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FILED
2012 Feb-10 PM 12:55
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ALABAMA 


SOUTHERN DIVISION 

UNITED STATES OF AMERICA

)
)

v.
ULUGBEK KODIROV

) 2:11-CR-299-AKK-HGD
)
)

PLEA AGREEMENT
The United States of America and defendant, ULUGBEK KODIROV
hereby acknowledge the following plea agreement in this case:

PLEA
The defendant agrees to plead guilty to Counts One (l) and Five (5) ofthe
Indictment filed in the above numbered and captioned matter and to the
Information filed in the above named and captioned matter. In exchange, the
United States Attorney, acting on behalf of the United States and through the
undersigned Assistant United States Attorney, agrees dismiss Counts Two (2),
Three (3), Four (4), Six (6), and Seven (7), and to recommend the disposition
specified below.

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TERMS OF THE AGREEMENT 

I.

MAXIMUM PUNISHMENT: 

The Parties understand that the maximum statutory punishment that may be

imposed for the crime of Making a Threat to Kill the President of the United
States, in violation of Title 18, United States Code, Section 871(a) as charged in
Count One (1) is:
a.

Imprisonment for not more than 5 years;

b.

A fine of not more than $250,000, or,

c.

Both (a and b);

d.

Supervised release of not more than 3 years; and

e.

Special Assessment Fee of$100.

The Parties understand that the maximum statutory punishment that may be
imposed for the crime of Possession of a Firearm by an Alien Illegally and
Unlawfully in the United States, in violation of Title 18, United States Code,
Section 922(g)(5)(A) as charged in Count Five (5) is:
a.

Imprisonment for not more than 10 years;

b.

A fine of not more than $250,000, or,

c.

Both (a and b);

d.

Supervised release of not more than 3 years; and
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e.

Special Assessment Fee of$100.

The Parties understand that the maximum statutory punishment that may be
imposed for the crime of Providing Material Support to Terrorist, in violation of
Title 18, United States Code, Section 2339(A)(a) as charged in the Information
filed in this case:

II.

a.

Imprisonment for not more than 15 years;

b.

A fine of not more than $250,000, or,

c.

Both (a and b);

d.

Supervised release of not more than 5 years; and

e.

Special Assessment Fee of$100.

FACTUAL BASIS FOR PLEA:
The United States would be prepared to prove the following facts at the trial

ofthis case:
The defendant, ULUGBEK KODIROV, was born in Uzbekistan on August
7, 1989 and is a citizen of that country. KODIROV received a student VISA to
enter the United States on May 21,2009 at Tashkent, Uzbekistan. KODIROV
entered the United States at New York, New York on June 19,2009. On April 1,
2010, KODIROV's student VISA was revoked for failing to enroll in school. From
that date forward, KODIROV was out of status and unlawfully within the United

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States.
During early July, 2011, KODIROV began communicating with an
individual he met on the internet ("Individual #1 "). As the summer progressed,
they began speaking to each other via telephone as well as communicating over the
internet. KODIROV told Individual #1 that he was in communication with a
person known to him as "the Emir". KODIROV explained that the Emir is a
member of the Islamic Movement of Uzbekistan (IMU). The IMU has been
designated by the U.S. State Department as a Foreign Terrorist Organization.
KODIROV expressed his support ofthe Emir and the lMU to Individual #1.
On Saturday, July 9,2011, KODIROV called Individual #1 and talked for
about an hour. During that conversation, KODIROV asked Individual #1 how to
kill the President of the United States, Barack H. Obama. KODIROV said that the
Emir had asked KODIROV if there was anything KODIROV could do about
President Obama since KODIROV was closer geographically to the President than
the Emir. KODIROV told Individual # 1 that he understood the Emir wanted
KODIROV to kill President Obama. KODIROV discussed with Individual # 1
possible ways to kill President Obama, including shooting the President from a
long distance using a sniper rifle.

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 i i

II.!

