense involved a semiautomatic firearm that is capable of accepting a large
capacity magazine and firearms that are described in Title 26, United States
Code, Section 5845(a) and the defendant was a prohibited person at the time he
committed the instant offense.

5. Pursuant to U.S.S.G. § 2K2.1(b)(B), a two-level enhancement applies
because the offense conduct involved between three and seven firearms as
defined in Title 18, United States Code, Section 92 1(a)(3).

6. As of the date of this letter, CARTER has clearly demonstrated a
recognition and affirmative acceptance of personal responsibility for the offenses
charged. Therefore, a downward adjustment of 2 levels for acceptance of
responsibility is appropriate if CARTER’s acceptance of responsibility continues
through the date of sentencing. See U.S.S.G. § 3E1.1(a).

7. As of the date of this letter, CARTER has assisted authorities in the
investigation or prosecution of his own misconduct by timely notifying
authorities of his intention to enter a plea of guilty, thereby permitting this Office
to avoid preparing for trial and permitting this Office and the court to allocate
their resources efficiently. At sentencing, this Office will move for a further 1-
point reduction in CARTER’s offense level pursuant to U.S.S.G. § 3E1.1(b) if the
following conditions are met: (a) CARTER enters a plea pursuant to this
agreement, (b) this Office, in its discretion, determines that CARTER’s
acceptance of responsibility has continued through the date of sentencing and
CARTER therefore qualifies for a 2-point reduction for acceptance of
responsibility pursuant to U.S.S.G. § 3E1.1(a), and (c) CARTER’s offense level
under the Guidelines prior to the operation of § 3E1.1(a) is 16 or greater.

8. Accordingly, the parties agree that the total Guidelines offense level
applicable to CARTER is 19 (the “Total Offense Level”).

-8-
Case 1:25-cr-00471-CPO Document30_ Filed 07/17/25 Page 9 of 10 PagelD: 64

9. The parties agree not to advocate for any upward or downward
adjustment or departure from the Guidelines range resulting from (a) the Total
Offense Level and (b) the criminal history category that the sentencing judge
applies under Chapter 4 of the Guidelines without any departure or variance.
But each party may seek a variance from that Guidelines range, which the other

party may oppose.

10. Ifthe term of imprisonment does not exceed 37 months, and except
as specified in the next paragraph below, CARTER will not challenge or seek to
reduce by any means any component of the sentence imposed by the sentencing
judge for any reason other than ineffective assistance of counsel. The term “any
means” includes a direct appeal under 18 U.S.C. § 3742 or 28 U.S.C. § 1291, a
motion to vacate the sentence under 28 U.S.C. § 2255, a motion to reduce the
term of imprisonment under 18 U.S.C. § 3582(c)(1)(B) or (c)(2), a motion for early
termination of supervised release under 18 U.S.C. § 3583{(e)(1), and any other
appeal, motion, petition, or writ, however captioned, that seeks to attack or
modify any component of the sentence. If the term of imprisonment is at least
30 months, this Office will not challenge by appeal, motion, or writ any
component of the sentence imposed by the sentencing judge. The provisions of
this paragraph bind the parties even if the sentencing judge employs a
Guidelines analysis different from the one above.

11. Both parties reserve the right to file or to oppose any appeal,
collateral attack, writ or motion not barred by the preceding paragraph or any
other provision of this plea agreement. Moreover, the preceding paragraph does
not apply to:

(a) Any proceeding to revoke the term of supervised release.

(b) A motion to reduce the term of imprisonment under 18 U.S.C.
§ 3582(c)(1)(A).

(c) An appeal from the denial of a § 3582(c)(1)(A) motion on the
grounds that the court erred in finding no extraordinary and
compelling circumstances warranting a reduced term of
imprisonment or that the court failed to consider those
circumstances as a discretionary matter under the applicable
factors of 18 U.S.C. § 3553(a).


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