Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.60 Page 1 of 14 ADAM L. BRAVERMAN United States Attorney 2 ANDREW R. HADEN Assistant United States Attorney 3 California Bar No. 258436 Federal Off ice Building 4 880 Front Street, Room 6293 San Diego, California 92101-8893 5 Attorneys for United States of America FILED 1 OCT 0 1 2018 CLERK, U.S. DISTRICT COURT SOUTH N DISTRICT OF CALIFORNIA BY DEPUTY 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 Case No. UNITED STATES OF AMERICA, 18-CR-2460-BAS Plaintiff, 10 PLEA AGREEMENT v. 11 12 CHAD CLAY KIPPER, Defendant. 13 14 IT IS HEREBY AGREED between the plaintiff, UNITED STATES OF 15 AMERICA, through its counsel, Adam L. Braverman, United States Attorney, 16 and Andrew R. Haden, Assistant United States Attorney, and defendant, 17 CHAD CLAY KIPPER, with the advice and consent of Jeremy Warren, counsel 18 for defendant, as follows: 19 I 20 THE PLEA 21 22 23 24 25 26 27 Defendant agrees to plead guilty to Count Two of the Information charging defendant with: On or about October 7, 2016, within the Southern District of California, Chad Clay KIPPER, a person not having a valid Federal Firearm License, did knowingly purchase in the State of Arizona and then intentionally transport into the State of California, a firearm, to wit: a Sig Sauer, Model MCX, 5.56/.223 caliber, semi-automatic pistol, bearing serial number 63F000220; in violation of Title 18, United States Code, Section 922 (a) (3). 28 Def. Initials L 1 Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.61 Page 2 of 14 The Government agrees further to: remaining 2 filed charges prosecute defendant against family) (or other members of his (2) and defendant, the any and all dismiss (1) 1 not thereafter 3 based 4 change-of-plea or based on the items seized from the defendant's 5 Carlsbad residence on April 19, 6 on evidence known to the plea agreement or the the Government 2018, at 8 waives guilty plea entered pursuant to this Defendant expressly constitutional and defenses statutory In addition, defendant agrees that the to the provisions of the attached forfeiture addendum shall govern forfeiture in this case. 11 II 12 NATURE OF THE OFFENSE 13 A. 14 Defendant 15 the reinstatement of any charges dismissed pursuant to this agreement. 9 10 all of time unless defendant breaches plea agreement is set aside for any reason. 7 the ELEMENTS EXPLAINED understands that the offense to which defendant is pleading guilty has the following elements: 16 1. The defendant was not licensed as a firearms dealer; and 17 2. The defendant willfully transported into the state in which the defendant resided, a Sig Sauer, Model MCX, 5.56/.223 caliber, semi-automatic pistol, bearing serial number 63F000220, that the defendant purchased or otherwise obtained outside the state. 18 19 20 21 B. 22 Defendant has fully discussed the facts of this case with defense ELEMENTS UNDERSTOOD AND ADMITTED - 23 counsel. 24 and admits 25 following facts are true and undisputed: 26 II 27 / / FACTUAL BASIS Defendant has committed each of the elements of the crime, that there is a factual basis for this guilty plea. 28 2 Def. The Initials~ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.62 Page 3 of 14 1. On or about October 7, 2016, the defendant CHAD CLAY KIPPER ("KIPPER"), was not a licensed firearms dealer; 2. On or about October 7, 2016, KIPPER traveled from California - his state of residence - to Jones & Jones, located in the State of Arizona; 3. The defendant agrees, that the United States could prove, that Jones & Jones is a licensed firearms dealer located in the State of Arizona; 4. On or about October 7, 2016, the defendant presented an Identification Card from the State of Arizona. The Arizona Identification card was in the name of CHAD CLAY KIPPER and also indicated that his residence was not in California. Instead, the card represented that KIPPER was an Arizona resident who lived at 268 S Big Springs Road, Williams, Arizona, 86046. In reality, that address was an empty lot with no residence on the property. While completing the firearm transaction, KIPPER was also required to fill out ATF Form 4473. On October 7, 2016, on the Form 4473 KIPPER listed 809 W Riordan Road, Suite 100, Flagstaff, Arizona, 86001, as his current residence. In reality, that address was a business location for a Mail Box Plus. ATF Form 44 73 states that the address cannot be a post office box; 5. At the time that KIPPER presented the identification card, and filled out the ATF Form 4473, he knew that he was not a resident of Arizona. KIPPER made the intentional misrepresentation so that he could complete the purchase of a firearm. Specifically, a Sig Sauer, Model MCX, 5. 