1 2 3 4 5 6 7 8 ANDR? BIROTTE JR. United States Attorney ROBERT E. DUGDALE Assistant United States Attorney Chief, Criminal Division ERIC D. VANDEVELDE (Cal. Bar No. 240699) STEPHANIE S. CHRISTENSEN (Cal. Bar No. 236653) Assistant United States Attorneys Cyber & Intellectual Property Crimes Section 1200 United States Courthouse 312 North Spring Street Los Angeles, California 90012 Telephone: (213) 894-2576/3756 Facsimile: (213) 894-8601 E-mail: eric.vandevelde@usdoj.gov stephanie.christensen@usdoj.gov 9 10 Attorneys for Plaintiff UNITED STATES OF AMERICA 11 UNITED STATES DISTRICT COURT 12 FOR THE CENTRAL DISTRICT OF CALIFORNIA 13 UNITED STATES OF AMERICA, 14 Plaintiff, 15 v. 16 RAYNALDO RIVERA, 17 Defendant. 18 ) CR No. 12-798-JAK ) ) PLEA AGREEMENT FOR DEFENDANT ) RAYNALDO RIVERA ) ) ) ) ) ) ) ) 19 20 1. This constitutes the plea agreement between Raynaldo 21 Rivera ("defendant") and the United States Attorney's Office for 22 the Central District of California ("the USAO") in the 23 above-captioned case. 24 cannot bind any other federal, state, local, or foreign 25 prosecuting, enforcement, administrative, or regulatory 26 authorities. 27 // 28 // This agreement is limited to the USAO and 1 2 3 DEFENDANT'S OBLIGATIONS 2. Defendant agrees to: a. At the earliest opportunity requested by the USAO 4 and provided by the Court, appear and plead guilty to count one 5 of the indictment in United States v. Raynaldo Rivera, CR No. 12- 6 798-JAK, which charges defendant with conspiracy, in violation of 7 18 U.S.C. ? 371, with the object of the conspiracy being to 8 intentionally cause damage without authorization to a protected 9 computer, in violation of 18 U.S.C. ?? 1030(a)(5)(A), 10 (c)(4)(B)(i), (c)(4)(A)(i)(I). 11 b. Not contest facts agreed to in this agreement. 12 c. Abide by all agreements regarding sentencing 13 14 contained in this agreement. d. Appear for all court appearances, surrender as 15 ordered for service of sentence, obey all conditions of any bond, 16 and obey any other ongoing court order in this matter. 17 e. Not commit any crime; however, offenses that would 18 be excluded for sentencing purposes under United States 19 Sentencing Guidelines ("U.S.S.G." or "Sentencing Guidelines") 20 ? 4A1.2(c) are not within the scope of this agreement. 21 22 23 f. Be truthful at all times with Pretrial Services, the United States Probation Office, and the Court. g. Pay the applicable special assessment at or before 24 the time of sentencing unless defendant lacks the ability to pay 25 and prior to sentencing submits a completed financial statement 26 on a form to be provided by the USAO. 27 28 2 1 h. Not seek the discharge of any restitution 2 obligation, in whole or in part, in any present or future 3 bankruptcy proceeding. 4 5 THE USAO'S OBLIGATIONS 3. The USAO agrees to: 6 a. Not contest facts agreed to in this agreement. 7 b. Abide by all agreements regarding sentencing 8 9 contained in this agreement. c. At the time of sentencing, move to dismiss the 10 remaining count of the indictment against defendant. 11 agrees, however, that at the time of sentencing the Court may 12 consider any dismissed charges in determining the applicable 13 Sentencing Guidelines range, the propriety and extent of any 14 departure from that range, and the sentence to be imposed. 15 d. Defendant Except for criminal tax violations (including 16 conspiracy to commit such violations chargeable under 18 U.S.C. 17 ? 371), not further criminally prosecute defendant for violations 18 of 18 U.S.C. ? 1030 arising out of defendant's conduct described 19 in the agreed-to factual basis set forth in paragraph 11 below. 20 Defendant understands that the USAO is free to criminally 21 prosecute defendant for any other unlawful past conduct or any 22 unlawful conduct that occurs after the date of this agreement. 23 Defendant agrees that at the time of sentencing the Court may 24 consider the uncharged conduct in determining the applicable 25 Sentencing Guidelines range, the propriety and extent of any 26 departure from that range, and the sentence to be imposed after 27 consideration of the Sentencing Guidelines and all other relevant 28 factors under 18 U.S.C. ? 3553(a). 