United States v. Travis McKenzie — Plea Agreement, Central District of California (Document 41)

Summary

The plea agreement between Travis McKenzie and the United States Attorney's Office for the Central District of California in United States v. Travis McKenzie, No. 2:22-cr-00268-PA, filed June 22, 2022 as Document 41. McKenzie agrees to plead guilty to a three-count information charging mail fraud under 18 U.S.C. § 1341, possession of stolen mail under 18 U.S.C. § 1708 and identity theft under 18 U.S.C. §§ 1028(a) (7), (b) (1) (D), and to make a $1,000 prejudgment payment. The agreement lists a total statutory maximum of 40 years of imprisonment and a fine of $750,000, and states that the parties currently believe restitution is approximately $448,228. The USAO agrees to recommend a sentence no higher than the low end of the Guidelines range and not to prosecute further under 18 U.S.C. § 1028A for the conduct in the factual basis.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors. Page 19 of 19 is not shown because the text could not be recognized reliably.

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Case 2:22-cr-00268-PA Document 41

TRACY L. WILKISON

United States Attorney

BENJAMIN R. BARRON

Assistant United States Attorney

Chief, Santa Ana Branch Office

CHARLES E. PELL (Cal. Bar No.

Assistant United States Attorney

Santa Ana Branch Office
Ronald Reagan Fed. Bldg.
411 West Fourth Street,
Santa Ana, California 92701

Filed 06/22/22

and U.S.
Suite 8000

Page 1of19 Page ID #:117

FILED
CLERK, U.S. DISTRICT COURT

6/22/2022

CENTRAL DISTRICT OF CALIFORNIA
BY: cd DEPUTY

210309)

Courthouse

Telephone: (714) 338-3542
Facsimile: (714) 338-3561
E-mail: charles.e.pell2@usdoj.gov

Attorneys for Plaintiff
UNITED STATES OF AMERICA

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALTFORNIA

UNITED STATES OF AMERICA,
Plaintiff,
v.

TRAVIS McKENZIE,

Defendant.
1, This constitutes the plea
(“defendant”) and the United States

District of California (the “USAO”)

and stolen mail. This agreement is

bind any other federal, state,

No. 2:22-cr-00268-SB

PLEA AGREEMENT FOR DEFENDANT

TRAVIS MCKENZIE

local,

agreement between TRAVIS McKENZIE
Attorney’s Office for the Central
in the investigation of EDD fraud
limited to the USAO and cannot

or foreign prosecuting,

enforcement, administrative, or regulatory authorities.

2. Defendant agrees to:
a. Give up the right to indictment by a grand jury and,

at the earliest opportunity requested by the USAO and provided by the

Court, appear and plead guilty to a

three-count information in the
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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page2of19 Page ID #:118

form attached to this agreement as Exhibit A or a substantially
similar form, which charges defendant with mail fraud in violation of
18 U.S.C. § 1341 (count one), possession of stolen mail in violation
of 18 U.S.C. § 1708 (count two), and identity theft in violation of
18 U.S.C. §§ 1028(a) (7), (b) (1) (D) (count three).

b. Not contest facts agreed to in this agreement.

Cc. Abide by all agreements regarding sentencing contained
in this agreement.

d. Appear for all court appearances, surrender as ordered
for service of sentence, obey all conditions of any bond, and obey
any other ongoing court order in this matter.

e. Not commit any crime; however, offenses that would be
excluded for sentencing purposes under United States Sentencing
Guidelines (“U.S.S.G.” or “Sentencing Guidelines”) § 4Al.2(c) are not
within the scope of this agreement.

f. Be truthful at all times with the United States
Probation and Pretrial Services Office and the Court.

g. Pay the applicable special assessments at or before
the time of sentencing unless defendant has demonstrated a lack of
ability to pay such assessments.

h. At or before the time of sentencing, make a
prejudgment payment by. delivering a certified check or money order to
the Fiscal Clerk of the Court in the amount of $1,000 to be applied
to satisfy defendant’s anticipated criminal debt. Payments may be
made to the Clerk, United States District Court, Fiscal Department,
255 Bast Temple Street, Room 1178, Los Angeles, California 90012.

i. Defendant agrees that any and all criminal debt
ordered by the Court will be due in full and immediately. The

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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page3o0f19 Page ID #:119

government is not precluded from pursuing, in excess of any payment
schedule set by the Court, any and all available remedies by which to
satisfy defendant’s payment of the full financial obligation,
including referral to the Treasury Offset Program.