III

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On Sunday, July 10,2011, KODIROV sent a YouTube message to
Individual #1, which contained several links to web pages about long-range sniper
rifles, including .50 caliber sniper rifles. Later that same day, KODIROV called
Individual #1 and they talked for about an hour. During that conversation,
KODIROV asked Individual #1 ifhe had seen the web links to the sniper rifles.
KODIROV asked if it was possible to shoot President Obama from a long distance
using these weapons. KODIROV became disheartened when he learned how
expensive the sniper rifles were. They also talked about KODIROV not having the
training necessary to make a long distance shot. KODIROV said that ifusing the
sniper rifle was not an option, then KODIROV could shoot the President from a
closer distance when the President was in pUblic. KODIROV said that he did not
care if he got shot and killed, so long as he killed President Obama. Late on the
evening of Monday, July 11,2011, Individual #1 called KODIROV and told him
he wanted to come to Birmingham to meet him.
During the spring of2011, KODIROV met a person ("Individual #2") in
Birmingham who also spoke Uzbek. They began a friendship and often attended
Mosque together. Individual #2 had been to KODIROV's residence and viewed
jihadist websites and jihadist videos on KODIROV's laptop computer. KODIROV
also told Individual #2 that he wanted to assist others in jihad overseas.

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At about 5:30 p.m. on Monday, July 11,2011, Individual #2 met KODIROV
so they could go to the local Mosque for prayer. After prayer, Individual #2 spoke
with KODIROV in the parking lot. KODIROV asked Individual #2 ifhe could
obtain a gun for him. KODIROV said that he would take any gun, but he really
wanted a sniper rifle. Individual #2 asked KODIROV why he wanted a rifle.
KODIROV said that he wanted to kill President Obama. Individual #2 asked
KODIROV ifhe was serious and KODIROV said that he (KODIROV)knew this
was what he was supposed to do for Islam. KODIROV asked Individual #2 ifhe
was willing to help him plan the operation to kill the President. KODIROV said he
preferred to shoot the President from far away, but would shoot him from close
range if he had to. KODIROV asked Individual #2 ifhe would help him obtain
money and a fake ill to help with the plan.
Individual #1 called KODIROV and told him that he would come to
Birmingham the next day. Late on the evening ofthe next day, July 12,2011,
Individual #l's flight arrived in Birmingham. After landing, Individual #1 called
KODIROV and told him he had arrived and needed to be picked up at the airport.
KODIROV and his roommate went to the airport and picked him up. They drove
to KODIROV's residence where they spent the night. While at the residence,
KODIROV told Individual #1 that he wanted to kill the President of the United

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States. KODIROV said that he had been directed by the Emir to kill President
Obama. KODIROV and Individual #1 discussed various methods of assassinating
the President, including shooting the President from long range with a sniper rifle
or shooting him from close range with a handgun. They discussed how the
President would be campaigning in the coming weeks and months and would be
more accessible. KODIROV discussed acquiring and using various types of
weapons, including guns and explosives. KODIROV said that he was ready to die
to carry out the plan to kill the President.
Individual #1 told KODIROV that he knew someone who might be able to
help with the plan to kill the President. Individual # 1 said he could arrange for
KODIROV to meet the individual. KODIROV indicated that he would like to
meet with this person, so Individual # 1 made arrangements to meet with the
individual later that day (July 13,2011). KODIROV told Individual #1 that he
had saved some money to buy a gun. KODIROV said that he was also selling his
car to his roommate to raise money to buy a gun. KODIROV and Individual #1
discussed going to a local gun store to look at guns they might be able to use.
KODIROV performed a Google search on his laptop computer for gun stores in the
Birmingham area. They planned to visit several gun stores after their meeting.
KODIROV left the Google search page for gun stores up on his lapto