3 1 e. At the time of sentencing, provided that defendant 2 demonstrates an acceptance of responsibility for the offense up 3 to and including the time of sentencing, recommend a two-level 4 reduction in the applicable Sentencing Guidelines offense level, 5 pursuant to U.S.S.G. ? 3E1.1, and recommend and, if necessary, 6 move for an additional one-level reduction if available under 7 that section. 8 9 f. Recommend that defendant be sentenced to a term of imprisonment no higher than the low end of the applicable 10 Sentencing Guidelines range, provided that the offense level used 11 by the Court to determine that range is 25 or higher and provided 12 that the Court does not depart downward in offense level or 13 criminal history category. 14 low end of the Sentencing Guidelines range is that defined by the 15 Sentencing Table in U.S.S.G. Chapter 5, Part A. 16 17 For purposes of this agreement, the NATURE OF THE OFFENSE 4. Defendant understands that for defendant to be guilty 18 of the crime charged in count one, that is, conspiracy, in 19 violation of 18 U.S.C. ? 371, the following must be true: 20 (1) beginning in or about May 2011, and ending in or about 21 June 2011, there was an agreement between two or more persons to 22 intentionally and without authorization cause damage to a 23 computer used in or affecting interstate or foreign commerce or 24 communication, in violation of 18 U.S.C. ? 1030(a)(5)(A); (2) 25 defendant became a member of the conspiracy knowing of at least 26 one of its objects and intending to help accomplish it; and (3) 27 one of the members of the conspiracy performed at least one overt 28 act for the purpose of carrying out the conspiracy, with the jury 4 1 2 agreeing on a particular overt act that was committed. 5. Defendant understands that the crime of unauthorized 3 impairment of a protected computer, in violation of 18 U.S.C. 4 ?? 1030(a)(5)(A), (c)(4)(B)(i), (c)(4)(A)(i)(I), requires proof 5 of the following: (1) defendant knowingly caused the transmission 6 of a program, information, a code, or a command to a computer; 7 (2) as a result of the transmission, defendant intentionally and 8 without authorization impaired the integrity or availability of 9 data, a program, a system, or information; (3) the impaired 10 computer was used in or affected interstate or foreign commerce 11 or communication; and (4) the impairment of data, a program, a 12 system, or information resulted in loss to one or more 13 individuals or companies totaling at least $5,000 in value during 14 a one-year period. 15 16 PENALTIES AND RESTITUTION 6. Defendant understands that the statutory maximum 17 sentence that the Court can impose for a violation of 18 U.S.C. 18 ? 371, as charged in count one of the indictment, is: 5 years' 19 imprisonment; a 3-year period of supervised release; a fine of 20 $250,000 or twice the gross gain or gross loss resulting from the 21 offense, whichever is greatest; and a mandatory special 22 assessment of $100. 23 7. Defendant understands that defendant will be required 24 to pay full restitution to the victim(s) of the offense to which 25 defendant is pleading guilty. 26 for the USAO's compliance with its obligations under this 27 agreement, the Court may order restitution to persons other than 28 the victim(s) of the offense to which defendant is pleading Defendant agrees that, in return 5 1 guilty and in amounts greater than those alleged in the counts to 2 which defendant is pleading guilty. 3 agrees that the Court may order restitution to any victim of any 4 of the following for any losses suffered by that victim as a 5 result: any relevant conduct, as defined in U.S.S.G. ? 1B1.3, in 6 connection with the offenses to which defendant is pleading 7 guilty. 8 of restitution is approximately $605,663.67, but recognize and 9 agree that this amount could change based on facts that come to 10 11 In particular, defendant The parties currently believe that the applicable amount the attention of the parties prior to sentencing. 8. Defendant understands that supervised release is a 12 period of time following imprisonment during which defendant will 13 be subject to various restrictions and requirements. 