56/. 223 caliber, semi-automatic pistol, bearing serial number 63F000220 (the "firearm"); 6. After purchasing the firearm, the defendant willfully transported the firearm from Arizona to his true residence in California; 7. KIPPER agrees, that the United States could prove, that he made similar misrepresentations to FFL's in Arizona to acquire approximately thirteen additional firearms. 8. KIPPER further agrees that he was previously registered with the California Secretary of State as the Chief Executive Office of the Freedom Fighters Foundation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Def. Initials g___ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.63 Page 4 of 14 1 III 2 PENALTIES 3 4 Defendant understands that the crime to which defendant is pleading guilty carries the following penalties: 5 A. a maximum 5 years in prison; 6 B. a maximum $250,000 fine; 7 C. a mandatory special assessment of $100 per count; 8 D. a term of supervised release of no more than 3 years. Defendant understands that failure to comply with any of the conditions of supervised release may result in revocation of supervised release, requiring defendant to serve in prison, upon any such revocation, all or part of the statutory maximum term of supervised release for the offense that resulted in such term of supervised release; and E. forfeiture offense. 9 10 11 12 13 of all firearms and arnrnuni ti on involved in the 14 IV 15 DEFENDANT'S WAIVER OF TRIAL RIGHTS 16 Defendant understands that this guilty plea waives the right to: 17 18 A. 19 B. C. D. E. 20 21 22 F. 23 G. 24 25 26 Continue to plead not guilty and require the Government to prove the elements of the crime beyond a reasonable doubt; A speedy and public trial by jury; The assistance of counsel at all stages of trial; Confront and cross-examine adverse witnesses; Testify and present evidence and to have witnesses testify on behalf of defendant; and, Not testify or have any adverse inferences drawn from the failure to testify. Defendant knowingly and voluntarily waives any rights and defenses defendant may have under the Excessive Fines Clause of the Eighth Amendment to the United States Constitution to the forfeiture of property in this proceeding or any related civil proceeding. 27 28 :·~ 4 Def. Initials~ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.64 Page 5 of 14 1 v 2 DEFENDANT ACKNOWLEDGES NO PRETRIAL RIGHT TO BE PROVIDED WITH IMPEACHMENT AND AFFIRMATIVE DEFENSE INFORMATION 3 The Government represents 4 5 6 7 8 9 10 11 12 13 14 15 16 that any information establishing the factual innocence of defendant known to the undersigned prosecutor in this case has been turned over to defendant. The Government will continue to provide such information establishing the factual innocence of defendant. Defendant understands that if this case proceeded to trial, Government would be required to provide impeachment the information relating to any informants or other witnesses. In addition, if defendant raised provide an affirmative defense, the Government information in its possession that would be supports required such a to defense. Defendant acknowledges, however, that by pleading guilty defendant will not be provided this information, if any, and defendant also waives the right to this information. Finally, defendant agrees not to attempt to withdraw the guilty plea or to file a collateral attack based on the 17 18 existence of this information. VI 19 DEFENDANT'S REPRESENTATION THAT GUILTY PLEA IS KNOWING AND VOLUNTARY 20 21 Defendant represents that: 22 A. 23 24 25 26 27 Defendant has had a full opportunity to discuss all the facts and circumstances of this case with defense counsel and has a clear understanding of the charges and the consequences of this plea. Defendant understands that, by pleading guilty, defendant may be giving up, and rendered ineligible to receive, valuable government benefits and civic rights, such as the right to vote, the right to possess a firearm, the right to hold office, and the right to serve on a