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while they went to the meeting. The laptop computer was recovered later from
KODIROV's car.
The meeting was held in the late afternoon of July 13, 2011, at the Hampton
Inn in Leeds, Alabama. At the meeting, Individual #1 introduced KODIROV to a
person ("Individual #3 ") who was a sympathizer with his plan. During their
meeting, KODIROV again expressed his desire to kill the President. Individual #3
asked KODIROV if he was serious. KODIROV explained that he was willing to
die to carry out the plan. KODIROV said that ifhe could not kill the President
from long range he would get close to him and shoot him. Individual #3 told
KODIROV that he was pleased with him and he wanted to help KODIROV carry
out his plan. He said that had brought something to show KODIROV, ifhe
believed KODIROV was serious about wanting to kill the President. Individual #3
unwrapped a fully automatic Sendra Corporation Model M15Al rifle and showed
it KODIROV. KODIROV became excited and held the M15Al rifle. Next,
Individual #3 unwrapped a sniper type rifle with a telescopic sight and showed to
KODIROV. KODIROV held the sniper rifle and looked through the telescopic
sight. They discussed how to use each firearm, how they might be used to kill the
President, and the advantages and disadvantages of using each firearm. Individual
#3 told KODIROV that he had something else which KODIROV might want to

-

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use. Individual #3 then brought out a small hard sided cooler which contained 4
disassembled hand grenades which he showed to KODIROV. Individual #3
demonstrated how to assemble and use the hand grenades. He then had
KODIROV demonstrate to him that he (KODIROV) knew how to assemble the
hand grenades.
Individual #3 asked KODIROV ifhe would like to use any of the items to
carry out his plan to kill the President. KODIROV indicated that he wanted the
fully automatic Sendra Corporation Model M15Al rifle and the hand grenades.
Individual #3 showed KODIROV how to load and use the M15Al rifle including
how to switch it from semi-automatic to fully automatic. KODIROV held the
M15A 1 rifle and demonstrated that he understood how to load and use it. They
discussed obtaining ammunition for the rifle and getting together later in the week
to train at a secluded location. Individual #3 explained to KODIROV that the
M15Al rifle was a fully automatic weapon and was illegal to possess in the United
States. He cautioned him about not letting anyone see the weapon. They
concealed the M15Al rifle in a case and the hand grenades in a cooler. KODIROV
and Individual #1 thanked Individual #3 who advised them to leave the building
through a side door and not to go through the lobby. KODIROV, carrying the
M15Al rifle and the hand grenades, and Individual #1 left the room and walked

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down the hall toward an exit. Before they could leave the building, agents arrested
KODIROV and secured the M15Al rifle and the hand grenades.
The fully automatic M15Al rifle in this case was tested and found capable
of functioning as designed. The rifle was manufactured outside the state of
Alabama and therefore affected commerce.
The defendant hereby stipulates that the facts as stated above are
substantially correct.

III.

RECOMMENDED SENTENCE:

Pursuant to Rule 11(c)(1)(B), Fed.R.Crim.P., the government w' 1
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recommend the following disposition:
(a)  

That the defendant be awarded an appropriate reduction in offense
level for acceptance of responsibility;

(b)   That following any term of imprisonment that the Court may impose,
the defendant be placed on supervised release for a period to be
determined by the Court, subject to the standard conditions of
supervised release as set forth in USSG § 5D1.3, and any special
conditions the Court deems appropriate;
(c)  

That as a special condition of supervised release, the defendant
agrees to be deported without delay to his home country of
Uzbekistan; and

(d)   That the defendant pay a Special Assessment fee of $300, said amount
due and owing as of the date sentence is pronounced.

IV.   COOPERATION BY DEFENDANT:
The defendant agrees to waive the Fifth Amendment privilege against self­
incrimination and to provide TRUTHFUL AND COMPLETE INFORMATION
to the government concerning all aspects of the charged crimes, including, but not
limited to, the defendant's role and participation in the offenses, as well as the roles
and the participation of all other persons involved in these crimes ofwh m the
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defendant has knowledge. The defendant agrees to testify against all of those
individuals at any time requested by the government, including at any Grand Jury
proceeding, forfeiture proceeding, bond hearing, pretrial hearing, trial, retrial, or
post-trial hearing. ALL SUCH INFORMATION AND TESTIMONY SHALL

BE TRUTHFUL AND HONEST AND WITH NO KNOWING MATERIAL
FALSE STATEMENTS OR OMISSIONS.
Further, the defendant agrees to provide assistance and cooperation to the
government as defined and directed by the Federal Bureau of Investigation or any
other investigative agency or body as the United States Attorney for the Northern
District of Alabama may authorize, which cooperation may include the defendant's
periodic submission to a polygraph examination to determine the truthfulness and
accuracy ofthe defendant's statements and information.

v.  