14 understands that if defendant violates one or more of the 15 conditions of any supervised release imposed, defendant may be 16 returned to prison for all or part of the term of supervised 17 release authorized by statute for the offense that resulted in 18 the term of supervised release, which could result in defendant 19 serving a total term of imprisonment greater than the statutory 20 maximum stated above. 21 9. Defendant Defendant understands that, by pleading guilty, 22 defendant may be giving up valuable government benefits and 23 valuable civic rights, such as the right to vote, the right to 24 possess a firearm, the right to hold office, and the right to 25 serve on a jury. 26 accepts defendant's guilty plea, it will be a federal felony for 27 defendant to possess a firearm or ammunition. 28 understands that the conviction in this case may also subject Defendant understands that once the court 6 Defendant 1 defendant to various other collateral consequences, including but 2 not limited to revocation of probation, parole, or supervised 3 release in another case and suspension or revocation of a 4 professional license. 5 collateral consequences will not serve as grounds to withdraw 6 defendant's guilty plea. 7 10. Defendant understands that unanticipated Defendant understands that, if defendant is not a 8 United States citizen, the felony conviction in this case may 9 subject defendant to: removal, also known as deportation, which 10 may, under some circumstances, be mandatory; denial of 11 citizenship; and denial of admission to the United States in the 12 future. 13 be able to, advise defendant fully regarding the immigration 14 consequences of the felony conviction in this case. 15 understands that unexpected immigration consequences will not 16 serve as grounds to withdraw defendant's guilty plea. 17 18 The court cannot, and defendant's attorney also may not Defendant FACTUAL BASIS 11. Defendant admits that defendant is, in fact, guilty of 19 the offense to which defendant is agreeing to plead guilty. 20 Defendant and the USAO agree to the statement of facts provided 21 below and agree that this statement of facts is sufficient to 22 support a plea of guilty to the charge described in this 23 agreement and to establish the Sentencing Guidelines factors set 24 forth in paragraph 13 below but is not meant to be a complete 25 recitation of all facts relevant to the underlying criminal 26 conduct or all facts known to either party that relate to that 27 conduct. 28 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Sony Pictures Entertainment, Inc. ("Sony Pictures"), was a major motion picture and television production company in Los Angeles County, California. Sony Pictures maintained computer systems, including database servers and servers for hosting its website, sonypictures.com, in Los Angeles County. These computer systems were used in and affected interstate and foreign commerce and communication. "Lulz Security," or simply "LulzSec," was a group of computer hackers affiliated with the larger hacking group called "Anonymous." Starting in approximately March 2011, LulzSec conducted cyber attacks on the computer systems of various business and government entities in the United States and throughout the world. LulzSec announced and published confidential information it had stolen during such attacks on its website, lulzsecurity.com, and via its Twitter account, @LulzSec. Defendant was a member of LulzSec who went by the username/nickname "neuron." Defendant also used the online usernames/nicknames "royal" and "wildicv." Other members of LulzSec included, among others, individuals who went by the usernames/nicknames "sabu," "topiary," "t-flow," "kayla," "recursion," "pwnsauce," "joepie," "trollpoll," and "m_nerva." From approximately late May through early June 2011, defendant knowingly combined, conspired, and agreed with other members of LulzSec, including "sabu," "topiary," "tflow," "kayla," "recursion," "pwnsauce," "joepie," "trollpoll," and "m_nerva," to knowingly cause the transmission of codes and commands to the computer systems of Sony Pictures described above, and as a result, intentionally and without authorization impaired and caused damage to such computer systems, in violation of 18 U.S.C. ? 