Case 1:16-cr-00190-SEB-MJD Document 111 Filed 05/14/18 Page 1 of 20 PageID #: 580

T]NITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

UNITED STATES OF AMERICA.
Plaintiff,

AKRAM I. MUSLETI.
Defendant.

)
)
)
)
)
) Cause No. 1 :16-CR-190-SEB-MJD
)
)
)

PETITION TO ENTER PLEA OF GUILTY AND PLEA AGREEMENT
The United States of America, by counsel, Josh J. Minkler, United States Attomey for the
Southem District of Indiana, and Matthew J. Rinka, Assistant United States Attomey ("the

Govemment"), and the defendant, Akram I. Musleh ("the defendant"), in person and by counsel,
Thomas A. Durkin, Robin V. Waters, and Joshua S. Moudy, hereby inform the Court that a Plea
Agreement has been reached in this case pursuant to Federal Rule of Criminal Procedure

1l(c)(1)(B). The following are its terms and conditions:
Part 1: Guilty Plea and Charge(s)

l.

Plea of Guilty: The defendant petitions the Court for leave to enter and agrees to

enter a plea of guilty to Count One of the Indictment which charges a violation of

Title

18 U.S.C.

g$ 2 and 2339(B)(a)(l) (Attempting to Provide Material Support or Resources, namely,

personnel, to a Designated Foreign Terrorist Organization, namely, the Islamic State oflraq and
the Levant).

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2.
sentence

Potential Maximum Penalties: The offense is punishable by

ofnot more than 20 years' imprisonment and

a

a

maximum

maximum fine of$250,000. Defendant

further understands that the Court may impose a term ofsupervised release ofany term ofyears,
including life.

3.

Elements of the Offense: To sustain the offense to which the defendant is

pleading guilty, the Govemment must prove the following elements beyond a reasonable doubt:

A.

First: that the defendant knowingly attempted to provide material support

or resources to a designated foreign terrorist organization;

B.

Second: that the defendant knew that the organization was a designated

terrorist organization or that the organization had engaged or was engaging in terrorist
activiry or terrorism; and

C.
Part

4.

Third: that the defendant is

2:

a

United States citizen.

General Provisions

Sentencing Court's Discretion Within Statutory Range: The defendant agrees

and understands that: (A) the Court

will

use its discretion to fashion a sentence

within the statutory

range(s) set forth above; (B) the Court will consider the factors set forth in 18 U.S.C. $ 3553(a) in
determining the appropriate sentence within the statutory range(s); (C) the Court will also consult

and take into account the United States Sentencing Guidelines ("Sentencing Guidelines" or

"U.S.S.G.')

in

determining the appropriate sentence within the statutory range(s); (D) the

Sentencing Guidetines are not mandatory or binding on the Court, but are advisory in nature; (E)

restitution may be imposed; (F) the final determination conceming the applicable advisory
guideline calculation, criminal history category, and advisory sentencing guideline range will be

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made by the Court; and (G)

if

by pleading "Guilty," the Court may impose the same punishment

the defendant had plead "Not Guilty," had stood trial and been convicted by

5.

as

ajury.

Sentencing Court Not Bound by Guidelines or Recommendations: The

defendant acknowledges that this Plea Agreement is govemed by Federal Rule of Criminal
Procedure 11(cXl)(B) and that the determination of the defendant's sentence is within the
discretion of the Court. The defendant understands that if the Court decides to impose a sentence
higher or lower than any recommendation ofeither party, or determines a different advisory
sentencing guideline range applies in this case, or decides to impose a sentence outside

ofthe

advisory sentencing guideline range for any reason, then the defendant will not be permitted to
withdraw this plea of guilty for that reason and will be bound by this plea of guilty.

6.

Plea Agreement Based on Information Presently Known: The delendant

recognizes and understands that this Plea Agreement is based upon the information presently

known to the Govemment. The Govemment agrees not to bring other federal charges against the
defendant based on information currently known to the United States Attomey for the Southem

District of Indiana.
7

.

No Protection From Prosecution for Unknown or Subsequent Offenses: The

defendant acknowledges and agrees that nothing in this agreement shall protect the defendant in
any way from prosecution for any oflense not specifically covered by this agreement, or not

known to the United States Attomey for the Southern District of Indiana at this time. The
defendant further acknowledges and agrees that nothing in this agreement shall protect the
defendant in any way from prosecution for any offense committed after the date of this
agreement.