MOTION PURSUANT TO USSG § 5K1.1 AND/OR 18 U.S.C. §
3553(e):
In the event the defendant provides assistance that rises to the level of

"substantial assistance," as that term is used in USSG § 5KI.I, the government
agrees to file a motion requesting a downward departure in the calculation ofthe
defendant's advisory guideline sentence. Should any of the counts of conviction
subject the defendant to a mandatory minimum sentence, the government may also
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 ____.... ~ __ ...... __ ~ .... ~ .. _~-'------c.

_ll1...l-'1+

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seek a sentence reduction below said mandatory minimum sentence, by including
in its motion a recommendation pursuant to the provisions of 18 U.S.C. § 3553(e).
The defendant agrees that the determination of whether defendant's conduct rises
to the level of "substantial assistance" and/or whether defendant's conduct merits
consideration under 18 U.S.C. § 3553(e) lies solely in the discretion ofthe United
States Attorney's Office. Furthermore, the defendant agrees that the decision as to
the degree or extent ofthe downward departure requested, if any, also lies in the
sole discretion of the United States Attorney's Office.
Any motion pursuant to 5k1.1 and/or 18 U.S.C. § 3553(e) will be filed
before the defendant's sentencing hearing and will outline all material assistance
which the defendant has provided. The defendant clearly understands and
acknowledges that because the defendant's plea is being offered in accordance with
Rule II(c)(l)(B), Fed.R.Crim.P., the Court will not be bound by the government's
recommendation and may choose not to reduce the sentence at all.

VI.  

WAIVER OF RIGHT TO APPEAL AND POST-CONVICTION
RELIEF:

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In consideration of the recommended disposition of this case, I,
ULUGBEK KODIROV, hereby waive and give up my right to appeal my
conviction in this case, as well as any fines, restitution, and/or sentence the
court might impose upon me. Further I waive and give up the right to
challenge any conviction or sentence imposed or the manner in which the
sentence was determined in any collateral attack, including, but not limited to,
a motion brought under 28 U.S.C. § 2255, subject to the following limitations:
The defendant reserves the right to contest in an appeal or post­
conviction proceeding any or all of the following:
(a)   Any sentence imposed in excess of the applicable statutory
maximum sentence; and
(b)   Any sentence that constitutes an upward departure from
the advisory guideline sentencing range calculated by the
court at the time sentence is imposed; and
(c)   Ineffective assistance of counsel.
The defendant acknowledges that before giving up these rights, he
discussed the Federal Sentencing Guidelines and their application to his case
with his attorney, who explained them to his satisfaction. The defendant
further acknowledges and understands that the government retains its
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appeal where authorized by statute.
I, ULUGBEK KODIROV , hereby place my signature on the line
directly below to signify that I fully understand the foregoing paragraphs,
and that I am knowingly and voluntarily entering into this waiver.

VII. STIPULATION TO JUDICIAL ORDER OF REMOVAL:
The defendant agrees to the entry of a stipulated judicial order of removal
pursuant to Title 8, United States Code, Sections 1228(c)(5) and 1182.
Specifically, the defendant admits that he is a native and citizen of Uzbekistan and
that he is removable from the United States pursuant to Title 8, United States Code:,
Sections 1182(a)(3)(B)(i)(I), 1182(a)(2)(i)(I), and 1182(a)(2)(B).

A.