jury. Defendant further understands that the conviction in this case may subject defendant to various collateral 28 5 Def. Initials (J( Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.65 Page 6 of 14 consequences, including but not limited to deportation, removal or other adverse immigration consequences; revocation of probation, parole, or supervised release in another case; debarment from government contracting; and suspension or revocation of a professional license, none of which will serve as grounds to withdraw defendant's guilty plea. 1 2 3 4 B. No one has made any promises or offered any rewards in return for this guilty plea, other than those contained in this agreement or otherwise disclosed to the Court. c. No one has threatened defendant induce this guilty plea. D. Defendant is pleading guilty because in truth and in fact defendant is guilty and for no other reason. 5 6 7 or defendant's family to 8 9 10 VII 11 AGREEMENT LIMITED TO U.S. ATTORNEY'S OFFICE SOUTHERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 This plea agreement is limited to the United States Attorney's Office for the Southern District of California, other federal, state regulatory authorities, or prosecuting, local and cannot bind any administrative, or although the Government will bring this plea agreement to the attention of other authorities if requested by the defendant. 19 VIII 20 APPLICABILITY OF SENTENCING GUIDELINES 21 Defendant understands the sentence imposed will be based on the 22 factors set forth in 18 U.S.C. § 3553(a). Defendant understands further 23 that in imposing the sentence, 24 United States Sentencing Guidelines 25 account. 26 and understands that the Guidelines are only advisory, not mandatory, 27 and the Court may impose a sentence more severe or less severe than the sentencing judge must consult the (Guidelines) and take them into Defendant has discussed the Guidelines with defense counsel 28 6 Def. Initials ~~ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.66 Page 7 of 14 1 otherwise applicable under the Guidelines, 2 statute of conviction. 3 cannot be determined until a presentence report has been prepared by 4 the U.S. 5 had an opportunity to 6 Nothing up to the maximum in the Defendant understands further that the sentence Probation Office and defense counsel and the Government have in this plea review and challenge agreement shall be the pre sentence construed as report. limiting the 7 Government's duty to provide complete and accurate facts to the district 8 court and the U.S. Probation Office. 9 10 IX 11 SENTENCE IS WITHIN SOLE DISCRETION OF JUDGE 12 This plea agreement is made pursuant to Federal Rule of Criminal 13 Procedure 11 (c) (1) (B). 14 within the sole discretion of the sentencing judge. 15 not made 16 defendant will receive. 17 may impose the maximum sentence provided by statute, and is also aware 18 that any estimate of the probable sentence by defense counsel is a 19 prediction, not a promise, and is not binding on the Court. 20 the recommendation made by the Government is not binding on the Court, 21 and it is uncertain at this time what defendant's sentence will be. 22 Defendant also has been advised and understands that if the sentencing 23 judge does not follow any of the parties' sentencing recommendations, 24 defendant nevertheless has no right to withdraw the plea. 25 II 26 II 27 II 28 II and will Defendant not make any understands that the sentence is The Government has representation as to what sentence Defendant understands that the sentencing judge 7 Def. Likewise, Initials~ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.67 Page 8 of 14 1 x 2 PARTIES' SENTENCING RECOMMENDATIONS SENTENCING GUIDELINE CALCULATIONS 3 A. 4 Although the parties understand that the Guidelines are only 5 advisory and just one of the factors the Court will consider under 18 6 U.S. C. 7 recommend g Characteristics, Adjustments and Departures: 9 § 3553 (a) 10 imposing following the 1. 2. 3. in a sentence, Base the parties Level, Offense will Specific Base Offense Level [§ 2K2.l(a) (7)] 8-24 Firearms [§ 2K2.1] Acceptance of Responsibility [§ 3El.1] B. 12 -3 13 14 15 16 17 ACCEPTANCE OF RESPONSIBILITY Notwithstanding paragraph A.3 above, 13 if defendant 1. 