J

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.

8.

Rights Under Rule

ll(b),

Fed. R. Crim. P.: The defendant understands that the

Govemment has the right, in a prosecution for perjury or false statement, to use against the
defendant any statement that the defendant gives under oath during the guilty plea colloquy. The
defendant also understands that the defendant has the right: (A) to plead not guilty, or having
already so pleaded, the right to persist in that plea; (B) to ajury trial; (C) to be represented by
counsel--and ifnecessary have the court appoint counsel--at trial and at every other stage of the
proceedings, including appeal; and (D) to confront and cross-examine adverse witnesses, to be
protected from compelled self-incrimination, to testify and present evidence, and to compel the
attendance of witnesses. The defendant also understands that the Constitution guarantees the

right to appeal the conviction on such charge(s) to a higher court. The defendant understands
that if the Court accepts this plea ofguilty, the defendant waives all ofthese rights.

Part

9.

3:

Sentence of ImDrisonment

Sentencing Recommendation Pursuant to Federal Rule of Criminal

Procedure 1l(c)(l)(B): The parties have

4!

agreed upon a specific sentence. The parties

reserve the right to present evidence and arguments conceming what they believe to be the

appropriate sentence in this matter.

10.

Supervised Release: The parties have not agreed upon term of supervised

release to be imposed following any term of imprisonment in this case. The parties reserve the

right to present evidence and arguments conceming what they believe to be the appropriate term

of supervised release.

4

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11.

Conditions of Supervised Release: The parties understand and agree that the

Court will determine which standard and special conditions of supervised release to apply in this
case. The parties reserve the right to present evidence and arguments conceming these
conditions.

Part

12.

4: Monetarv

Provisions and Forfeiture

Mandatory Special Assessment: The defendant will pay

a

total of

$I

00.00

on the date ofsentencing or as ordered by the Court to the Clerk, United States District Court,

which amount represents the mandatory special assessment fee imposed pursuant to l8 U.S.C.
s 3013.

13.

Fine: The parties

agree that the imposition of a fine in this case is left to the

discretion of the Court. However, at the present time, the parties do not anticipate asking the
Court to impose a fine.

14,

Forfeiture: The defendant admits that the property listed below constitutes

contraband, was used to facilitate, or constitutes the fruits of the commission of the offense to

which the defendant is pleading guilty, and, therefore, is subject to forfeiture to the United
States. The defendant abandons all right, title, and interest the defendant may have in the

property listed below so that proper disposition, including destruction, may be made thereofby
federal, state, or local law enforcement agencies involved in the investigation of the defendant's

criminal activity, without further notice or obligation whatsoever owing to the defendant. The
defendant further agrees not to contest any forfeiture action brought against and consents to the

forfeiture of any of the property listed below, whether any such forleiture action is
administrative, iudicial, civil, or criminal, and agrees not to contest any use or destruction ofany

of the property listed below by any federal, state, or local law enforcement agency:

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A.

United States Passport and State oflndiana Driver's License in the name

of Akram I. Musleh;

B.

Alcatel Tracfone Black, Serial Number 013325008425593 with SIM card;

C.

Alcatel T-Mobile Cellphone, IMEI Number 012908006149314;

D.

Apple Iphone 4 Black, Serial Number CSVFCMKYDDPT;

E.

Sony Experia M4 Smartphone, IMEI Number

F.

LG Simportable DVD Writer;

G.

l1 Extemal Thumbdrives:

H.

HP Enry x 360 Laptop Computer Serial Number 8CG6l5ONLS

3

53863071223378;

PNMIC65UA#ABA;

L

3 Sandisk MicroSD Adapters;

J.

United States Cunency totaling $2,540.

The defendant consents to the entry oforders of forfeiture for such property and waives
the requirements of Rules 32.2 and 43(a), Fed. R. Crim. P., regarding notice of the forfeiture in

the charging document, announcement ofthe forfeiture at sentencing, and incorporation of the

forfeiture in thejudgment. The defendant understands that the forfeiture ofassets is part ofthe
sentence that may be imposed in this case and waives any failure by the Court to advise the

defendant ofthis, pursuant to Rule

1

l(b)(1)(J), at the time the defendant's guilty plea is accepted

The defendant further agrees to waive all constitutional and statutory challenges in any
manner (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out

in accordance with this Plea Agreement on any grounds, including that the forfeiture constitutes
an excessive fine or punishment.

