Plea Agreement — United States of America v. Caleb Brown, Criminal Case No. CR 20-75 MSM LDA (Dkt. 21, D.R.I.)

Summary

In this plea agreement under Rule 11(c)(1)(C), dated 9-2-2020 in United States v. Caleb Brown, Criminal Case No. CR 20-75 MSM LDA (D.R.I.), Caleb Brown agrees to waive presentation to a grand jury and plead guilty to a one-count Information charging travel in interstate commerce for the purpose of engaging in illicit sexual contact with a minor, in violation of 18 U.S.C. § 2423(b). The parties will recommend a term of 60 months incarceration, which the Court will impose if it accepts the agreement. In exchange the government will not bring charges for the production of child pornography or the enticement of a minor based on the offense conduct, which carry mandatory minimum sentences of 15 and 10 years. The maximum penalties are 30 years imprisonment, a $250,000 fine and supervised release of life, and the defendant must register as a sex offender.

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UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

UNITED STATES OF AMERICA

Criminal Case No. CR 20-75 MSM LDA

CALEB BROWN,
Defendant.

PLEA AGREEMENT

Pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure, the
United States and Defendant, Caleb Brown, have reached the following agreement:
1. Defendant's Obligations.

a. Defendant will waive presentation of this matter to a grand jury and
consent to the filing of a one-count Information charging him with traveling in interstate
commerce for the purpose of engaging in illicit sexual contact with a minor, in violation
of 18 U.S.C. § 2423(b). Defendant agrees that Defendant will plead guilty to said
Information.

Defendant further agrees that the time between the filing of this plea
agreement and the scheduled date for the change of plea is excludable under the Speedy

Trial Act, 18 U.S.C. § 3161.
Ds Government's Obligations. In exchange for Defendant's plea of guilty:

a. The United States and Defendant will recommend to the Court, as a
reasonable sentence, that Defendant be sentenced to a term of incarceration of 60 months
incarceration. The parties understand that if this plea agreement is accepted by the Court,
the Court will impose a sentence of 60 months incarceration. Defendant is aware that his
sentence is within the sound discretion of the Court. Defendant further understands that
under Rule 11(c)(1)(C), the Court may accept or reject the plea agreement, or may defer
its decision as to its acceptance or rejection until it has considered the presentence report.
If the Court rejects the plea agreement, the Court shall, on the record, inform the parties
of this fact, and afford Defendant an opportunity to withdraw the guilty plea, and advise
Defendant that if Defendant persists in a guilty plea, the disposition of the case may be
less favorable to Defendant than that contemplated in the plea agreement. In addition, as
part of the terms and conditions of this plea agreement, the parties agree that should the
Court reject the plea agreement, the United States reserves its right to withdraw from its
obligations under the same.

b. For purposes of determining the offense level, the government agrees to
recommend a two-level reduction in the offense level for acceptance of responsibility
under § 3E1.1(a) of the guidelines if Defendant continues to demonstrate acceptance of

responsibility through sentencing.
c. As of the date of this agreement, Defendant has timely notified
authorities of an intention to enter a plea of guilty. If the offense level is 16 or greater and
Defendant enters a plea of guilty pursuant to this agreement, the government will move
the sentencing Court for an additional decrease of one level, pursuant to U.S.S.G. §
3E1.1(b), unless Defendant indicates an intention not to enter a plea of guilty, thereby
requiring the government to prepare for trial.

d. The government is free to recommend any combination of supervised
release, fines, and restitution which it deems appropriate.

e. If Defendant pleads guilty pursuant to this plea agreement, the
government will not bring any charges for the production of child pornography or the
enticement of a minor to engage in sexual activity, in violation of 18 U.S.C. §§ 2251(a) and
2422(b), based on the offense conduct in this case. Defendant understands that such
charges could expose Defendant to greater penalties, to wit mandatory minimum
sentences of 15 and 10 years imprisonment, respectively.

3 Defendant understands that the guidelines are not binding on the Court,
and that, although the Court must consult the guidelines in fashioning any sentence in
this case, the guidelines are only advisory, and the Court may impose any reasonable
sentence in this matter up to the statutory maximum penalties after taking into account

the factors enumerated in 18 U.S.C. § 3553(a).
4. Except as expressly provided in the preceding paragraph, there is no
agreement as to which Offense Level and Criminal History Category applies in this case.
Both the United States and Defendant reserve their rights to argue and present evidence
on all matters affecting the guidelines calculation.

5. The maximum statutory penalties for the offense to which Defendant is
pleading are: 30 years imprisonment; a fine of $250,000; a term of supervised release of
life; a mandatory special assessment of $100; and a $5,000 additional special assessment
(per 18 U.S.C. § 3014(a)).

6. Defendant agrees that, after Defendant and Defendant's counsel sign this
plea agreement, counsel will return it to the United States Attorney's Office along with a
money order or certified check, payable to the Clerk, United States District Court, in
payment of the special assessments. Failure to do so, unless the Court has made a
previous finding of indigence, will relieve the government of its obligation to
recommend a reduction in the offense level under the guidelines for acceptance of
responsibility.