7}. Complete the Financial Disclosure Statement on a form
provided by the USAO and, within 30 days of defendant’s entry of a
guilty plea, deliver the signed and dated statement, along with all
of the documents requested therein, to the USAO by either email at

usacac.FinLit@usdoj.gov (preferred) or mail to the USAO Financial

Litigation Section at 300 North Los Angeles Street, Suite 7516, Los
Angeles, CA 90012. Defendant agrees that defendant’s ability to pay
criminal debt shall be assessed based on the completed Financial
Disclosure Statement and all required supporting documents, as well
as other relevant information relating to ability to pay.

k. Authorize the USAO to obtain a credit report upon
returning a signed copy of this plea agreement.

1. Consent to the USAO inspecting and copying all of
defendant’s financial documents and financial information held by the
United States Probation and Pretrial Services Office.

THE USAO’S OBLIGATIONS

3. The USAO agrees to:
a. Not contest facts agreed to in this agreement.
b. Abide by all agreements regarding sentencing contained

in this agreement.

Cc. At the time of sentencing, provided that defendant
demonstrates an acceptance of responsibility for the offenses up to
and including the time of sentencing, recommend a two-level reduction
in the applicable Sentencing Guidelines offense level, pursuant to

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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page4of19 Page ID #:120

U.S.S.G. § 3E1.1, and recommend and, if necessary, move for an
additional one-level reduction if available under that section.

d. Recommend that defendant be sentenced to a term of
imprisonment no higher than the low end of the applicable Sentencing
Guidelines range, provided that the offense level used by the Court
to determine that range is 22 or higher and provided that the Court
does not depart downward in offense level or criminal history
category. For purposes of this agreement, the low end of the
Sentencing Guidelines range is that defined by the Sentencing Table
in U.S.S.G. Chapter 5, Part A, without regard to reductions in the
term of imprisonment that may be permissible through the substitution
of community confinement or home detention as a result of the offense
level falling within Zone B or Zone C of the Sentencing Table.

e. Except for criminal tax violations (including
conspiracy to commit such violations chargeable under 18 U.S.C.

§ 371), not further criminally prosecute defendant for violations of
18 U.S.C. § 1028A (aggravated identity theft) arising out of
defendant’s conduct described in the agreed-to factual basis set
forth in paragraph 15 below. Defendant understands that the USAO is
free to criminally prosecute defendant for any other unlawful past
conduct or any unlawful conduct that occurs after the date of this
agreement. Defendant agrees that at the time of sentencing the Court
may consider the uncharged conduct in determining the applicable
Sentencing Guidelines range, the propriety and extent of any
departure from that range, and the sentence to be imposed after
consideration of the Sentencing Guidelines and all other relevant

factors under 18 U.S.C. § 3553(a).
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Case 2:22-cr-00268-PA Document 41 - Filed 06/22/22 Page5of19 Page ID #:121

NATURE OF THE OFFENSES

4. Defendant understands that for defendant to be guilty of
the crime charged in count one of the information, that is, mail
fraud, in violation of Title 18, United States Code, Section 1341,
the following must be true: (1) defendant knowingly participated in a
scheme or plan to defraud, or a scheme or plan for obtaining money or
property by means of false or fraudulent pretenses, representations,
or promises; (2) the statements made or facts omitted as part of the
scheme were material; that is, they had a natural tendency to
influence, or were capable of influencing, a person to part with
money or property; (3) defendant acted with the intent to defraud;
that is, the intent to deceive and cheat; and (4) defendant used, or
caused to be used, the mails to carry out or attempt to carry out an
essential part of the scheme.