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15.

Obligation to Pay Financial Component of Sentence: Ifthe defendant is

unable to pay any financial component

ofthe defendant's sentence on the date of sentencing,

then the defendant agrees that the payment of the financial component should be a condition

of

supervised release as well as an ordered payment through the Inmate Financial Responsibitity

Program ofthe U.S. Bureau ofPrisons. The defendant has a continuing obligation to pay the

financial component of the sentence. The defendant further agrees that as of the date of filing
this Plea Agreement the defendant will provide all requested financial information, including
privacy waivers, consents, and releases requested by the Govemment to access records to veriry
the defendant's financial disclosures, to

the Govemment for

use in the collection of any fines,

restitution, and money judgments imposed by the Court and authorizes the Govemment to obtain
credit reports relating to the defendant for use in the collection of any fines and restitution, and
money judgments imposed by the Court. The defendant also authorizes the Govemment to

inspect and copy all financial documents and information held by the United States Probation

Office.

Part

16.

5: Factual Basis for Guilty

Plea

The parties stipulate and agree that the following facts establish a factual basis for

the defendant's plea of guilty to the offense set forth in Paragraph 1, above, and that the

Govemment would be able to establish the following facts beyond a reasonable doubt in the
event this cause was to proceed to

trial. The following information

is only a summary of the

Govemment's evidence. The parties reserve the right to present additional evidence, as they
deem appropriate, prior to sentencing in this cause.

A.

From during in or about April 2016, up to and including June 21, 2016, in

Indianapolis, Indiana, in the Southem District of Indiana, and elsewhere, the defendant

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did knowingly attempt to provide material support and resources, namely, personnel (to

wit: himself, to a foreign terrorist organization, namely, the Islamic State of Iraq and the
Levant, knowing that it was a designated foreign terrorist organization and that the
organization had been engaged and was engaging in terrorist activity and terrorism, in

violation of Title 18, United States Code, Section 2339B(a)(l).

B.

On or about October 15,2004, the United States Secretary of State

designated al-Qaeda in Iraq, then known as Jam'at al Tawhid wa'al-Jihad, as a Foreign

Terrorist Organization ("FTO) under Section 219 of the Immigration and Nationality

Act and

as a

Specially Designated Global Tenorist entity under section 1(b) of Executive

Order 13224.

C.

On or about May 15,2014,the Secretary of State amended the designation

ofal-Qaeda in Iraq as a Foreign Terrorist Organization under Section 219 ofthe
Immigration and Nationality Act and as a Specially Designated Global Terrorist entity
under section 1(b) of Executive Order 13224 to add the alias Islamic State of Iraq and the
Levant ("ISIL") as its primary name. The Secretary also added the following aliases to
the ISIL listing: the Islamic State of Iraq and al-Sham

('ISIS'),

the Islamic State

oflraq

and Syria ("ISIS"), ad-Dawla al-lslamiyya fi al-'Iraq wa-sh-Sham, Daesh, Dawla al

Islamiya, and Al-Furqan Establishment for Media Production (hereinafter collectively
refened to as "ISIS/ISIL"). In an audio recording publicly released on lur,e 29,2014,

ISIL announced

D.
("Musleh"),

a

formal change of its name to the Islamic State ("IS").

Beginning no later than April 2015, the defendant Atram I. Musleh
a

United States citizen, sought and obtained introductions to known

ISIS/ISIL members and sympathizers to assist him with traveling to Syria and to join

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ISIS/lSIL. Musleh utilized several online communication applications, including social
media accounts, instant messaging, and mobile device messaging platforms, to pledge his
allegiance to, indicate his affiliation with and support for ISIS/ISIL. Musleh
communicated with individuals he understood to be members and facilitators

of

ISIS/ISIL to coordinate logistics ofhis trip and admission into ISIS/ISIL controlled
territory.

E.

In April and June of2015, Musleh made five reservations to travel to Iraq

and Turkey including:

l.

