Case 4:06-cr-00182-BAE-GRS Document 67 Filed 04/09/07 Page 1 of 17

Minimum Mandatory Yes (Count 8)
Rule 35/5K1 .1 Yes
Appeal Waiver No
Other Yes (§ 1 .b.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH D IVISION

UNITED STATES OF AMERICA
V.

CASE NO. CR 406-1871 1

WILLIAM ALLEN MCCABE,
Defendant .
SUMMARY OF PLEA AGREEMENT
[This summary of the plea agreement is for the convenience of the Court, and does not constitute
a part of the body of the agreement itself, which follows in full hereafter .]

DEFENSE COUNSEL : WILLIAM BELL, II I

STATUTES CHARGED :
COUNT 1 : 18 U.S .C. § 2252A( a)(5)(B)
Possession of Child Pornography
COUNT 2 : 18 U.S.C. § 1001
False Statement s

COUNT 3 : 18 U.S.C. § 1512(b)(3)
Witness Tamperin g
COUNT 4 : 18 U.S.C. § 2422(b)
Enticement of a Minor to Engage in Illegal Sexual Activit y
COUNT 5 : 18 U .S.C. § 2423(a)
Transportation of a Minor with Intent to Engage in
Criminal Sexual Activity

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COUNT 6 : 18 U.S .C. § 2423(b )
Travel with Intent to Engage in Illicit Sexual Conduc t

COUNTS 7-9 : 18 U.S.C . § 225 1
Sexual Exploitation of Children
COUNTS 10-19 : 18 U .S .C . § 2252A(a)(1 )
Transporting or Shipping Child Pornograph y

COUNTS PLEADING TO :
COUNT 2 : 18 U .S .C. § 2001
False Statement s

COUNT 8 : 18 U.S.C. § 225 1
Sexual Exploitation of Children

PENALTIES :

COUNT 2 : 18 U .S.C . § 2001
False Statement s

NOT MORE THAN FIVE (5) YEARS IMPRISONMENT ; NOT MORE THAN A
$250,000 FINE ; NOT MORE THAN THREE (3) YEARS SUPERVISED RELEASE ;
AND A $100 SPECIAL ASSESSMENT (PER COUNT) .

COUNT 8 : 18 U .S.C. § 225 1
Sexual Exploitation of Children
IMPRISONMENT FOR NOT LESS THAN FIFTEEN (15) NOR MORE THAN
THIRTY (30) YEARS OR A F INE OF $250,000, OR BOTH ; A SPECIAL
ASSESSMENT OF $100 ; AND A PERIOD OF SUPERVISED RELEASE OF ANY
YEARS TO LIFE .

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ELEMENTS OF OFFENSES :
COUNT 2 : 18 U.S .C. § 1001
False Statement s
1 . That the Defendant made a false, fraudulent or fictitious statement or
representation ;
2 . About a material matter ; and
3 . Where that matter was within the jurisdiction of an agency of the United States.

COUNT 8 : 18 U .S .C. § 225 1
Sexual Exploitation of Children
1 . That the Defendant knowingly and willfully used a minor person to engage in
sexually explicit conduct ;
2. for the purpose of producing visual depictions of such conduct ; an d
3 . where such visual depictions were transported in interstate commerce via
computer .

SUMMARY OF GOVERNMENT'S PROMISES :
a . Will dismiss the remaining counts of the Indictment (Counts 1, 3-7, 9-19) ;
b . Will reserve the right to move for any sentencing enhancements applicable under
the Advisory Sentencing Guidelines (see § 1 .b.);
c . Will make no recommendation as to a particular sentence within the guideline
range called for under the Sentencing Guidelines ;
d. Will make no objection to Defendant receiving a reduction in his sentencing level
for acceptance of responsibility ; and where applicable, will file a motion for an
additional 1-point reduction for acceptance of responsibility (see paragraph 1c) ;
and
e. Will advise the Court of the extent and value of any information, cooperation, or
assistance in the investigation and prosecution of others provided by the
defendant, and to consider whether such cooperation qualifies as "substantial

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assistance " pursuant to 18 U .S.C. §3553(e) and U.S.S.G. §5K1 .1 or Fed. R. Crim .
Pro . 35.
SUMMARY OF DEFENDANT' S PROMISES :
a. Will plead guilty to Counts 2 and 8 of the Indictment ; and
b . Will cooperate truthfully and completely at all times .