1030(a)(5)(A). Defendant joined LulzSec in approximately May 2011, knowing that LulzSec had previously conducted illegal cyber attacks (including computer intrusions and distributed denial of service attacks) against various individuals and corporate entities, and intending to help LulzSec conduct additional cyber attacks. To that end, defendant, together with other members of LulzSec, committed the following acts, among others: 23 24 25 a. On or about May 23, a proxy service to attempt to Protocol or "IP" address from defendant engaged in criminal (Overt Act #1.) 2011, defendant registered for hide his true Internet law enforcement while activity as part of LulzSec. 26 27 28 b. From approximately May 27, 2011, through June 2, 2011, defendant knowingly caused the transmission of programs, information, codes, and commands, specifically, commands to execute a SQL injection attack against the 8 1 2 3 4 computer systems of Sony Pictures described above, and as a result of such conduct, intentionally and without authorization caused damage by impairing the integrity and availability of data, programs, systems, and information on such systems, including by flooding such systems with SQL commands and stealing confidential data contained on such systems, including personal identifying information for thousands of individuals. (Overt Acts #2 and #3.) 5 6 7 8 9 10 11 12 13 c. On or about June 2, 2011, defendant provided to members of LulzSec confidential information he had stolen from Sony Pictures' computer systems via the SQL injection attack. (Overt Act #4.) Those LulzSec members then published the information on the lulzsecurity.com website and via LulzSec's @LulzSec Twitter account, thereby announcing the attack and making the confidential information publicly available. (Overt Acts #5 and #6.) As a result of defendant's conduct, Sony Pictures suffered losses of approximately $605,663.67 during the oneyear period beginning on approximately May 27, 2011, including to hire computer forensic firms, to staff call centers, and to provide credit monitoring services for individuals whose personal identifying information was compromised. 14 15 SENTENCING FACTORS 12. Defendant understands that in determining defendant's 16 sentence the Court is required to calculate the applicable 17 Sentencing Guidelines range and to consider that range, possible 18 departures under the Sentencing Guidelines, and the other 19 sentencing factors set forth in 18 U.S.C. ? 3553(a). 20 understands that the Sentencing Guidelines are advisory only, 21 that defendant cannot have any expectation of receiving a 22 sentence within the calculated Sentencing Guidelines range, and 23 that after considering the Sentencing Guidelines and the other 24 ? 3553(a) factors, the Court will be free to exercise its 25 discretion to impose any sentence it finds appropriate up to the 26 maximum set by statute for the crime of conviction. 27 28 9 Defendant 1 2 13. Defendant and the USAO agree to the following applicable Sentencing Guidelines factors: 3 Base Offense Level: 4 6 U.S.S.G. ? 2B1.1(a)(2) Specific Offense Characteristics: 5 Loss Amount: +14 U.S.S.G. ? 2B1.1(b)(1)(H) Re: Obtaining or Disseminating Personal Information: +2 U.S.S.G. ? 2B1.1(b)(16) Conviction under ? 1030(a)(5)(A): +4 U.S.S.G. ? 2B1.1(b)(17)(A)(ii) +2 U.S.S.G. ? 3B1.3 6 7 8 9 10 11 Adjustments: Use of Special Skill: 12 13 Defendant and the USAO reserve the right to argue that additional 14 specific offense characteristics, adjustments, and departures 15 under the Sentencing Guidelines are appropriate. 16 17 18 14. Defendant understands that there is no agreement as to defendant's criminal history or criminal history category. 15. Defendant and the USAO reserve the right to argue for a 19 sentence outside the sentencing range established by the 20 Sentencing Guidelines based on the factors set forth in 18 U.S.C. 21 ? 3553(a)(1), (a)(2), (a)(3), (a)(6), and (a)(7). 22 23 24 WAIVER OF CONSTITUTIONAL RIGHTS 16. Defendant understands that by pleading guilty, defendant gives up the following rights: 25 a. The right to persist in a plea of not guilty. 26 b. The right to a speedy and public trial by jury. 27 c. The right to be represented by counsel -- and if 28 necessary have the court appoint counsel -- at trial. 