FILED

Case 2:17-cr-00267-AKK-TMP Document 15 Filed 09/07/17 Page 1 of 5

2017 Sep-07 PM 12:42
U.S. DISTRICT COURT
N.D. OF ALABAMA

FILED

United States District Court
(INnED STATES DISTRICT COURT Northem District of Alabama
NORTHERN DISTRICT Of ALABAMA
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UNITED STATES OF AMERICA,

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VS.  

Defendant.

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Judge Abdul !(aDon
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GUILTY PLEA ADVICE Of RIGHTS CERTIFICATION' 


Instructions to Counsel
Before the offer of a plea of guilty, counsel for the defendant must personally discuss,
in detail, each of the following matters with the defendant If able, the defendant should
inscribe his or her initials in the appropriate places on this form, Once completed, the
certification will be filed on the record,

A.   At the Change of Plea Hearing
I.   I will be placed under oath.

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2.   I will be subject to penalties for perjury or further prosecution if I

I under,tand.

willfully make a false statement.

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3.   If anything is said or done in court that I do not understand. I must tell
the judge.

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4.   I may be asked about my education and job history and whether I read,
'WTite, and understand the English language,

I understand,

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5.   I will be asked ifI have any mental or emotional impairment or physical
illness that might affect my abil ity to understand the court proceedings.
6.   I will be asked if I have taken any drugs, medications, or other
substances that might affect my ability to understand the court
proceedings.

I understand,

'This fonn was approved for use in the United States District Court for the Northern District of
Alabama on May --, 2013. Do not use an earlier version.
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 Case 2:17-cr-00267-AKK-TMP Document 15 Filed 09/07/17 Page 2 of 5

7.

I will be asked if my plea is voluntary. 


I understand.

8,

I will be asked if anyone coerced or threatened me to plead guilty, 


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9.   I will be asked in have any complaints about my attorney.

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10.  I will be asked:

I understand,

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a.   If I received the ifloktiileJlt; t N

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b,

If! read the indietment or my attorney read it to me; and

c,   If I understand the chargers) against me.
I L I will be asked:

I understand,

a.   If I have read the plea agreement or my attorney read it to me;
b.   If I had enough time to discuss the content of the plea agreement
with my attorney;
c,   If the plea agreement includes all agreements with the prosecutor;

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d.   If! personally understand the content of the plea agreement.

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B.   Explanation of Substantive Rights
I.   I am not required to plead guilty to any charge,

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2.   By pleading guilty, I am giving up the following:

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a.   Tbe presumption of innocence;
b.   A speedy and public jury trial in which the Government must prove
each and every element ofthe charge(s) beyond a reasonable doubt;
c,

The right to confront the Government's witnesses;

d,

The right to cross-examine the Government's witnesses;

e.   The right to call witnesses on my behalf;

f.   The right to choose to testify,
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 Case 2:17-cr-00267-AKK-TMP Document 15 Filed 09/07/17 Page 3 of 5

3.   If! decided (0 testifY at (rial, I would be placed under oath, and I would
be subject to cross-examination by the prosecutor.

I understand,

4.   In decided not to testifY at trial or to offer any evidence in my defense,

I understand,

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those facts could not be used against me.

5.   By pleading guilty, I am not giving up the right to be represented by a

I understand,

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Constitutionally adequate attorney.

C.   Explanation of the Charge(s)
I.   I will be asked if I had enough time to diseuss the case with my
attorney.

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2.   I will be asked if my attorney has explained the elements of the
chargers) against me.

I understand,

3.   The judge will not accept my guilty pleats) until he or she is satisfied
that the Government can prove a factual basis for each element of Ihe
charges to which I am pleading guilty.

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I understand,
4.   Ifmy guilty plea(s) is accepted by the judge, only two things remain to
be done:
a.   A United States Probation Officer will conduct a presentence
investigation and produce a Presentence Investigation Report; and
b.   The judge will impose a sentence.

D.   Explanation of Possible Penalties
I understand,
1.   I will be asked if my attorney has explained the mandatory statutory
minimum sentence (ifany) and the maximum statutory penalty for each
charge against me.

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I understand,

2.   If a mandatory statutory minimum sentence is applicable, the judge
cannot sentenee me below the minimum sentence unless a rare
exception exists.
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3.   The judge is required to consider the United States Sentencing
Guidelines before imposing a sentence.
I understand.
4.   I will be asked if my attorney has discussed the Guidelines with me and
the fact that the judge may sentence me to a higher or lower sentence.

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 Case 2:17-cr-00267-AKK-TMP Document 15 Filed 09/07/17 Page 4 of 5

I understand,
5.   The judge will require me to make restitution to any and all victims of
the charge(s) to which I am pleading guilty.

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I understand,

6.   The amount of restitution, and the schedule of its payment, wiII be
based on the information within Presentence Investigation Report.

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I understand,

7.   The judge may require that I be supervised by the United States
Probation Office following any term of imprisonment.

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I understand,

8.   The judge may be required to impose a fine. unless:
a.   I am unable to pay a fine, or;
b.   Imposing a fine would unduly burdensome.

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I understand.

9.   If! have financial means, the judge may require me to pay all or part of
the costs of my imprisonment or supervision.

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I understand.
10.  If I am not a citizen of the United States, I may be deported as a result
of the guilty plea.

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E.   Plea Agreement
I understand.
I.   If there is a plea agreement, the agreement will be disclosed on the
record.
2.   The judge is not bound by the terms of plea agreement, and if the
agreement is rejected, I cannot withdraw the guilty plea.

F.   Cer~ion of Defendant
I.   I,

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hereby acknowledge that my attorney, whose name is
signed to the attorney certification below. has explained to me, in detail each of the matters set
out above.

2.   I also certify that I am satisfied with the representation my attorney has provided me, and that I
have no complaints about any aspect of his or her representation of me.
3.   I further certify that I am not under the influence of any alcoholic beverage. intoxicating liquor.
drugs, medication, or other substance that affected my ability to understand all of the matters set
out above.
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Case 2:17-cr-00267-AKK-TMP Document 15 Filed 09/07/17 Page 5 of 5

4.   Finally. I certify that I am entering my guilty pJea(s) bee
that the court accept my pJea(s).

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I am in faet guilty, and I request

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~ature of Defendant .

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G.   Certification of Counsel
As counsel of record for the above named defendant, I hereby certify that:
I.   1 have discussed with the defendant, in detail. each of the matters sct out above;
2.   I have observed the defendant today, before the plea proceeding, and I am aware of no reason
why the defendant is not competent to enter a guilty pJea(s) at this time: and.
3.   I am aware of no reason, at Ihis lime, why the defendant's guilty plea(s) should not be accepted
by the court.

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