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISIO N
UNITED STATES OF AMERICA

CASE NO. CR 406-182

V.
WILLIAM ALLEN MCCABLE,
Defendant.

PLEA AGREEMENT
DEFENDANT'S NAME : WILLIAM ALLEN MCCABE
DEFENSE COUNSEL : WILLIAM BELL, III
ASSISTANT U.S . ATTORNEY : STEPHEN K . MARSH

STATUTES CHARGED :
COUNT 1 :

18 U .S .C . § 2252A( a)(5)(B)
Possession of Child Pornography

COUNT 2 :

18 U .S .C. § 1001
False Statements

COUNT 3 :

18 U .S .C . § 1512(b)(3)
Witness Tampering

COUNT 4 :

18 U .S .C . § 2422(b )
Enticement of a Minor to Engage in Illegal Sexual Activity

COUNT 5 :

18 U .S .C . § 2423(a)
Transportation of a Minor with Intent to Engage in
Criminal Sexual Activity

COUNT 6 : 18 U .S.C . § 2423(b )
Travel with Intent to Engage in Illicit Sexual Conduc t
COUNTS 7-9 : 18 U.S .C . § 225 1
Sexual Exploitation of Children

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Case 4:06-cr-00182-BAE-GRS Document 67 Filed 04/09/07 Page 6 of 17

COUNTS 10-19 : 18 U .S .C . § 2252A(a)(1 )
Transporting or Shipping Child Po rnography

COUNTS PLEADING TO :
COUNT 2 : 18 U.S .C. § 2001
False Statement s

COUNT 8 : 18 U.S .C. § 225 1
Sexual Exploitation of Children

PENALTIES :
COUNT 2 : 18 U .S .C. § 2001
False Statements
NOT MORE THAN FIVE (5) YEARS IMPRISONMENT ; NOT MORE THAN A $250,000
FINE ; NOT MORE THAN THREE (3) YEARS SUPERVISED RELEASE ; AND A $100
SPECIAL ASSESSMENT (PER COUNT) .

COUNT 8 : 18 U .S .C . § 225 1
Sexual Exploitation of Childre n
IMPRISONMENT FOR NOT LESS THAN FIFTEEN (15) NOR MORE THAN THIRTY
(30) YEARS OR A FINE OF $250,000, OR BOTH ; A SPECIAL ASSESSMENT OF $100 ;
AND A PERIOD OF SUPERVISED RELEASE OF ANY YEARS TO LIFE .
ELEMENTS OF OFFENSES :
COUNT 2 : 18 U.S.C. § 1001
False Statement s
1 . That the Defendant made a false, fraudulent or fictitious statement or representation ;
2. About a material matter ; and
3 . Where that matter was within the jurisdiction of an agency of the United States .

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COUNT 8 : 18 U .S .C . § 225 1
Sexual Exploitation of Children
1 . That the Defendant knowingly and willfully used a minor person to engage in
sexually explicit conduct ;
2. for the purpose of producing visual depictions of such conduct ; and
3. where such visual depictions were transported in interstate commerce via computer.

PLEA AGREEMENT
Stephen K. Marsh, Assistant United States Attorney, and William Bell, III, attorney
for the defendant, pursuant to the provisions of Rule 11, Federal Rules of Criminal Procedure, as
amended, have, with the authorization of the undersigned defendant, heretofore entered into
discussions with a view towards reaching a pretrial conclusion of the charges pending in the
Indictment styled above, and a Plea Agreement has been reached by said parties in the following
respects :

GOVERNMENT OBLIGATION S
1 . Upon the defendant's entry of a plea of guilty to the offense charged in Counts 2
and 8 of the Indictment, his full compliance with all promises made hereinafter as a part of this
agreement, and his adherence to all representations and understandings recited hereinafter, the
attorney for the government will do the following :
a. Will move to dismiss all other counts of the Indictment against the
Defendant . Upon sentencing of the Defendant, Counts 1, 3-7, and 9-19 of the Indictment shall be
dismissed without further motion of the United States Attorney ;
b. Will reserve the right to move for any sentencing enhancements deeme d
3