Voluntary Waiver of Rights

After consultation with counsel and understanding the legal consequences of
doing so, the defendant knowingly and voluntarily waives the right to notice and
hearing provided for in Title 8, United States Code, Section 1228(c)(2) and further
waives any and all rights to appeal, reopen, reconsider, or otherwise challenge this
stipulated removal order. The defendant understands and knowingly waives his
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right to a hearing before an immigration judge or any other authority under the
Immigration and Nationality Act ("INA"), on the question of the defendant's
removability from the United States. The defendant further understands the rights
the defendant would possess in a contested administrative proceeding and waives
these rights, including the defendant's right to examine the evidence against him,
to present evidence on his behalf, and to cross-examine the witnesses presented by
the government.
The defendant agrees to waive his rights to any and all forms of relief or
protection from removal, deportation, or exclusion under the INA, as amended, and
related federal regulations. These rights include, but are not limited to, the ability
to apply for the following forms of relief or protection from removal: asylum;
withholding of removal under Title 8, United States Code, Section 1231(b«3); any
protection from removal pursuant to Article 3 of the United Nations Convention
Against Torture, including withholding or deferral of removal under 8 C.F .R. §
298: cancellation of removal; adjustment of status; registry; de novo review of a
denial or revocation of temporary protected status (current or future); waivers
under Title 8, United States Code, Sections 1182(h) or 1182(1); visa petitions;
consular processing; voluntary departure or any other possible relief or protection
from removal available under the Constitution, laws or treaty obligations of the

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United States. As part of this agreement, the defendant specifically acknowledges
and states that the defendant has not been persecuted in, and has no present fear of
persecution in, Uzbekistan on account of his race, religion, nationality,
membership in a particular social group, or political opinion. Similarly, the
defendant further acknowledges and states that the defendant has not been tortured
in, and has no present fear of torture in Uzbekistan.
The defendant hereby requests that an order be issued by this Court for his
removal to Uzbekistan. The defendant agrees to accept a written order of removal
as a final disposition of these proceedings and waives any and all rights to
challenge any provision of this agreement in any United States or foreign court or
tribunal.
The defendant hereby agrees to make the judicial order of removal a public
document, waiving his privacy rights, including his privacy rights under 8 C.F.R.
208.6. At the request of the U.S. Attorney's Office, U.S. Immigration and
Customs Enforcement ("ICE") concurs with the government's request for a judicial
order of removal. As a result of the above-referenced order, upon the completion
of the defendant's criminal proceedings, including any sentence of incarceration
and any court-imposed supervision, the defendant shall be removed to Uzbekistan.

B.

Assistance in the Execution of Removal
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The defendant agrees to assist ICE in the execution of his removal.
Specifically, the defendant agrees to assist ICE in the procurement of any travel or
other documents necessary for the defendant's removal; to meet with and to
cooperate with representatives of the country or countries to which the defendant's
removal is directed; and to execute those forms, applications, or waivers needed to
execute or expedite the defendant's removal. The defendant further understands
that his failure to refusal to assist ICE in the execution of his removal shall breach
this plea agreement and may subject the defendant to criminal penalties under Title
8, United States Code, Section 1253.

C.  

Re-entry and Penalties

The defendant concedes that the entry of this judicial order of removal
renders him permanently inadmissible to the United States. He agrees that he will
not enter, attempt to enter, or transit through the United States without first seeking
and obtaining permission to do so from the Secretary of the Department of
Homeland Security or other designated representative of the U.S. government.
The Court's failure, for any reason, to enter the judicial order of removal,
shall make the plea agreement, and the promises contained herein, null and void.
VIII.  UNITED STATES SENTENCING GUIDELINES:
Counsel has explained to the defendant, that in light of the United States

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Supreme Court's recent decision in United States v. Booker, the federal sentencing
guidelines are advisory in nature. Sentencing is in the court's discretion and is no
longer required to be within the guideline range. The defendant agrees that,
pursuant to this agreement, the court may use facts it finds by a preponderance of
the evidence to reach an advisory guideline range and defendant explicitly waives
any right to have those facts found by a jury beyond a reasonable doubt.

IX.