In April of 2015 Musleh purchased a one-way ticket to travel from

Chicago's O'hare Intemational Airport ("O'Hare") to Erbil Intemational Airport
in Erbil, Iraq. Musleh did not complete this travel.

2.

ln May of 2015, Musleh purchased

a one-way

ticket to travel from

O'hare to Instanbul, Turkey. Musleh did not complete that travel because the
credit card used to make the purchase was declined.

3.

In June of20l5, Musleh booked at least three separate one-way

reservations to travel from Chicago to Istanbul, Turkey.

4.

On June 23,2015, Musleh anived to board a flight at O'Hare

airport on a reservation that would take him from Chicago to Istanbul, Turkey.
Following his arrival, Musleh was interviewed by U.S. Customs and Border
Protection officials and prevented lrom boarding the flight to Istanbul'

F.

Subsequently, Musleh secured employment with Company

saved money from

A.

Musleh

hisjob at Company A and used that money to pay for airfare to

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Morocco and additional travel expenses Musleh would have to pay to get from Morocco
to ISIS/ISIL controlled territory.

G.

On or about April4,2016, Musleh purchased a one-way airline ticket for

June 23,2016, from John F. Kennedy International Airport

inNew York, New York, to

Casablanca, Morocco, and then on to Nador, Morocco. On

April 21,2016, Musleh

purchased a one-way Greyhound bus ticket from Indianapolis, Indiana, to New York,

New York, with departure on June 21, 2016.

H.

Orl or about May 5,2016, Musleh began communicating with User #1,

who Musleh understood to be an ISIS/ISIL member. Over the course ofthe next several
weeks, User #1 assisted Musleh in his attempt to travel to foreign countries to join

ISISISIL by providing Musleh with guidance on how to avoid detention by law
enforcement and personal contact information of individuals who would assist Musleh

with his travel overseas. Musleh provided his personal/biographical information and a
photograph of himself to User #1, and User

#l

subsequently agreed to serve as Musleh's

sponsor into ISIS/ISIL upon Musleh's successful entry into ISIS/ISIL-controlled

territory.

I.

On or about May 16 and May 18, 2016, in online conversations with a FBI

confidential human source ("CHS), Musleh declared his allegiance to ISIS/ISIL and his
desire to travel and

join ISIS/ISI in either Syria or Libya. Musleh requested assistance

from the CHS for travel from Morocco to either Syria or Libya to join ISIS/ISIL. The
CHS and Musleh also discussed that Africa, specifically Sudan or Egypt, was the new
transit point for those desiring to travel and join ISIS^SIL.

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J.

On or about May 22,2016, Musleh called a travel agency to inquire about

a one-way plane

ticket from Nador, Morocco, to Sudan for June 28,2016. During the

ensuing conversation, Musleh told the travel agent that he had been researching airline
tickets from Morocco to Sudan with another travel agency. When Musleh asked the

travel agent if he could purchase a ticket from Morocco to Sudan at the airport, the travel
agent represented that she could not assist him. The call concluded at that time.

K.

On or about May 25,2016, Musleh began a conversation on a social

media platform with another user using the same media platform. This user's account had
an intemet protocol address located in Turkey. During the conversation, Musleh
expressed his desire to

join ISIS/ISIL

and asked the user whether the best way to

join

ISIS/ISIL in Libya was through Sudan. The user confirmed that passing through Sudan
into Libya was the best way.

L.

In an effort to avoid detection by law enforcement and decrease suspicion

regarding the true intent ofhis travel, on or about June 3,2016, Musleh purchased a one-

way retum ticket from Casablanca, Morocco, to New York, New York, with a departure
date

ofJuly 21,2016. Musleh purchased the retum ticket after being told by ISIS/ISIL

facilitators that a one-way ticket to Morocco would raise the suspicions of law
enforcement and that Musleh would not be allowed to enter Morocco if he did not have a

retum ticket.

M.

On or about June21,2016, the FBI observed Musleh enter the Greyhound

Bus Station in Indianapolis, Indiana. After obtaining his bus ticket, Musleh exited the

terminal and proceeded towards his bus. while Musleh was presenting his ticket to board
he was intercepted by FBI agents and placed under anest.

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N.

