Petition to Enter Plea of Guilty and Order Entering Plea — USA v. Warren (Dkt. 29, D. Kan.)
Summary
Petition to Enter Plea of Guilty and Order Entering Plea by defendant Timothy Dale Warren in the District of Kansas. The petition states that the plea is to Count 5 of the Indictment, charging Money Laundering, and that the lawyer informed the defendant it could bring a sentence of not more than ten (10) years imprisonment, a $250,000 fine, three (3) years of supervised release, restitution in the amount of $145,877.70 and a $100.00 mandatory special assessment. It says the plea results from a plea agreement attached to it. The defendant signed and swore to it in open court on the 17th day of July, 2023, with a Certificate of Counsel from Mark T. Schoenhofer. In the order, the court accepts the guilty plea, defers its decision on the plea agreement until the presentence investigation, and orders that investigation.
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“Petition to Enter Plea of Guilty and Order Entering Plea — USA v. Warren (Dkt. 29, D. Kan.).”
Original at ecf.ksd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/petition-to-enter-plea-of-guilty-and-order-entering-plea-usa-v-warren-4c04f55909/
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Case 6:22-cr-10061-JWB Document 29 Filed 07/17/23 Page 1 of 7
FILED
U.S. District. Court
District of Kansas
JUL 17 2023
IN UNITED ST ATES DISTRICT COURT Cler u.s.rtrict Court
FOR THE DISTRICT OF KANSAS By 1
·5 0<1t-'.i Deputy Clerk
UNITED STATES OF AMERICA, ) Case No. 22-10061-JWB
Plaintiff, )
) PETITION TO ENTER PLEA
V. ) OF GUILTY and ORDER
) ENTERING PLEA
TIMOTHY DALE WARREN, )
Defendant. ) [Federal Rules of Criminal
) Procedure Rules 10, 11.]
The Defendant represents to the Court:
(1) My full true name is: Timothy Dale Warren. I am 59 years of age. I have
completed chiropractic college. I request that all proceedings against me be in my true name,
Timothy Dale Warren.
(2) I am represented by my lawyer Mark T. Schoenhofer, 1631 E. 1st Street, Wichita,
Kansas 67214.
(3) I received a copy of the Indictment before being called upon to plead. I have read
the Indictment and have discussed it with my lawyer. I fully understand every charge made
against me.
(4) I have told my lawyer all the facts and circumstances known to me about the
charges made against me in the Indictment. I believe that my lawyer is fully informed on all
such matters.
(5) I know that the Court must be satisfied that there is a factual basis for a plea of
"GUILTY" before my plea can be accepted. I represent to the Court that I did the following acts
in connection with the charge made against me in Count 5 of the Indictment:
See factual basis for the guilty plea, paragraph 2 of plea agreement.
( 6) My lawyer has counseled and advised me on the nature of the charges, on all
lesser included charges, and on all possible defenses that I might have in this case.
(7) I know that I have the right to plead "NOT GUILTY" to any offense charged
against me. If I plead "NOT GUILTY" I know the Constitution guarantees me (a) the right to a
speedy and public trial by a jury; (b) at that trial, and at all stages of the proceedings, the right to
the assistance of a lawyer; (c) the right to see and hear all witnesses called to testify against me,
and the right to cross-examine those witnesses; (d) the right to use the power and process of the
Case 6:22-cr-10061-JWB Document 29 Filed 07/17/23 Page 2 of 7
Court to compel the production of any evidence, including the attendance of any witnesses in my
favor; and (e) the right not to be compelled to incriminate myself by taking the witness stand;
and if I do not take the witness stand, no inference of guilt may be drawn from such failure.
(8) I know that if I plead "GUILTY," I am thereby waiving my right to a trial, and
that there will be no further trial of any kind, either before a Court or jury; and further, I realize
the Court may impose the same punishment as ifl had pleaded "NOT GUILTY," stood trial, and
been convicted by a jury.
(9) I know that if I plead "GUILTY," the Court will ask me questions about the
offense(s) to which I have pleaded, and since I will be answering these questions under oath, on
the record, and in the presence of my lawyer, that my answers may later be used against me in a
prosecution for perjury or false statement.
(10) My lawyer informed me that the plea of "GUILTY" to Count five (5) of the
Indictment, charging a violation of 18 U.S.C. § 1957, that is, Money Laundering, could subject
me to a sentence of not more than ten (10) years imprisonment, a $250,000 fine, three (3) years
of supervised release, restitution in the amount of $145,877.70 and a $100.00 mandatory special
assessment. I have also been informed that should the Court find me in violation of the
supervised release term, the term could be revoked and an additional term of imprisonment may
be imposed. I have also been informed that the Court may order me to make restitution in
compliance with 18 U.S.C. §3663 and §3664 or as a condition of supervision, if such is ordered
under 18 U.S.C. §3563, in addition to any other penalty provided by law. I further understand
that if I am pleading "GUILTY" to an offense which is subject to the Sentencing Reform Act, I
cannot be released on parole and, if imprisonment is ordered in my case, the sentence imposed
by the Court will be the sentence I serve less any good time credit if I earn it.