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applicable under the Advisory Sentencing Guidelines, including enhancements related to dismissed
counts or any other conduct that qualifies as "relevant conduct" under U .S.S.G . § 1B1 .3.
c. Will make no re commendation as to a specific sentence within the
defendant's Sentencing Guidelines range ; however, the Government reserves the right to inform the
Court and the United States Probation Office of any and all the facts and to make any
recommendations or arguments deemed appropriate regarding the application of the Guidelines ;
d . Will not object to a recommendation from the probation officer that the
defendant receive a 2-point reduction for acceptance of responsibility under the provisions of
Chapter Three, Part E of the Sentencing Guidelines, and where applicable under the U .S.S .G.
§ 3E1 .1(b), will file a motion for an additional 1-point reduction for acceptance of responsibility,
provided the defendant truthfully admits the conduct comprising the offense of conviction, has fully
complied with the terms of pretrial release, if applicable, has not engaged in criminal conduct
subsequent to arrest or initial appearance in this matter, and truthfully admits or does not falsely deny
any additional relevant conduct for which the defendant is accountable under the United States
Sentencing Guidelines ; and
e. Will advise the Court of the extent and value of any information, cooperation,
or assistance in the investigation and prosecution of others provided by the defendant, and to
consider whether such cooperation qualifies as "substantial assistance" pursuant to 18 U.S .C .
§3553(e) and U .S .S .G . §5K1 .1 or Fed. R. Crim . Pro. 35 .
If the defendant's cooperation is completed prior to sentencing, the government
agrees to consider whether such cooperation qualifies as "substantial assistance" pursuant to
18 U.S.C. §3553(e) and U.S.S.G. §5K1 .1 and under the policies of the United States Attorney' s

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Office for the Southern District of Georgia warrants the filing of a motion for downward departure
from the applicable sentencing guideline range and departure below any applicable statutory
mandatory minimum sentence . Ifthe defendant's cooperation is completed or likely to be completed
subsequent to sentencing, the government agrees to consider whether such cooperation qualifies as
"substantial assistance" pursuant to 18 U .S .C . §3553(e) and Rule 35, Fed . R. Crim . Pro. and under
the policies of the United States Attorney's Office for the Southern District of Georgia warrants the
filing of a motion for downward departure from the applicable sentencing guideline range and
departure below any applicable statutory mandatory minimum sentence, within one year of the
imposition of sentence.
In either case, the defendant understands that the determination as to whether the
defendant has provided "substantial assistance" rests solely with the government . If the government
files a motion for downward departure pursuant to this agreement, the government reserves the right
to either take no position as to the appropriate amount of departure and defer entirely to the Court,
or, in its discretion, to make any recommendation it deems appropriate respecting the degree of
departure.
The defendant fully understands that whether or not the sentencing court
decides to depart downward below a guideline range or statutory minimum sentence, or
reduce the defendant's sentence, as well as the extent of any such downward departure or
reduction, is completely within the sentencing court's discretion, and that the Court is not
bound to accept any recommendation by the government .

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OBLIGATIONS OF THE DEFENDANT
2 . THE DEFENDANT AGREES:
a. To plead guilty to Counts 2 and 8 of the Indictment ; and
b. To cooperate truthfully and completely at all times .

3.

The Defendant also understands that the Court is obligated to consider

the Federal Sentencing Guidelines in determining its sentence and that, after reviewing those
Guidelines, the Court may impose a sentence in conformity with those Guidelines .

4. DEFENDANT'S REPRESENTATIONS TO THE COURT AND FURTHER
OBLIGATIONS UNDER THIS AGREEMENT
a. FACTUAL BASIS FOR OFFENSE CONDUC T
The defendant understands that Count 2 of the Indictment charges that on March 27, 2006,
in Effingham County, in the Southern District of Georgia, the Defendant, WILLIAM ALLEN
MCCABE, in a matter within the jurisdiction of the Federal Bureau of Investigation, an agency of
the United States , did knowingly and willfully make a false statement and representation, that is,
representing to Special Agent Josh Hayes that the only minor female students associated with
Savannah Metro Gymnastics ("SMG") he contacted via the internet or electronic mail were M .G.
and C .C ., when in truth Defendant then knew that he had contacted other female students associated
with SMG via the internet or electronic mail, including K .R., C .K., and M.K. Defendant understands
that his guilty plea to Count 2 of the Indictment constitutes proof as to that count .