Pursuant to court authorization, on or about June 21, 2016, law

enforcement seized extensive electronic evidence from Musleh, including multiple hard
drives, electronic storage mediums, two smartphones, and a laptop. A review of Musleh's
cellphone found numerous pieces ofevidence establishing Musleh's desire to travel and

join ISIS/ISIL, including multiple files and images regarding jihad, martyrdom, and

ISIS/lS[

propaganda. Moreover, Musleh's phone provided evidence of Musleh's

extensive prior communications with ISIS/ISIL supporters and contact information for

individuals who would assist Musleh on transiting through Morocco to ISIS/ISILcontrolled territory upon his arrival in Africa.

O.

Upon arriving in ISIS/ISIL-controlled territory, Musleh intended to

provide material support to ISISiISIL.

P.

At the time defendant engaged in the conduct set forth above, he knew that

ISIS/ISIL was a designated foreign terrorist organization.
Part

17.

6: Other Conditions

Background Information: The defendant acknowledges and understands that no

limitation shall be placed upon the Court's consideration of information concerning the
background, character, and conduct ofthe defendant for the purpose of imposing an appropriate
sentence. The defendant acknowledges and understands that neither party is prohibited from

providing information conceming background, character, and conduct ofthe defendant for the
purpose of recommending or advocating an appropriate guideline calculation and sentence.

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18.

Compliance with Federal and State Laws: The deiendant understands that the

obligations ofthe Govemment in this Plea Agreement are expressly contingent upon the
defendant abiding by federal and state laws between the date this Plea Agreement is executed
and the date of sentencing in this cause.

Part 7: Sentencins Guidelin e Stipulations

19.

Guideline Computations: Pursuant to Section 6B1 .4 of the Sentencing

Guidelines, the parties agree to the Stipulations below. The parties understand and agree that
these Stipulations are binding on the parties but are only a recommendation to the Court and that

the Court will determine the advisory sentencing guidelines applicable in this case. The parties
agree that no stipulation regarding any factors in Chapter 4, Criminal History Category,

ofthe

Sentencing Guidelines has been made, and that such determination will be made by the Court.
The 2016 version ofthe Sentencing Guidelines has been used by the parties to make the

stipulations set forth below.

A.

As the instant offense involved Providing Material Support to a Terrorist

Organization, the base offense level is 26. U.S.S.G. $ 2M5.3(a)

B.

The govemment maintains that two (2) additional levels should be added

because the instant offense involved providing personnel used to assist

in

a

violent act.

U.S.S.G. S 2M5.3(b)(l)(E) The defendant reserves the right to challenge the

applicability of that two (2) level enhancement at the time ofsentencing.

C.

Twelve (12) additional levels are added because the instant offense

involved promoting terrorism. U.S.S.G. $ 3A1.4(a))

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D.

Acceptance of Responsibility: To date, the defendant has demonstrated a

recognition and affirmative acceptance ofpersonal responsibility for the defendant's criminal

conduct. Based upon the defendant's willingness to accept

a Plea Agreement and enter a plea

of

guilty to the criminal conduct noted in this agreement, the Government agrees that the defendant
should receive a two (2) level reduction p rovided the defendant satisfies the criteria set forth in

Guideline $ 3E1.1(a) up to and including the time ofsentencing. The defendant timely notified
the Government ofdefendant's intention to enter a plea of guilty, thereby permitting the
Govemment and the Court to allocate their resources efficiently. After the Defendant enters a
plea of guilty, the Govemment intends to file a motion pursuant to U.S.S.G. $ 3E1.l(b)
requesting that the Court decrease the offense level by one

(l)

additional level. The parties

reserve the right to present evidence and arguments conceming the defendant's acceptance

of

responsibility at the time of sentencing.

E.

Final Offense Level: The final offense level will be either 37 or 35,

depending on the resolution ofany challenge to the applicability ofthe enhancement outlined in
paragraph 20(B), above.

Part

20,

8: Waiver of Rieht

to ADDeal

Direct Appeal: The defendant understands that the defendant has a statutory

right to appeal the conviction and sentence imposed and t}te manner in which the sentence was
determined. Acknowledging this right, and in exchange for the concessions made by the
Govemment in this Plea Agreement, the defendant expressly waives the defendant's right to
appeal the conviction imposed in this case on any ground, including the right to appeal conferred

by 18 U.S.C. $ 3742. This blanket waiver ofappeal specifically includes all provisions of the

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guilty plea and sentence imposed, including the length and conditions of supervised release and
the amount of any fine.