10 Defendant 1 understands, however, that, defendant retains the right to be 2 represented by counsel -- and if necessary have the court appoint 3 counsel -- at every other stage of the proceeding. 4 d. The right to be presumed innocent and to have the 5 burden of proof placed on the government to prove defendant 6 guilty beyond a reasonable doubt. 7 8 e. The right to confront and cross-examine witnesses against defendant. 9 f. The right to testify and to present evidence in 10 opposition to the charges, including the right to compel the 11 attendance of witnesses to testify. 12 g. The right not to be compelled to testify, and, if 13 defendant chose not to testify or present evidence, to have that 14 choice not be used against defendant. 15 h. Any and all rights to pursue any affirmative 16 defenses, Fourth Amendment or Fifth Amendment claims, and other 17 pretrial motions that have been filed or could be filed. 18 19 WAIVER OF APPEAL OF CONVICTION 17. Defendant understands that, with the exception of an 20 appeal based on a claim that defendant's guilty plea was 21 involuntary, by pleading guilty defendant is waiving and giving 22 up any right to appeal defendant's conviction on the offense to 23 which defendant is pleading guilty. 24 25 LIMITED MUTUAL WAIVER OF APPEAL OF SENTENCE 18. Defendant agrees that, provided the Court imposes a 26 total term of imprisonment on all counts of conviction of no more 27 than 60 months, defendant gives up the right to appeal all of the 28 following: (a) the procedures and calculations used to determine 11 1 and impose any portion of the sentence; (b) the term of 2 imprisonment imposed by the Court; (c) the fine imposed by the 3 court, provided it is within the statutory maximum; (d) the 4 amount and terms of any restitution order, provided it requires 5 payment of no more than $605,663.67; (e) the term of probation or 6 supervised release imposed by the Court, provided it is within 7 the statutory maximum; and (f) any of the following conditions of 8 probation or supervised release imposed by the Court: the 9 conditions set forth in General Orders 318, 01-05, and/or 05-02 10 of this Court; the drug testing conditions mandated by 18 U.S.C. 11 ?? 3563(a)(5) and 3583(d); and the alcohol and drug use 12 conditions authorized by 18 U.S.C. ? 3563(b)(7). 13 19. The USAO agrees that, provided (a) all portions of the 14 sentence are at or below the statutory maximum specified above 15 and (b) the Court imposes a term of imprisonment of no less than 16 57 months, the USAO gives up its right to appeal any portion of 17 the sentence, with the exception that the USAO reserves the right 18 to appeal the amount of restitution ordered if that amount is 19 less than $605,663.67. 20 21 RESULT OF WITHDRAWAL OF GUILTY PLEA 20. Defendant agrees that if, after entering a guilty plea 22 pursuant to this agreement, defendant seeks to withdraw and 23 succeeds in withdrawing defendant's guilty plea on any basis 24 other than a claim and finding that entry into this plea 25 agreement was involuntary, then (a) the USAO will be relieved of 26 all of its obligations under this agreement; and (b) should the 27 USAO choose to pursue any charge that was either dismissed or not 28 filed as a result of this agreement, then (i) any applicable 12 1 statute of limitations will be tolled between the date of 2 defendant's signing of this agreement and the filing commencing 3 any such action; and (ii) defendant waives and gives up all 4 defenses based on the statute of limitations, any claim of pre- 5 indictment delay, or any speedy trial claim with respect to any 6 such action, except to the extent that such defenses existed as 7 of the date of defendant's signing this agreement. 8 9 RESULT OF VACATUR, REVERSAL OR SET-ASIDE 21. Defendant agrees that if the count of conviction is 10 vacated, reversed, or set aside, both the USAO and defendant will 11 be released from all their obligations under this agreement. 12 13 EFFECTIVE DATE OF AGREEMENT 22. This agreement is effective upon signature and 14 execution of all required certifications by defendant, 15 defendant's counsel, and an Assistant United States Attorney. 