26 27 inconsistent conduct with of acceptance Fails to truthfully admit a complete factual basis as falsely denies, or makes a statement inconsistent with, the factual basis set forth in this agreement; 2. Falsely denies prior criminal conduct or convictions; 3. Is untruthful with the Government, the Court or probation officer; or 23 25 in stated in the plea at the time the plea is entered, or 20 24 engages responsibility including, but not limited to, the following: 19 22 the Government will not be obligated to recommend any adjustment for Acceptance of Responsibility 18 21 Offense +4 11 12 jointly 4. Materially breaches this plea agreement in any way. 5. Contests or assists any third party in contesting the forfeiture of property (ies) this case, and any seized in connection with property(ies) to which 28 8 Def. Initials the ~ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.68 Page 9 of 14 1 defendant 2 attached forfeiture addendum. 3 6 7 9 10 11 12 13 14 15 16 to forfeit as set forth FURTHER ADJUSTMENTS AND SENTENCE REDUCTIONS INCLUDING THOSE UNDER 18 U.S.C. § 3553 The parties agree that defendant may request or in the recommend additional downward adjustments, departures, including criminal history departures under USSG § 4Al.3, § 8 agreed c. 4 5 has 3553. The Government will or sentence reductions under 18 U.S.C. oppose any such downward adjustments, departures and sentence reductions not set forth in Section X, paragraph A above. D. NO AGREEMENT AS TO CRIMINAL HISTORY CATEGORY The parties have no agreement as to defendant's Criminal History Category. E. "FACTUAL BASIS" AND "RELEVANT CONDUCT" INFORMATION The parties agree that the facts in the "factual basis" paragraph of this agreement are true, and may be considered as "relevant conduct'' under USSG § lBl.3 and as the nature and circumstances of the offense 17 under 18 U.S. C. § 3 5 5 3 (a) ( 1) . 18 F. PARTIES' RECOMMENDATIONS REGARDING CUSTODY 19 The parties agree that the Government will recommend that defendant 20 be sentenced to a three-year term of probation. 21 G. FINE/SPECIAL ASSESSMENT 22 1. Fine 23 The parties will jointly recommend that defendant pay no fine. 24 2. Special Assessment. 25 The parties will jointly recommend that defendant pay a special 26 assessment in the amount of $100.00 per felony count of conviction, to 27 be paid forthwith at time of sentencing. The special assessment shall 28 9 Def. Initials ~ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.69 Page 10 of 14 1 be paid through the office of the Clerk of the District Court by bank 2 or cashier's check or money order made payable to the "Clerk, 3 States District Court." United SUPERVISED RELEASE 4 H. 5 If the Court imposes a term of supervised release, defendant agrees 6 that he will not later seek to reduce or terminate early the term of 7 supervised release until he has served at 8 supervised 9 assessments, release and fine, The has fully and forfeiture criminal United paid States is also least 2/3 of his satisfied judgment aware that any and the term of special restitution defendant may 10 judgment. 11 request to have his supervision transferred to another jurisdiction. 12 The United States agrees that it will support that request. 13 XI 14 DEFENDANT WAIVES APPEAL AND COLLATERAL ATTACK In 15 exchange for the Government's concessions in this 16 agreement, defendant waives, 17 to or 18 restitution order, except a post-conviction collateral attack based on 19 a 20 waives, 21 collaterally attack the sentence, 22 attack based on a claim of ineffective assistance of counsel, 23 the 24 guideline range recommended by the Government pursuant to this agreement 25 at the time of sentencing, excluding any recommended variance. 26 custodial sentence is greater than the high end of that range, defendant 27 may appeal, 28 sentence appeal claim of to Court to collaterally ineffective the to the full extent of the law, plea full imposes a attack assistance extent of custodial the of the conviction counsel. law, any and The right any right any lawful defendant to appeal also or to except a post-conviction collateral sentence above the high end unless of the If the but the Government will be free to support on appeal the actually imposed. If defendant 10 believes the Govermn&' s Def. Initials . { Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.70 Page 11 of 14 1 recommendation is not 2 will object at the time of sentencing; otherwise the objection will be 3 deemed waived. If at any 4 in accord with this plea agreement, time defendant files a notice of appeal, defendant appeals or 5 collaterally attacks the conviction or sentence in violation of this 6 plea 7 agreement as further defined below. agreement, said violation shall be a material 8 XII 9 BREACH OF THE PLEA AGREEMENT 10 Defendant acknowledges, breach of this understands and agrees that if defendant 11 violates or fails to perform any of defendant's obligations under this 12 agreement, 13 material breach of this agreement. 