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The defendant further understands that Count 8 of the Indictment charges that on date
unknown to the grand jury, but at some point after January 2003, in Effingham County, in the
Southern District of Georgia, the Defendant, WILLIAM ALLEN MCCABE, did knowingly and
willfully use a minor person, "C .C .," who had not attained the age of eighteen, to engage in sexually
explicit conduct, specifically, the lascivious exhibition of the genitals and the pubic area of C .C ., for
the purpose of producing visual depictions of such conduct, such visual depictions having actually
been saved on defendant's computer under the file names "Car hotttt .mov," "Cc_20beautyjpg,"
"Cc_20close_20hot .jpg," "Cc_20strip_202 .jpg, "Cc_2520awesome_2 .jpg," and
"Cc_2520perfect-2 .jpg," files which were transported by computer in interstate commerce .
Defendant further acknowledges that these images were produced at some point after January 1,
2005, and in any event, well after April 30, 2003 . Defendant understands that his guilty plea to
Count 8 of the Indictment constitutes proof as to that count .
The defendant understands and agrees that nothing in this agreement shall
abrogate the duty and right of the government to bring all sentencing facts to the attention of the
sentencing court, and the defendant further agrees that the government shall not be bound to make
any recommendation under this agreement if to do so would directly contradict facts relevant to the
offense conduct or the defendant's prior conduct or criminal history, which first come to the attention
of the government, or are confirmed as true, only after the signing of this agreement .
The defendant understands that the Court is not a party to this agreement, that the
government can only make recommendations which are not binding on the Court, and that after the
entry of the defendant's guilty plea, the defendant has no absolute right to withdraw the plea . Thus,
the Court is free to impose any sentence authorized by law up to the statutory maximum sentence .
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The defendant further advises the Court that the defendant understands that
the U. S. Probation Office will prepare a presentence investigation report for the Court, and
that the U .S. Probation Office will consider all of defendant 's conduct related to the offense
to which he is pleading, including conduct related to dismissed counts , as well as the
defendant 's criminal history, and that these facts will be considered by the Court in
determining the defendant 's sentence. The defendant understands that the offense level and
criminal history category determined by the United States Probation Office and the Court may differ
from that estimated or projected by defendant's counsel or the United States Attorney .
The defendant advises the Court that the defendant understands that if the
relevant conduct, guideline sentencing range, or sentence imposed by the Court is more or
greater than the defendant expected or, in the case of relevant conduct , is found to be more
extensive than the defendant has admitted to, the defendant will still have no absolute right
to withdraw his guilty plea .

b. FINES, ASSESSMENTS, and RESTITUTIO N
The defendant understands that any assessments imposed pursuant to 18 U.S.C § 3013 by
the Court at sentencing must be paid on the date of sentencing.
The defendant understands that if a fine or restitution is imposed by the Court at sentencing,
the defendant shall meet with a member of the Debt Collection Unit of the United States Attorney's
Office on the day of sentencing and complete a written personal financial statement setting forth the
defendant's assets and liabilities . The defendant further understands that by completing the financial
statement, the defendant is representing that it is true and accurate to the best of the defendant' s
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information , knowledge and belief, and agrees to make an honest , good faith effort to pay said fine
or restitution as directed by the financial litigation section of the United States Attorney's Office .

c. FOIA AND PRIVACY ACT WAIVE R
The defendant retains all discovery rights to documents pertaining to the investigation and
prosecution of this case as may by law apply to any post-conviction litigation as to which the right
to proceed has not otherwise been waived or relinquished by the defendant in this agreement or
otherwise ; HOWEVER, notwithstanding any right on the part of the defendant to post-conviction
litigation, the defendant, as a part of this agreement and in consideration of the promises being made
the government hereunder, waives all rights, whether asserted directly or by a representative, to
request or receive from any department or agency of the United States any record pertaining to the
investigation or prosecution of this case under the authority of the Freedom of Information Act, 5
U.S.C. § 552, or the Privacy Act of 1974, 5 U .S .C . § 552a, and all subsequent amendments thereto .