AGREEMENT NOT BINDING ON COURT:
The Parties fully and completely understand and agree that it is the Court's

duty to impose sentence upon the defendant and that any sentence recommended
by the government is NOT BINDING UPON THE COURT, and that the Court
need not accept the government's recommendation. Further, the defendant
understands that if the Court does not accept the government's recommendation, he
does not have the right to withdraw his plea.

X.

VOIDING OF AGREEMENT:
The defendant understands that should he (a) violate any federal, state, or

local law after entering into this Plea Agreement, (b) move the Court to accept his
plea of guilty in accordance with, or pursuant to, the provisions of North Carolina
v. Alford, 400 U.S. 25 (1970), or (c) tender a plea of nolo contendere to the
charges, the agreement will become NULL and VOID, and the United States will

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not be bound by any of the terms, conditions, or recommendations, express or
implied, which are contained therein.
XI.   OTHER DISTRICTS AND JURISDICTIONS:
The parties understand and agree that this agreement DOES NOT BIND
any other United States Attorney in any other district, or any other state or local
authority.
XII.   TAX. FORFEITURE AND OTHER CIVIL/ADMINISTRATIVE
PROCEEDINGS:
Unless otherwise specified herein, the parties understand and acknowledge
that this agreement does not apply to or in any way limit any pending or
prospective proceedings related to defendant's tax liabilities, if any, or to any
pending or prospective forfeiture or other civil or administrative proceedings.
XII.   DEFENDANT'S UNDERSTANDING:

,2) ~.\f-,

I have read and understand the provisions of this agreement consisting of

V 1twenty-&5.ar
D -fid(
(24) pages. I have discussed the case and my constitutional and other
,J)}

rights with my lawyer. I am satisfied with my lawyer's representation in this case.
I understand that by pleading guilty, I will be waiving and giving up my right to
continue to plead not guilty, to a trial by jury, to the assistance of counsel at that
trial, to confront, cross-examine, or compel the attendance of witnesses, to present
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evidence in my behalf, to maintain my privilege against self-incrimination, and to
the presumption of innocence. I agree to enter my plea as indicated above on the
terms and conditions set forth herein.
NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN
MADE TO ME BY THE PROSECUTOR, OR BY ANYONE ELSE,
NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO
INDUCE ME TO PLEAD GUILTY.
I further state that I have not had any drugs, medication, or alcohol within
the past 48 hours except as stated hereafter (if none, write "none"):

I understand that this Plea Agreement will take effect and will be binding as
to the Parties only after all necessary signatures have been affixed hereto.
I have personally and voluntarily placed my initials on every page ofthis
Agreement and have signed the signature line below to indicate I have read and
approve all ofthe previous paragraphs of this Agreement, and understand all of the
provisions of this Agreement, both individually and as a total binding agreement.
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~~EKKODmov

Iitolle
DATE

Defendant

XIII. COUNSEL'S ACKNOWLEDGMENT:

I have discussed this case with my client in detail and have advised of his
rights and all possible defenses. My client has conveyed to me that he understands
this Agreement and consents to all its terms. I believe the plea and disposition set
forth herein are appropriate under the facts of this case and are in accord with my
best judgment. I concur in the entry of the plea as indicated above and on the
terms and conditions set forth herein.

~
~
I /() /



Defendant's Counsel

XIV. GOVERNMENT'S ACKNOWLEDGMENT:

I have reviewed this matter and concur that the plea and disposition set
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forth herein are appropriate and are in the interests ofjustice.

JOYCE WHITE VANCE
United States Attorney

JvrrCHAEL W. WHISONANT
Assistant United States Attorney

OZ./o~/lc...
DATE

@~

Assistant United States Attorney

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 USA v. Kodirov, Docket No. 2:11-cr-00299 (N.D. Ala. Jul 26, 2011), Court Docket

General Information

Court

United States District Court for the Northern District of Alabama;
United States District Court for the Northern District of Alabama

Federal Nature of Suit

Criminal

Docket Number

2:11-cr-00299

Status

CLOSED

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