14 Defendant 15 following non-exhaustive 16 constitutes a material breach of this plea agreement: such violation acknowledges, or failure understands to and perform agrees may constitute further that the list of conduct by defendant unquestionably 17 1. Failing to plead guilty pursuant to this agreement; 18 2. Failing to fully accept responsibility as established in Section X, paragraph B, 19 above; 20 3. Failing to appear in court; 21 4. Attempting to withdraw the plea; 22 5. Failing to abide by any lawful court order related to this case; 23 24 6. Appealing or collaterally attacking the sentence or 25 conviction in violation of Section XI of this plea 26 agreement; or 27 28 7. a Engaging in additional criminal conduct from the time of arrest until the time of sentencing. 11 Def. Initials Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.71 Page 12 of 14 1 In the event of defendant's material breach of this plea agreement, 2 defendant will not be able to enforce any of its provisions, 3 Government will 4 agreement. 5 those that were dismissed, promised to be dismissed, or not filed as a 6 result 7 limitations relating to such charges is tolled as of the date of this 8 agreement; 9 charges). be relieved of all its obligations under this plea For example, the Government may pursue any charges including of this agreement (defendant agrees that any statute of defendant also waives any double jeopardy defense to such In addition, the Government may move to set aside defendant's Defendant may not withdraw the guilty plea based on the 10 guilty plea. 11 Government's pursuit of remedies for defendant's breach. Additionally, 12 and the defendant agrees that in the event of defendant's 13 material breach of 14 defendant, 15 Magistrate Judge or a District Judge); 16 statement in this agreement; and (iii) 17 statements, are admissible against defendant in any prosecution of, or 18 any action against, 19 charge(s) 20 that 21 agreement, 22 defendant. 23 intelligently waives any argument under the United States Constitution, 24 any statute, 25 the Federal Rules of Criminal Procedure, and/or any other federal rule, 26 that the statements or any evidence derived from any statements should 27 be suppressed or are inadmissible. under this oath, plea at agreement: the defendant. ( i) any statements made by guilty plea hearing (before either a (ii) the stipulated factual basis any evidence derived from such This includes the prosecution of the that is the subject of this plea agreement or any charge(s) the prosecution agreed to dismiss but later pursues Additionally, because defendant or not of a as part of this file material knowingly, breach voluntarily, Rule 410 of the Federal Rules of Evidence, Rule ll(f) 28 12 by Def. Initials the and of _et_ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.72 Page 13 of 14 1 XIII 2 ENTIRE AGREEMENT 3 4 This plea agreement embodies the entire agreement parties and supersedes any other agreement, written or oral. 5 XIV 6 MODIFICATION OF AGREEMENT MUST BE IN WRITING 7 8 between the No modification of this plea agreement shall be effective unless in writing signed by all parties. xv 9 10 DEFENDANT AND COUNSEL FULLY UNDERSTAND AGREEMENT 11 By signing this agreement, defendant certifies that defendant has 12 read it (or that it has been read to defendant in defendant's native 13 language). 14 defense counsel and fully understands its meaning and effect. 15 II 16 II 17 II 18 II 19 II 20 II 21 II 22 II 23 II 24 II 25 II 26 II 27 II 28 II Defendant has discussed the terms of this agreement with 13 Def. Initials .tff___ Case 3:18-cr-02460-BAS Document 21 Filed 10/01/18 PageID.73 Page 14 of 14 1 XVI 2 DEFENDANT SATISFIED WITH COUNSEL 3 Defendant has consulted with counsel and is satisfied 4 counsel's representation. 