5. Defendant understands that for defendant to be guilty of
the crime charged in count two of the information, that is, mail
theft, in violation of Title 18, United States Code, Section 1708,
the following must be true: (1) there was a letter in the mail;

(2) defendant unlawfully possessed the letter; and (3) at the time
the defendant obtained the letter, the defendant intended to deprive
the owner, temporarily or permanently, of its use and benefit.

6. Defendant understands that for defendant to be guilty of
the crime charged in count three of the information, that is,
identity theft, in violation of Title 18, United States Code,
Sections 1028(a)(7) and (b) (1) (D), the following must be true:

(1) defendant knowingly possessed a means of identification of
another person; (2) defendant did so without lawful authority;
(3) defendant intended to commit mail fraud in violation of 18 U.S.C.

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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page6of19 Page ID #:122

§ 1341; and (4) in the course of possession, the means of
identification was transported in the mail. For the higher statutory
maximum of Section 1028(b) (1) (D) to apply, the government must prove
that the offense involved the transfer, possession, or use of 1 or
more means of identification where any individual committed the
offense obtained anything of value aggregating $1,000 or more during
any one year period.

PENALTIES AND RESTITUTION

7. Defendant understands that the statutory maximum sentence
that the Court can impose for a violation of Title 18, United States
Code, Section 1341, is: 20 years’ imprisonment; a three-year period
of supervised release; a fine of $250,000 or twice the gross gain or
gross loss resulting from the offense, whichever is greatest; and a
mandatory special assessment of $100.

8. Defendant understands that the statutory maximum sentence
that the Court can impose for a violation of Title 18, United States
Code, Section 1708, is: 5 years’ imprisonment; a three-year period of
supervised release; a fine of $250,000 or twice the gross gain or
gross loss resulting from the offense, whichever is greatest; and a
mandatory special assessment of $100.

9. Defendant understands that the statutory maximum sentence
that the Court can impose for a violation of Title 18, United States
Code, Section 1028(a) (7), (b)(1)(D), is: 15 years’ imprisonment; a
three-year period of supervised release; a fine of $250,000 or twice
the gross gain or gross loss resulting from the offense, whichever is
greatest; and a mandatory special assessment of $100.

10. Defendant understands, therefore, that the total maximum
sentence for all offenses to which defendant is pleading guilty is:

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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page7of19 Page ID #:123

40 years of imprisonment; a three-year period of supervised release;
a fine of $750,000 or twice the gross gain or gross loss resulting
from the offenses, whichever is greatest; and a mandatory special
assessment of $100.

11. Defendant understands that defendant will be required to
pay full restitution to the victim(s) of the offenses to which
defendant is pleading guilty. Defendant agrees that, in return for
the USAO’s compliance with its obligations under this agreement, the
Court may order restitution to persons other than the victim(s) of
the offenses to which defendant is pleading guilty and in amounts
greater than those alleged in the counts to which defendant is
pleading guilty. In particular, defendant agrees that the Court may
order restitution to any victim of any of the following for any
losses suffered by that victim as a result: any relevant conduct, as
defined in U.S.S.G. § 1B1.3, in connection with the offenses to which
defendant is pleading guilty. The parties currently believe that the
applicable amount of restitution is approximately $448,228, but
recognize and agree that this amount could change based on facts that
come to the attention of the parties prior to sentencing.

12. Defendant understands that supervised release is a period
of time following imprisonment during which defendant will be subject
to various restrictions and requirements. Defendant understands that
if defendant violates one or more of the conditions of any supervised
release imposed, defendant may be returned to prison for all or part
of the term of supervised release authorized by statute for the
offense that resulted in the term of supervised release, which could
result in defendant serving a total term of imprisonment greater than
the statutory maximum stated above.