21.

Later Legal Challenges: Additionalty, the defendant expressly

agrees not to

contest, or seek to modiry, the defendant's conviction or sentence or the manner in which either

was determined in any later legal proceeding, including but not limited to, an action brought

under l8 U.S.C. $ 3582 or 28 U.S.C. $ 2255. As concems this Section 3582 waiver, should the
United States Sentencing Commission and/or Congress in the future amend the Sentencing
Guidelines to lower the guideline range that pertains to the defendant's offense(s) and explicitly
make such an amendment retroactive, the Government agrees that it will not argue that this

waiver bars the delendant from filing a motion with the district court pursuant to l8 U.S.C.
$ 3582(cX2) based on that retroactive Guidelines amendment. However,

ifthe delendant files

such a motion, the Govemment may oppose the motion on any other grounds. Furthermore,

should the defendant seek to appeal an adverse ruling ofthe district court on such a motion, the
Govemment may claim that this waiver bars such an appeal. As concems the Section 2255
waiver, the waiver does not prevent claims, either on direct or collateral review, that the
defendant received ineffective assistance of counsel.

22.

No Appeal of Supervised Release Term and Conditions: The parties'

reservation of the rights to present evidence and arguments in this Court conceming the length
and conditions of supervised release is not intended to be inconsistent with the Waiver

ofAppeal

specified above, which includes a waiver ofthe right to appeal to the length and conditions ofthe
period of supervised release.

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Part

23.

9:

Presentence Investigation Report

The defendant requests and consents to the commencement ofa presentence

investigation by probation officers ofthe United States District Court for purposes of preparing a
Presentence Investigation Report at this time and prior to the entry of a formal plea of guilty.

24.

The defendant further requests and consents to the review ofthe defendant's

Presentence Investigation Report

by a Judge, defendant's counsel, the

defendant, and the

Govemment at any time, including prior to entry of a formal plea of guilty.

Part 10: Immisration Cons equences

25.

The defendant recognizes that pleading guilty may have consequences with

respect to the defendant's immigration status

if

the defendant is not a citizen of the United States.

Under federal [aw, a broad range of crimes are removable offenses, including the offenses to

which the defendant is pleading guilty. The defendant also recognizes that removal will not
occur until service of any sentence imposed in this case has been completed. Removal and other

immigration consequences are the subject ofa separate proceeding, however, and the defendant
understands that no one, including the defendant's attomey or the Court, can predict to a

certainty the effect of the conviction in this case on the defendant's immigration status. The
defendant nevertheless affirms that the defendant wants to plead guilty regardless ofany

immigration consequences that this plea may entail, even if the consequence is the defendant's
removal from the United States.

Part

26,

1l:

Stateme nt of the Defendant

By signing this document, the defendant acknowledges the following:

A.

I have received

a copy

ofthe Indictment and have read and discussed it

with my attomey. I believe and feel that I understand every accusation made against me

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in this case. I wish the Court to omit and consider as waived by me all readings ofthe
Indictment/lnformation in open Court, and all further proceedings including my
arraignment.

B.

I have told my attomey the facts and surrounding circumstances as known

to me conceming the matters mentioned in the Indictment, and believe and feel that my
attomey is fully informed as to all such matters. My attomey has since informed,
counseled and advised me as to the nature and cause ofevery accusation against me and
as to any possible defenses

I might have in this

case.

C.

I have read the entire Plea Agreement and discussed it with my attomey.

D.

I understand all the terms of the Plea Agreement and those terms correctly

reflect the results of plea negotiations.

E.

Except for the provisions ofthe Plea Agreement, no officer or agent ofany

branch of Govemment (federal, state or local), nor any other person, has made any
promise or suggestion of any kind to me, or within my knowledge to anyone else, that I

would receive a lighter sentence, or probation, or any other form of leniency, if I would
plead "Guilty." I respectfully request that the Coun consider in mitigation of punishment
at the time ofsentencing the fact that by voluntarily pleading

"Guilty" I have saved the

Govemment and the Court the expense and inconvenience of a trial. I understand that
before it imposes sentence, the Court will address me personally and ask me if I wish to
make a statement on my behalf and to present any information in mitigation

of

punishment.