(11) The special monetary assessment is $100.00 for each count in which the offense
occurred after April 24, 1996. (Not less than $100.00 for a felony, $25.00 for a misdemeanor; if
the defendant is other than an individual the assessment is not less than $400.00 for a felony and
$100.00 for a misdemeanor). I UNDERSTAND THIS SPECIAL ASSESSMENT MUST BE
PAID AT THE TIME OF THE SENTENCING HEARING UNLESS THE COURT DIRECTS
OTHERWISE.
(12) I understand that if my case involves drug trafficking or drug possession, the
Court may deny or suspend my eligibility to receive federal benefits pursuant to 21 U.S.C. §862,
except for second or subsequent conviction for possession of a controlled substance, the Court
may order me to complete drug treatment or community service as specified in the sentence as a
condition for reinstatement of benefits.
(13) I know that the Court may also order, in addition to the penalty imposed, that I
give reasonable notice of explanation of the conviction, in such form as the Court may approve,
to the victims of the offense.
(14) I have been advised and understand that IF I AM NOT A U.S. CITIZEN, a
conviction of a criminal offense WILL RESULT in adverse immigration consequences, such as
2
Case 6:22-cr-10061-JWB Document 29 Filed 07/17/23 Page 3 of 7
DEPORTATION from the United States, exclusion from admission to the United States, and/or
denial of naturalization.
(15) Ifl am on probation or parole in this or any other Court, I know that by pleading
guilty here, my probation or parole may be revoked and I may be required to serve time in that
case, which will be consecutive, that is, in addition to any sentence imposed upon me in this
case.
(16) I declare that no officer or agent of any branch of government (Federal, State, or
local) has promised, suggested, or predicted that I will receive a lighter sentence, or probation, or
any other form ofleniency ifl plead "GUILTY," except as follows:
SEE PARAGRAPH 18.
If anyone else, including my attorney, made such a promise, suggestion, or prediction,
except as noted in the previous sentence, I know that he had no authority to do so. I know that
the sentence I will receive is solely a matter within the control of the Judge. I do understand that
there is no limitation on the information the Judge can consider at the time of sentencing
concerning my background, character, and conduct, provided the information is reliable, 18
U.S. C. § 3661. I do understand that if I am subject to sentencing under the Sentencing Reform
Act and the Sentencing Guidelines issued by the United States Sentencing Commission, a
sentencing guideline range is established. The Judge will consider a sentence from within the
guideline range and, if my case presents features which persuade the Judge to vary from the
guideline range the Judge could impose a sentence either above or below the recommended
guideline range. In determining the guideline range, any variance, and the sentence to impose,
the Court may take into account all relevant criminal conduct, which may include counts to
which I have not pled guilty or been convicted, and take into account background characteristics,
unless otherwise prohibited by law. I further understand that my background characteristics
including, but not limited to, the recency and frequency of my prior criminal record, whether or
not a substantial portion of my income resulted from criminal conduct, my role in the offense,
victim-related circumstances, and my acceptance of responsibility for the offense, may have a
specific effect on the sentence.
I hope to receive leniency, but I am prepared to accept any punishment permitted by law
which the Court sees fit to impose. However, I respectfully request the Court to consider, in
mitigation of punishment, that I have voluntarily entered a plea of guilty.
(17) I understand that a U.S. Probation Officer will be assigned to conduct a thorough
presentence investigation to develop all relevant facts concerning my case unless the Court finds
that there is in the record sufficient information to enable the meaningful exercise of sentencing
authority pursuant to 18 U.S.C. 3553. The report of the Presentence investigation shall contain
the factors set forth in Rule 32. These include the classification of the offense and of the
defendant under the categories established by the Sentencing Commission, the kinds of sentence
available to the Court, and the sentencing range the officer believes is applicable. The report
shall include the history and characteristics of the defendant and such other information required
by the Court recognizing the factors set forth in paragraph (16) above.
3
Case 6:22-cr-10061-JWB Document 29 Filed 07/17/23 Page 4 of 7
(18) My plea of guilty is the result of my plea agreement entered into between
the Government attorney, my attorney, and me.
Since my plea of guilty is the result of a plea agreement, I hereby state that the terms of
said agreement are as follows:
SEE PLEA AGREEMENT ATTACHED HEREWITH
I fully understand that the Court is not bound by the terms of the plea agreement, and
may accept or reject said agreement. If the Court rejects the agreement, I also understand the
Court will not give me the opportunity to withdraw my plea of guilty, unless the plea agreement,
signed by all parties, is executed in accordance with Federal Rules of Criminal Procedure, Rule
1l(c) (1) (A) or Rule 11 (c) (1) (C).
(19) I believe that my lawyer has done all that anyone could do to counsel and assist
me, and I am satisfied with the advice he has given me.