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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page8of19 Page ID #:124

13. Defendant understands that, by pleading guilty, defendant
may be giving up valuable government benefits and valuable civic
rights, such as the right to vote, the right to possess a firearm,
the right to hold office, and the right to serve on a jury. Defendant
understands that he is pleading guilty to a felony and that it is a
federal crime for a convicted felon to possess a firearm or
ammunition. Defendant understands that the convictions in this case
may also subject defendant to various other collateral consequences,
including but not limited to revocation of probation, parole, or
supervised release in another case and suspension or revocation of a
professional license. Defendant understands that unanticipated
collateral consequences will not serve as grounds to withdraw
defendant’s guilty pleas.

14. Defendant and his counsel have discussed the fact that, and
defendant understands that, if defendant is not a United States
citizen, the convictions in this case makes it practically inevitable
and a virtual certainty that defendant will be removed or deported
from the United States. Defendant may also be denied United States
citizenship and admission to the United States in the future.
Defendant understands that while there may be arguments that
defendant can raise in immigration proceedings to avoid or delay
removal, removal is presumptively mandatory and a virtual certainty
in this case. Defendant further understands that removal and
immigration consequences are the subject of a separate proceeding and
that no one, including his attorney or the Court, can predict to an
absolute certainty the effect of his convictions on his immigration

status. Defendant nevertheless affirms that he wants to plead guilty
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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page9of19 Page ID #:125

regardless of any immigration consequences that his pleas may entail,
even if the consequence is automatic removal from the United States.

FACTUAL BASIS

15. Defendant admits that defendant is, in fact, guilty of the
offenses to which defendant is agreeing to plead guilty. Defendant
and the USAO agree to the statement of facts provided below and agree
that this statement of facts is sufficient to support pleas of guilty
to the charges described in this agreement and to establish the
Sentencing Guidelines factors set forth in paragraph 17 below but is
not meant to be a complete recitation of all facts relevant to the
underlying criminal conduct or all facts known to either party that
relate to that conduct.

Starting in August 2020 and continuing through June 2021, within
the Central District of California, defendant knowingly participated
in a scheme to defraud the California Employment Development
Department (EDD) of more than $500,000 of COVID-related unemployment
funds. While participating in the scheme, defendant acted with the
intent to defraud; that is, the intent to deceive and cheat.

In the fraudulent scheme, defendant and his co-schemers would
apply for unemployment benefits from California EDD using false
statements to qualify, and sometimes using stolen identities.
Defendant would also provide stolen Personally Identifiable
Tnformation (PII) to his co-schemers so they could do fraudulent
applications with EDD. At one point, defendant sent a text message
discussing the number of fraudulent applications that could be done:
“60 apps is 1.8 mil.”

The U.S. mails were used to carry out the fraudulent scheme.
Specifically, based upon the fraudulént applications for EDD

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benefits, California EDD would mail out debit cards and other
correspondence to the addresses listed on the applications. After
California EDD mailed out debit cards or other correspondence to the
addresses listed on those applications, defendant’s co-schemer S.G.
would then intercept and steal that mail and provide some of it to
defendant. On or about December 2, 2020, EDD mailed a debit card in
the name of victim A.J. to an address in Valencia, California, which
resulted from one of the fraudulent EDD applications in the scheme.
During the search of defendant’s residence in May 2021, agents found
more than 10 EDD cards in other people’s names there, including an
envelope with victim A.J.’s debit card. During that same search,
agents found more than 150 pieces of mail from EDD addressed to more
than 50 different names, as well as mail from the Virginia Employment
Commission to several people.

Defendant would use the fraudulently obtained EDD debit cards in
other people’s names to withdraw a total of more than $100,000 in
cash from ATMs and make thousands of dollars in purchases at various
retailers, including purchasing high-end items such as Louis Vuitton
and Prada handbags from luxury retailers Neiman Marcus, the Webster,
and Saks Fifth Avenue. When interviewed by law enforcement,
defendant admitted to using EDD debit cards in other people’s names
to withdraw thousands of dollars in cash from ATMs. During the
search of defendant’s residence and vehicles in May 2021, agents
found receipts totaling more than $11,000 in cash withdrawals using
nine different EDD debit cards, seven of which were also found during
the search, including victim A.J.’s debit card.