16 17 BREACH OF AGREEMENT 23. Defendant agrees that if defendant, at any time after 18 the signature of this agreement and execution of all required 19 certifications by defendant, defendant's counsel, and an 20 Assistant United States Attorney, knowingly violates or fails to 21 perform any of defendant's obligations under this agreement ("a 22 breach"), the USAO may declare this agreement breached. 23 defendant's obligations are material, a single breach of this 24 agreement is sufficient for the USAO to declare a breach, and 25 defendant shall not be deemed to have cured a breach without the 26 express agreement of the USAO in writing. 27 this agreement breached, and the Court finds such a breach to 28 have occurred, then: (a) if defendant has previously entered a 13 All of If the USAO declares 1 guilty plea pursuant to this agreement, defendant will not be 2 able to withdraw the guilty plea, and (b) the USAO will be 3 relieved of all its obligations under this agreement. 4 24. Following the Court's finding of a knowing breach of 5 this agreement by defendant, should the USAO choose to pursue any 6 charge that was either dismissed or not filed as a result of this 7 agreement, then: 8 9 10 11 a. Defendant agrees that any applicable statute of limitations is tolled between the date of defendant's signing of this agreement and the filing commencing any such action. b. Defendant waives and gives up all defenses based 12 on the statute of limitations, any claim of pre-indictment delay, 13 or any speedy trial claim with respect to any such action, except 14 to the extent that such defenses existed as of the date of 15 defendant's signing this agreement. 16 c. Defendant agrees that: (i) any statements made by 17 defendant, under oath, at the guilty plea hearing (if such a 18 hearing occurred prior to the breach); (ii) the agreed to factual 19 basis statement in this agreement; and (iii) any evidence derived 20 from such statements, shall be admissible against defendant in 21 any such action against defendant, and defendant waives and gives 22 up any claim under the United States Constitution, any statute, 23 Rule 410 of the Federal Rules of Evidence, Rule 11(f) of the 24 Federal Rules of Criminal Procedure, or any other federal rule, 25 that the statements or any evidence derived from the statements 26 should be suppressed or are inadmissible. 27 28 14 1 2 COURT AND PROBATION OFFICE NOT PARTIES 25. Defendant understands that the Court and the United 3 States Probation Office are not parties to this agreement and 4 need not accept any of the USAO's sentencing recommendations or 5 the parties' agreements to facts or sentencing factors. 6 26. Defendant understands that both defendant and the USAO 7 are free to: (a) supplement the facts by supplying relevant 8 information to the United States Probation Office and the Court, 9 (b) correct any and all factual misstatements relating to the 10 Court's Sentencing Guidelines calculations and determination of 11 sentence, and (c) argue on appeal and collateral review that the 12 Court's Sentencing Guidelines calculations and the sentence it 13 chooses to impose are not error, although each party agrees to 14 maintain its view that the calculations in paragraph 13 are 15 consistent with the facts of this case. 16 permits both the USAO and defendant to submit full and complete 17 factual information to the United States Probation Office and the 18 Court, even if that factual information may be viewed as 19 inconsistent with the facts agreed to in this agreement, this 20 paragraph does not affect defendant's and the USAO's obligations 21 not to contest the facts agreed to in this agreement. 22 27. While this paragraph Defendant understands that even if the Court ignores 23 any sentencing recommendation, finds facts or reaches conclusions 24 different from those agreed to, and/or imposes any sentence up to 25 the maximum established by statute, defendant cannot, for that 26 reason, withdraw defendant's guilty plea, and defendant will 27 remain bound to fulfill all defendant's obligations under this 28 agreement. Defendant understands that no one -- not the 15 1 prosecutor, defendant's attorney, or the Court -- can make a 2 binding prediction or promise regarding the sentence defendant 3 will receive, except that it will be within the statutory 4 maximum. 