(20) I know that the Court will not permit anyone to plead "GUILTY" who maintains
he/she innocent and, with that in mind, and because I am "GUILTY" and do not believe I am
innocent, I wish to plead "GUILTY" and respectfully request the Court to accept my plea of
"GUILTY" and to have the Clerk enter my plea of"GUILTY" as follows:
Guilty of Count 5 of the Indictment, charging a violation of 18 U.S.C. § 1957, that is,
Money Laundering.
(21) My mind is clear, I am not under the influence of alcohol or drugs, except NI A.
(22) I have never been confined in any institution for the treatment of mental illness. I
have never been adjudicated mentally incompetent. No psychiatrist, physician, or psychologist
has ever found me mentally ill. I know of no reason why my mental competence at the time of
the commission of the alleged offenses, or at the present time, should be questioned. (If there are
any exceptions to the above statement, explain below).
NIA
(23) I offer my plea of "GUILTY" freely and voluntarily, and further state that my
plea of guilty are not the result of any force or threats against me, or of any promises made to me
other than those noted in this petition. I further offer my plea of "GUILTY" with full
understanding of all the matters set forth in the Superseding Indictment and in this petition, and
in the certificate of my attorney which is attached to this petition.
(24) I waive the reading of the Indictment in open court, and I request the Court to
enter my plea of "GUILTY" as set forth in paragraph (20) of this petition.
4
Case 6:22-cr-10061-JWB Document 29 Filed 07/17/23 Page 5 of 7
(25) I swear that I have read, understood, and discussed with my attorney, each and
every part of this Petition to Plead Guilty, and that the answers which appear in every part of this
petition are true and correct.
Signed and Sworn to by me in open court, in the presence of my attorney, this 17th day of
July, 2023.
Subscribed and sworn to before me this 17th day of July, 2023.
SKo-cv~
Deputy Clerk
5
Case 6:22-cr-10061-JWB Document 29 Filed 07/17/23 Page 6 of 7
CERTIFICATE OF COUNSEL
//141 ,'fl¼ _)...,,/4- /:./1><~ ~
The undersigned, as lawyer and counselor for the Defendant, Mark T.is-cf1venirofe1,
hereby certifies:
(1) I have read and fully explained to the Defendant the allegations contained in the
Indictment in this case.
(2) To the best of my knowledge and belief, the statements, representations and
declarations made by the Defendant in the foregoing petition are in all respects accurate and true.
(3) I explained the maximum penalty for each count to the Defendant.
(4) The pleas of "GUILTY" offered by the Defendant in paragraph (20) accord with
my understanding of the facts he related to me and is consistent with my advice to the Defendant.
(5) In my opinion, the Defendant's waiver of reading of the Indictment in open court
as provided by Rule 10 is voluntarily and understandingly made, and I recommend to the Court
that the waiver be accepted.
(6) In my opinion, the plea of "GUILTY" offered by the Defendant in paragraph (20)
of the Petition is voluntarily and understandingly made. I recommend that the Court accept the
plea of "GUILTY" to each Count therein.
(7) I have made no predictions or promises to the Defendant concerning any sentence
the Court may award, except as noted in the space below: NONE, EXCEPT AS SET OUT IN
PARAGRAPH 18 ABOVE.
(8) I further represent to the Court that the Defendant's plea of "GUILTY" are the
result of a plea agreement. The terms of the agreement is set out in paragraph (18) of the
petition, and I have informed the Defendant that the Court is not bound by the terms of the
agreement and that if the Court rejects the agreement, the Court will not give him the opportunity
to withdraw his plea of "GUILTY," unless the plea agreement, signed by all parties, is executed
in accordance with Federal Rules of Criminal Procedure, Rule 1l(e) (1) (A) or Rule 11 (c) (1)
(£&-).
Signed by me in open court in the presence of the Defendant above named and after full
discussion of the contents of this certificate with the Defendant, this 17th day of July, 2023.
Mark T. Schoenhofer #15781
6
Case 6:22-cr-10061-JWB Document 29 Filed 07/17/23 Page 7 of 7
ORDER
I find that the defendant is fully competent and capable of entering a plea of guilty; that
the defendant understands the charge(s); that the defendant's plea of guilty is being made freely,
voluntarily, and because he/she is guilty as charged; that the defendant's guilty plea is not the
result of ignorance, fear, inadve1ience or coercion, and that it is made with full understanding of
the consequences; that the defendant's guilty plea is not the result of any promises (except those
specifically set fo1ih in the plea agreement); and that there exists a factual basis for the plea as
relates to each essential element of the offense(s). Therefore, I accept the defendant's guilty
plea. I will defer my decision on whether to accept the plea agreement until after I have
reviewed the presentence repmi. If I sentence the defendant, the parties may assume that I have
accepted the plea agreement. A presentence investigation is ordered to be made.
Done in open court this 17~ ay o'i3... 'y ,20_23_._ __
OOMES
TES DISTRICT JUDGE
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