Defendant also planned to steal bank checks from the mail. As
part of the scheme, in January 2021, defendant sent a text message to

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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page1ilof19 Page ID #:127

a co-schemer wherein defendant wrote: “Yoo, if:u cN [sic] find me
personal chase checks grab them [] we can be millionaire.”

The parties agree that for purposes of this plea agreement, the
intended loss applicable to defendant’s participation in the mail
fraud scheme is approximately $577,522, and the number of pieces of
stolen mail that defendant possessed is approximately 317.

SENTENCING FACTORS

16. Defendant understands that in determining defendant’s
sentence the Court is required to calculate the applicable Sentencing
Guidelines range and to consider that range, possible departures
under the Sentencing Guidelines, and the other sentencing factors set
forth in 18 U.S.C. § 3553(a). Defendant understands that the
Sentencing Guidelines are advisory only, that defendant cannot have
any expectation of receiving a sentence within the calculated
Sentencing Guidelines range, and that after considering the
Sentencing Guidelines and the other § 3553(a) factors, the Court will
be free to exercise its discretion to impose any sentence it finds
appropriate up to the maximum set by statute for the crimes of
conviction.

17. Defendant and the USAO agree to the following applicable
Sentencing Guidelines factors:

Count one (mail fraud)

Base Offense Level: . 7 U.S.S.G. § 2B1.1(a) (1)
$550k < loss < $1.5mm: +14 U.S.S.G. § 2B1.1(b) (1) (A)
> 10 victims: 42 U.S.S.G. § 2B1.1(b) (2) (A)
Possess >5 means of ID: +2 U.S.S.G. § 2B1.1(b) (11) (C)

Count two (possession of stolen mail)
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Case 2:22-cr-00268-PA Document 41 Filed 06/22/22 Page12o0f19 Page ID #:128

Base Offense Level: 6 U.S.S.G. § 2Bl1.1(a) (2)
$550k < loss < $1.5mm: +14 U.S.S.G. § 2B1.1(b) (1) (H)
> 10 victims: +2 U.S.S.G. § 2B1.1(b) (2) (A)
Possess >5 means of ID: +2 U.S.S.G. § 2B1.1(b) (11) (C)

Count three (ID theft)

Base Offense Level: 6 U.S.S.G. § 2Bl.1(a) (2)
$550k < loss < $1.5mm: +14 U.S.S.G. § 2B1.1(b) (1) (H)
> 10 victims: +2 U.S.S.G. § 2Bl.1(b) (2) (A)
Possess >5 means of ID: +2 U.S.S.G. § 2Bl.1(b) (11) (C)

Defendant and the USAO reserve the right to argue that additional
specific offense characteristics, adjustments, and departures under
the Sentencing Guidelines are appropriate.

18. Defendant understands that there is no agreement as to
defendant’s criminal history or criminal history category.

19. Defendant and the USAO reserve the right to argue for a
sentence outside the sentencing range established by the Sentencing
Guidelines based on the factors set forth in 18 U.S.C. § 3553(a) (1),
(a) (2), (a) (3), (a) (6), and (a) (7).

WAIVER OF CONSTITUTIONAL RIGHTS

20. Defendant understands that by pleading guilty, defendant
gives up the following rights:

a. The right to persist in a plea of not guilty.

b. . The right to a speedy and public trial by jury.

c. The right to be represented by counsel -- and if
necessary have the Court appoint counsel -- at trial. Defendant
understands, however, that, defendant retains the right to be
represented by counsel -- and if necessary have the Court appoint
counsel -- at every other stage of the proceeding.

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d. The right to be presumed innocent and to have the
burden of proof placed on the government to prove defendant guilty
beyond a reasonable doubt.

e. The right to confront and cross-examine witnesses
against defendant.