F.

I am fully satisfied with my attomey's representation during all phases of

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this case. I believe my attomey has done all that anyone could do to counsel and assist
me and that

G.

I fully understand the proceedings in this

case against me.

I make no claim ofinnocence, and I am freely and voluntarily pleading

guilty in this case.

H.

I am pleading guilty as set forth in this Plea Agreement because I am

guilty of the crime(s) to which I am entering my plea.

L

I understand that ifconvicted,

a defendant

who is not a United States

Citizen may be removed from the United States, denied citizenship, and denied admission
to the United States in the future.

J.

My attorney has informed me, and I understand, that I have the right to

appeal any conviction and sentence that I receive, unless I have waived my right to
appeal as part of this Plea Agreement.
understand that I must
the

If I have not waived my right to appeal, I

file a Notice ofAppeal within fourteen (14) days ofthe entry of

judgment in this case; I further understand that the Clerk ofthe Court will prepare and

file a Notice of Appeal on my behalf if I ask that to be done. I also understand that the
United States has the right to appeal any sentence that I receive under this Plea
Agreement.

K.

My attorney has informed me, and I understand, that if, in the context of

the plea hearing and colloquy, presentence investigation interviews, and/or sentencing

hearing, I provide or cause to be provided materially false information to ajudge,
magistrate-judge, or probation office, then Section 3C1.1 of the Sentencing Guidelines

allows the Court to impose a two-level increase in the offense level.

I8

 Case 1:16-cr-00190-SEB-MJD Document 111 Filed 05/14/18 Page 19 of 20 PageID #: 598

L.

Ifthis

cause is currently set for trial on the Court's calendar, I request that

the current trial date be continued to permit the Court to consider this proposed Plea

Agreement. I further understand that any delay resulting from the Court's consideration
of this proposed guilty Plea Agreement, up to and including the date on which the Court
either accepts or rejects my guilty plea, will be excluded in computing the time within

which trial of this cause must commence, pursuant to 18 U.S.C. $ 3161(hX1XG).

Parl l2z Certificate of Counsel
27. By signing this document, the defendant's attomey and counselor certifies as

follows:

A.

I have read and fully explained to the defendant all the accusations against

the Defendant which are set forth in the Indictment in this case;

B.

To the best of my knowledge and beliefeach statement set forth in the

foregoing petition to enter plea of guilty and Plea Agreement is in all respects accurate
and true;

C.

In my opinion, the plea of "Guilty" as offered by the defendant in the

foregoing petition to enter plea of guilty and Plea Agreement is voluntarily and
understandingly made and I recommend to the Court that the plea of "Guilty" be now
accepted and entered on

behalfofthe defendant

enter plea of guilty and Plea Agreement.

19

as requested in the foregoing petition to

 Case 1:16-cr-00190-SEB-MJD Document 111 Filed 05/14/18 Page 20 of 20 PageID #: 599

Pert l3r Filrt Prsvidou

28.

Conplete Agrocoror& Thc &fcndant acknowlcdgor tha
ro thrcfis, promisas, or

Epoesocrtationc havc bccn mado, nor
agrtcmentr rcrchcd, odEr

docuo,'4 to fuducc
hc*to'

thc dcfcndam !o prcad

t}',

thorc eet forrh

h drlr

guilty. Ttis documc4 iochuivc ofany rddardum

is thc comprorc and onry prca Agroornocrt
botrvoen rhe

dof.rd&t,nd tho Unitcd srucr

Amrncy for thc southcrn Dirnricr of Indima rnd is
binding onry on thc parri* to thc prcr

Ag'.,ncng supG.cdcs alr prior undcrstrndings,
if rny, whalrct witicn

or onr, ard

ca,m

bc

modificd crccpt in writing; rignod by rtt prdcs
.nd firc.d wirh thc couG or on thc rpcord in
opcn courl.

RospectfuIly $bminod,

JOSHJ, MINKLER
States

€-n-zary

t C-1

DATE

t.
Arsislrnt Unitcd getcs Attomoy

.s'l{. >?t{

t .
H.Vaglm

DATE

Chicf, Crirninal Divirion

h#208
dtr.yg
DATE

A.
Counrcl

s It, t
DATE

fc

v

\-r-ly

,
DATE

J

20

s.
for