5 . DEFENDANT'S FURTHER REPRESENTATIONS TO THE COURT :
a . The defendant represents to the Court that the defendant has had the services of an
attorney the defendant believes to be competent ; that the defendant has met with said attorney on a
sufficient number of occasions and for a sufficient period of time to discuss the defendant's case and
receive advice ; that the defendant has been truthful with his attorney and related all information of
which the defendant is aware pertaining to the case ; that the defendant and defendant's attorney have
discussed possible defenses, if any, to the charges in the Indictment, including the existence of any
exculpatory or favorable evidence or witnesses, discussed the defendant's right to a public trial by
jury or by the Court, the right to the assistance of counsel throughout the proceedings, the right t o

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•

call witnesses in the defendant's behalf and compel their attendance at trial by subpoena, the right
to confront and cross-examine the government's witnesses, the defendant's right to testify in the
defendant's own behalf, or to remain silent and have no adverse inferences drawn from the
defendant's silence ; and that the defendant, with the advice of counsel, has weighed the relative
benefits of a trial by jury or by the Court versus a plea of guilty pursuant to this Agreement, and has
entered this Agreement as a matter of the defendant's free and voluntary choice, and not as a result
of pressure or intimidation by any person .
b . The defendant further represents to the Court that the plea agreement as set forth herein
and the plea to be entered by the defendant is the result of prior discussions between the attorney for
the government and the attorney for the defendant, conducted with the defendant's authorization,
knowledge and consent; that this plea agreement contains the entire agreement and understanding
between the government and the defendant ; and that the defendant has no other agreements,
understandings, or deals with any person other than those set out in this plea agreement, that is, the
defendant advises the Court that the defendant's entire understanding of this Plea Agreement is
completely set forth in writing in this document .
c. The defendant represents to the Court that the defendant has been advised of the nature
of the charge to which the plea of guilty is to be offered, of the maximum possible penalty provided
by law, as set forth above, and that by entering a plea of guilty the defendant gives up all of the rights
set out in paragraph "a" above, gives up any defenses to the charge, and understands that there will
not be a further trial of any kind . The defendant further understands that in entering a plea of guilty,
the Court will ask questions about the offense to which the plea is entered . The defendant
understands that the defendant will be under oath and on the record in answering those questions ,

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and that the defendant's answers may later be used against the defendant in a criminal prosecutio n
for perjury or false statement if those answers are not truthful .

This

a

day of

52006.

) ~K ~

LISA GODBEY WOOD
UNITED STATES ATTORNEY

en K . Marsh
Assistant United States Attorney
Georgia Bar No . 471398
P .O . Box 2017
Augusta, GA 3090 1

Joseph Newman
Criminal Chief
Assistant United States Attorne y

S' d~7
Date

illiam Bell, III
Attorney for the Defendant

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I have read the foregoing Plea Agreement, consisting of 12 pages, including this page, and
I understand what it says and means, and by my signature hereunder I swear or affirm under penalty
of perjury that the matters and facts set forth therein are true, and accurately and correctly state the
representations that have been made to me by my attorney and government agents and/or
prosecutors, and accurately set forth the terms and conditions of the plea agreement that has been
reached by my attorney on my behalf and with my permission .

/, Z.William Allen McCabe
Defendant

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ORDER
The aforesaid Plea Agreement, having been considered by the Court in conjunction with th e
interrogation by the Court of the defendant and the defendant's attorney at a hearing on the
defendant's motion to change plea and the Court finding that the plea of guilty is made freely,
voluntarily and knowingly, it is thereupon,
ORDERED that the plea of guilty by the defendant be and it is hereby accepted and the
foregoing Plea Agreement be and it is hereby ratified and confirmed .

This

day of

1~~ PRI

Z~7 •

.Ac

TED NF I
UNITED STATES TRICT JUDGE
SOUTHERN DIST CT OF GEORGIA