£. The right to testify and to present evidence in
opposition to the charges, including the right to compel the
attendance of witnesses to testify.

g. The right not to be compelled to testify, and, if
defendant chose not to testify or present evidence, to have that
choice not be used against defendant.

h. Any and all rights to pursue any affirmative defenses,
Fourth Amendment or Fifth Amendment claims, and other pretrial
motions that have been filed or could be filed.

WAIVER OF APPEAL OF CONVICTIONS

21. Defendant understands that, with the exception of an appeal
based on a claim that defendant’s guilty pleas were involuntary, by
pleading guilty defendant is waiving and giving up any right to
appeal defendant’s convictions on the offenses to which defendant is
pleading guilty. Defendant understands that this waiver includes,
but is not Limited to, arguments that the statutes to which defendant
is pleading guilty is unconstitutional, and any and all claims that
the statement of facts provided herein is insufficient to support
defendant’s pleas of guilty.

WAIVER OF APPEAL AND COLLATERAL ATTACK

22. Defendant gives up the right to appeal all of the
following: (a) the procedures and calculations used to determine and
impose any portion of the sentence; (b) the term of imprisonment

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imposed by the Court, including, to the extent permitted by law, the
constitutionality or legality of defendant’s sentence, provided it is
within the statutory maximum; (c) the fine imposed by the Court,
provided it is within the statutory maximum; (d) the amount and terms
of any restitution order, provided it requires payment of no more
than $750,000; (e) the term of probation or supervised release
imposed by the Court, provided it is within the statutory maximum;
and (f) any of the following conditions of probation or supervised
release imposed by the Court: the conditions set forth in Second
Amended General Order 20-04 of this Court; the drug testing
conditions mandated by 18 U.S.C. §§ 3563(a) (5) and 3583(d); and the
alcohol and drug use conditions authorized by 18 U.S.C. § 3563(b) (7).

23. Defendant also gives up any right to bring a post-
conviction collateral attack on the convictions or sentence,
including any order of restitution, except a post-conviction
collateral attack based on a claim of ineffective assistance of
counsel, a claim of newly discovered evidence, or an explicitly
retroactive change in the applicable Sentencing Guidelines,
sentencing statutes, or statutes of conviction. Defendant
understands that this waiver includes, but is not limited to,
arguments that the statutes to which defendant is pleading guilty are
unconstitutional, and any and all claims that the statement of facts
provided herein is insufficient to support defendant’s pleas of
guilty.

24. This agreement does not affect in any way the right of the
USAO to appeal the sentence imposed by the Court.

RESULT OF WITHDRAWAL OF GUILTY PLEA

25. Defendant agrees that if, after entering guilty pleas

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pursuant to this agreement, defendant seeks to withdraw and succeeds
in withdrawing defendant’s guilty pleas on any basis other than a
claim and finding that entry into this plea agreement was
involuntary, then the USAO will be relieved of all of its obligations
under this agreement.

EFFECTIVE DATE OF AGREEMENT

26. This agreement is effective upon signature and execution of
all required certifications by defendant, defendant’s counsel, and an
Assistant United States Attorney.

BREACH OF AGREEMENT

27. Defendant agrees that if defendant, at any time after the
signature of this agreement and execution of all required
certifications by defendant, defendant’s counsel, and an Assistant
United States Attorney, knowingly violates or fails to perform any of
defendant’s obligations under this agreement (“a breach”), the USAO
may declare this agreement breached. All of defendant’s obligations
are material, a single breach of this agreement is sufficient for the
USAO to declare a breach, and defendant shall not be deemed to have
cured a breach without the express agreement of the USAO in writing.
Tf the USAO declares this agreement breached, and the Court finds
such a breach to have occurred, then: (a) if defendant has previously
entered guilty pleas pursuant to this agreement, defendant will not
be able to withdraw the guilty pleas, and (b) the USAO will be
relieved of all its obligations under this agreement.

COURT AND UNITED STATES .PROBATION AND PRETRIAL SERVICES

OFFICE NOT PARTIES

28. Defendant understands that the Court and the United States
Probation and Pretrial Services Office are not parties to this

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agreement and need not accept any of the USAO’s sentencing
recommendations or the parties’ agreements to facts or sentencing
factors.