5 NO ADDITIONAL AGREEMENTS 6 28. Defendant understands that, except as set forth herein, 7 there are no promises, understandings, or agreements between the 8 USAO and defendant or defendant's attorney, and that no 9 additional promise, understanding, or agreement may be entered 10 into unless in a writing signed by all parties or on the record 11 in court. 12 /// 13 /// 14 /// 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING 29. The parties agree that this agreement will be considered part of the record of defendant's guilty plea hearing as if the entire agreement had been read into the record of the proceeding. AGREED AND ACCEPTED UNITED STATES OFFICE FOR THE CENTRAL DISTRICT OF CALIFORNIA ANDRE BIROTTE JR. United States Attorney ERIC . DEVELDE STEPHANIE S. CHRISTENSEN Assistant United States Attorneys RAYNALDO RIVERA Defendant JASON S. LEIDERMAN Attorney for Defendant Raynaldo Rivera 17 Date Date PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING 29. The parties agree that this agreement will be considered part of the record of defendant's guilty plea hearing as if the entire agreement had been read into the record of the proceeding. AGREED AND ACCEPTED UNITED STATES OFFICE FOR THE CENTRAL DISTRICT OF CALIFORNIA ANDRE BIROTTE JR. United States Attorney ERIC D. VANDEVELDE Date STEPHANIE S. CHRISTENSEN Assistant United States Attorneys LDO RIVERA Date Defendant JASON s. LEIDERMAN Date Attorney for Defendant Raynaldo Rivera 17 PLEA AGREEMENT PART OF THE GUILTY PLEA HEARING 29. The parties agree that this agreement will be considered part of the record of defendant's guilty plea hearing as if the entire agreement had been read into the record of the proceeding. AGREED AND ACCEPTED UNITED STATES FOR THE CENTRAL DISTRICT OF CALIFORNIA ANDRE EIROTTE JR. United States Attorney ERIC D. VANDEVELDE STEPHANIE S. CHRISTENSEN "Assistant United States Attorneys RAYNALDO RIVERA Defendant JASON S. ID RMAN Attorney efendant iv Raynaldo a 17 Date Date ZDII Date CERTIFICATION OF DEFENDANT I have read this agreement in its entirety. I have had enough time to review and consider this agreement, and I have carefully and thoroughly discussed every part of it with my and I attorney. I understand the terms of this agreement, voluntarily agree to those terms. I have discussed the evidence with my attorney, and my attorney has advised me of my rights, of possible pretrial motions that might be filed, of possible defenses that might be asserted either prior to or at trial, of the sentencing factors set forth in 18 U.S.C. 3553(a), of relevant Sentencing Guidelines provisions, and of the consequences of entering into this agreement. No promises, inducements, or representations of any kind have been made to me other than those contained in this agreement. No one has threatened or forced me in any way to enter into this agreement. I am satisfied with the representation of my attorney in this matter, and I am pleading guilty because I am guilty of the charges and wish to take advantage of the promises set forth in this agreement, RAYNALDO Defendant and not for any other reason. Date 18 IDERMAN Attorn or Defendant CERTIFICATION OF ATTORNEY I am Raynaldo Rivera's attorney. I have carefully and thoroughly discussed every part of this agreement with my client. Further, I have fully advised my client of his rights, of possible pretrial motions that might be filed, of possible defenses that might be asserted either prior to or at trial, of the sentencing factors set forth in 18 U.S.C. 3553(a), of relevant Sentencing Guidelines provisions, and of the consequences of entering into this agreement. To my knowledge: no promises, inducements, or representations of any kind have been made to my client other than those contained in this agreement; no one has threatened or forced my client in any way to enter into this agreement; my client's decision to enter into this agreement is an informed and voluntary one; and the factual basis set forth in-this agreement is sufficient to support my client's entry of a guilty plea pursuant to this agreement. 5 01106272 Zofl Date Raynaldo ivera 19