7. Defendant is advised and understands that:

a. The government has the right, in a prosecution for perjury or making a
false statement, to use against Defendant any statement that Defendant gives under oath;
b. Defendant has the right to plead not guilty, or having already so

pleaded, to persist in that plea;
c. Defendant has the right to a jury trial;

d. Defendant has the right to be represented by counsel - and if necessary
have the Court appoint counsel - at trial and every other stage of the proceeding;

e. Defendant has the right at trial to confront and cross-examine adverse
witnesses, to be protected from self-incrimination, to testify and present evidence, and to
compel the attendance of witnesses; and

f. Defendant waives these trial rights if the Court accepts a plea of guilty.

g. Defendant recognizes that pleading guilty may have consequences with
respect to his immigration status if he is not a citizen of the United States. Under federal
law, a broad range of crimes are removable or deportable offenses. Likewise, if defendant
is a naturalized citizen of the United States, pleading guilty may result in
denaturalization as well as removal and deportation. Removal, deportation,
denaturalization, and other immigration consequences are the subject of separate
proceedings, however, and defendant understands that no one, including his attorney or
the district court, can predict to a certainty the effect of his conviction on his immigration
status. Defendant nevertheless affirms that he wants to plead guilty regardless of any
immigration consequences that his plea may entail, even if the consequence is his
removal or deportation from the United States or his denaturalization.

h. Defendant understands that by pleading guilty, defendant will be
required to register as a sex offender upon his release from prison as a condition of

supervised release pursuant to 18 U.S.C. § 3583(d). Defendant also understands that
independent of supervised release, he will be subject to federal and state sex offender
registration requirements, and that those requirements may apply throughout his life.
Defendant understands that he shall keep his registration current, shall notify the state
sex offender registration agency or agencies of any changes to defendant’s name, place of
residence, employment, or student status, or other relevant information. Defendant shall
comply with requirements to periodically verify in person his sex offender registration
information. Defendant understands that he will be subject to possible federal and state
penalties for failure to comply with any such sex offender registration requirements.
Defendant further understands that, under 18 U.S.C. § 4042(c), notice will be provided to
certain law enforcement agencies upon his release from confinement following
conviction.

8. The government reserves its full right of allocution, including the right to
present any information to the Court for its consideration in fashioning an appropriate
sentence, the right to correct misstatements, misrepresentations, or omissions by
Defendant, and to answer any questions asked by the Court.

a. Except for paragraph 2, above, the parties have made no agreement
concerning the application of the guidelines in this case.

10. Defendant understands that the Court alone makes all sentencing decisions,
including the application of the guidelines and the sentence to be imposed. The Court is
not bound by the parties’ stipulations of fact, offense level adjustments, or the

government's recommendations. The Court is free to impose any sentence it deems
appropriate up to and including the statutory maximum. Defendant also understands
that even if the Court's guideline determinations and sentence are different than
Defendant expects, Defendant will not be allowed to withdraw Defendant's plea of
guilty.

11. Defendant hereby waives Defendant's right to appeal the convictions and
sentences imposed by the Court, if the sentence imposed by the Court is 5 years of
imprisonment. This agreement does not affect the rights or obligations of the United
States as set forth in 18 U.S.C. § 3742(b), and the government retains its right to appeal
any of the Court’s sentencing determinations.

12. ‘This agreement is binding on the government only if Defendant pleads
guilty, fulfills all Defendant's obligations under the agreement, does not engage in any
conduct constituting obstruction of justice under § 3C1.1 of the guidelines, and does not
commit any new offenses. Defendant understands that if Defendant violates this
agreement in any way, the government shall be released from its obligations under the
agreement and will be free to make any recommendations that it deems appropriate. If
that occurs, Defendant shall not have the right to withdraw Defendant’s guilty plea.

13. This agreement is limited to the District of Rhode Island and does not bind
any other federal, state, or local prosecutive authorities.

14. ‘This agreement constitutes the entire agreement between the parties. No
other promises or inducements have been made concerning the plea in this case.

Defendant acknowledges that no person has, directly or indirectly, threatened or coerced
Defendant to enter this agreement. Any additions, deletions, or modifications to this

agreement must be made in writing and signed by all the parties in order to be effective.

15. Counsel for Defendant states that Counsel has read this agreement, been

given a copy of it for Counsel’s file, explained it to Defendant, and states that to the best

of Counsel’s knowledge and belief, Defendant understands the agreement.

16. | Defendant states that Defendant has read the agreement or has had it read

to Defendant, has discussed it with Defendant's Counsel, understands it, and agrees to its

provisions.

/s/ Caleb Brown

CALEB BROWN
Defendant

/s/ Kevin J. Fitzgerald

KEVIN FITZGERALD, ESO.
Counsel for Defendant

LEE H. VILKER

Assistant U.S. Attorney
Beputy Chief, Criminal Division

9-2-2020

Date

9-2-2020

Date

9/2/2020

Date

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