29. Defendant understands that both defendant and the USAO are
free to: (a) supplement the facts by supplying relevant information
to the United States Probation and Pretrial Services Office and the
Court, (b) correct any and all factual misstatements relating to the
Court’s Sentencing Guidelines calculations and determination of
sentence, and (c) argue on appeal and collateral review that the
Court’s Sentencing Guidelines calculations and the sentence it
chooses to impose are not error, although each party agrees to
maintain its view that the calculations in paragraph 17 are
consistent with the facts of this case. While this paragraph permits
both the USAO and defendant to submit full and complete factual
information to the United States Probation and Pretrial Services
Office and the Court, even if that factual information may be viewed
as inconsistent with the facts agreed to in this agreement, this
paragraph does not affect defendant’s and the USAO’s obligations not
to contest the facts agreed to in this agreement.

30. Defendant understands that even if the Court ignores any
sentencing recommendation, finds facts or reaches conclusions
different from those agreed to, and/or imposes any sentence up to the
maximum established by statute, defendant cannot, for that reason,
withdraw defendant’s guilty pleas, and defendant will remain bound to
fulfill all defendant’s obligations under this agreement. Defendant
understands that no one -- not the prosecutor, defendant’s attorney,
or the Court -- can make a binding prediction or promise regarding
the sentence defendant will receive, except that it will be within

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the statutory maximum.

NO ADDITIONAL AGREEMENTS

31. Defendant understands that, except as set forth herein,
there are no promises, understandings, or agreements between the USAO
and defendant ot defendant’s attorney, and that no additional
promise, understanding, or agreement may be entered into unless in a
writing signed by all parties or on the record in court.

PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING

32. The parties agree that this agreement will be considered
part of the record of defendant’s guilty plea hearing as if the
entire agreement had been read into the record of the proceeding.
AGREED AND ACCEPTED
UNITED STATES ATTORNEY'S OFFICE
FOR THE CENTRAL DISTRICT OF
CALIFORNIA

TRACY GL. WILKISON
United States Attorney

CHACLZS Pell 4» pu. 6 [a [rr

‘CHARLES BE. PELL e Date

Asgistant United States Attorney

TRAVIS MCKENZIE Date

Defendant

CARLOS L ea Date

TRAVIS McKENZIE

CERTIFICATION OF DEFENDANT

I have read this agreement in its entirety. I Have had enough
time to review and consider this agreement, and I have carefully and
thoroughly discussed every part of it with my attorney. I understand
the terms of this agreement, and I voluntarily agree to those terms.

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I have discussed the evidence with my attorney, and my attorney has
advised me of my rights, of possible pretrial motions that might be
filed, of possible defenses that might be asserted either prior to or
at trial, of the sentencing factors set forth in 18 U,S.c. § 3553 (a),
of relevant Sentencing Guidelines provisions, and of the consequences
of entering into this agreement. No promises, inducements, of
representations of any kind have been made to mé other than those
contained in this agreement. No one has threatened or forced me in
any way to enter into this agreement. I am satisfied with the
representation of my attorney in this matter, and I am pleading
guilty because I am guilty of the charges and wish to take advantage

of the promises set forth in this agreement, and not for any other

reason.

dro VB WWE VE 06/2/22,
TRAVIS McKENZTE Date
Defendant

CERTIFICATION OF DEFENDANT’S ATTORNEY

IT am TRAVIS McKENZIE’S attorney. I have carefully and
thoroughly discussed every part of this agreement with my client.
Further, I have fully advised my client of his rights, of possible
pretrial motions that might be filed, of possible defenses that might
be asserted either prior to or at trial, of the senténcing factors
set forth in 18 U.S.C. § 3553(a), of relevant Sentencing Guidelines
provisions, and of the consequences of entering into this agreement.

To my knowledge: no promises, inducements, or representations of any

kind have beén made to my client other than those contained in this

agreement; no onde has threatened or forced my client in any way to

18


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