5 his counsel did not advise him about what to say in this regard. with This is defendant's independent opinion, and 6 LAURA E. DUFFY United States Attorney 7 8 \ 9 DATED 1\~ l ~\ £6 \ 10 10/, r,~ 11 12 EMY WARREN ense Counsel DATED 13 14 15 IN ADDITION TO THE FOREGOING PROVISIONS TO WHICH I AGREE, I SWEAR UNDER PENALTY OF PERJURY THAT THE FACTS IN THE "FACTUAL BASIS" SECTION ABOVE ARE TRUE. 16 17 18 DATED UAJ rl · CLAY~~R CHAD Defendant 19 20 21 22 23 24 25 26 27 28 14 Def. Initials~- Case 3:18-cr-02460-BAS Document 21-1 Filed 10/01/18 PageID.74 Page 1 of 5 1 FORFEITURE ADDENDUM TO PLEA AGREEMENT 2 United States v. Chad Clay Kipper 3 Case No. 18-CR-2460-BAS Defendant 4 understands and agrees that this forfeiture 5 addendum to the plea agreement will be filed with the Court at the 6 same time as the filing of the main plea agreement. The Court at 7 the time of the Fed. R. Crim. P. Rule 11 plea colloquy will have 8 both the main plea agreement and this addendum before the Court, 9 and any reference during the hearing to the "plea agreementu will 10 be understood to be a reference to the main plea agreement 11 together with this 12 Court is aware of and is considering both the plea agreement and 13 this addendum at the Rule 11 hearing. addendum. Both parties will insure that the If this issue is not raised 14 by either party at the Rule 11 hearing, any objection relating to 15 that issue will be considered waived. 16 I, the defendant, certify that I have read the preceding 17 paragraph (or it has been read to me in my native language) , and 18 that I have discussed it with my counsel and fully understand its 19 meaning and effect. I am satisfied with counsel's representation. 20 21 22 Date Defendant 23 Acknowledgment by Counsel: 24 25 26 27 28 Date loll( JER MY WARREN D f nse Counsel Case 3:18-cr-02460-BAS Document 21-1 Filed 10/01/18 PageID.75 Page 2 of 5 1 A. 2 In 3 Information, 4 Defendant agrees to forfeit to the United States: 5 1: 6 7 2: 8 3: 11 the main the agreement, FIREARM: RIFLE, MNF: ISRAEL WEAPON IND- IWI (ISRAEL MILITARY IND- IMI), MODEL: TAVOR X95, CAL: 556, SN: T0050897; FIREARM: RIFLE, MNF: SPRINGFIELD ARMORY, MlA, CAL: 308, SN: 396559; GENESEO,IL, MODEL: TYPE: FIREARM: RIFLE, MNF: ANDERSON MANUFACTURING, RECEIVER/FRAME, MODEL: AM-15, CAL: MULTI, SN: 15288881; 6: FIREARM: RIFLE, MNF: CENTURY ARMS INTERNATIONAL, C308 SPORTER, CAL: 308, SN: C308E07991; SIG-SAUER, MODEL: MPX, CAL: MODEL: 9, SN: FIREARM: RIFLE, 62B038924; MNF: 8: FIREARM: RIFLE, SN: 63F000244; MNF: 9: FIREARM: RIFLE, MNF: 762, SN: K-2742-79; 10: FIREARM: RIFLE, MNF: ANDERSON MANUFACTURING, TYPE: RECEIVER/FRAME, MODEL: AM-15, CAL: MULTI, SN: 15288861; SIG-SAUER, MODEL: ROMARM/CUGIR, SIG MCX, MODEL: FIREARM: RIFLE, MNF: ADCOR INDUSTRIES MODEL: ADC15, CAL: 556, SN: AD00040; CAL: 5 5 6, PSL-54C, CAL: INC, TYPE: FIREARM: HANDGUN, MNF: KELTEC, CNC INDUSTRIES, PISTOL, MODEL: PMR-30, CAL: 22, SN: WOJ19; 13: FIREARM: RIFLE, BUILDING PLANT) , 11VBK7825; 14: ADAMS ARMS, LLC, TYPE: PISTOL, MODEL: FIREARM: HANDGUN, MNF: AAP, CAL: MULTI, SN: AATMP0000727; 15: SMITH & WESSON, FIREARM: HANDGUN, MNF: M&P 40, CAL: 40, SN: HSJ1670; MNF: TYPE: INC., RIFLE, 12: 26 27 of of 5: 24 25 I Two AM-15, 21 23 Section Count MODEL: 20 11: 22 in to FIREARM: RIFLE, MNF: ANDERSON MANUFACTURING, CAL: MULTI, SN: 16138104; 18 19 forth guilty 4: 15 17 set pleading AM-15, 14 7: 16 as to MODEL: 12 13 addition FIREARM: RIFLE, MNF: ANDERSON MANUFACTURING, CAL: MULTI, SN: 16108312; 9 10 PROPERTY SUBJECT TO FORFEITURE TYPE: MOLOT (VYATSKIE POLYANY MACHINE RIFLE, MODEL: VEPR, CAL: 7 62, SN: TYPE: PISTOL, MODEL: 28 -2- Def. Initial&( Case 3:18-cr-02460-BAS Document 21-1 Filed 10/01/18 PageID.76 Page 3 of 5 1 16: FIREARM: HANDGUN, MNF: SMITH & WESSON, M&P 9, CAL: 9, SN: HVN0422; TYPE: PISTOL, MODEL: 2 4 5 6 7 8 BASES OF FORFEITURE B. 3 Defendant properties agrees seized to in forfeit connection to the with United this States all which the case, Defendant agrees are subject to forfeiture pursuant to Title 18, United States Code, Section 924 (d) (1), and Title 28, United States Code, Section 2461 (c), Code, Sections 853 (a) and pursuant to Title 21, United States and 853 (a) (2). (1) 9 c. 10 IMMEDIATE ENTRY OF PRELIMINARY ORDER OF FORFEITURE 11 Defendant 12 consents and agrees to the immediate entry of a 13 preliminary 14 Defendant further agrees that upon entry of the preliminary order 15 of order f orfei tu re, of such forfeiture order upon will entry of be the considered guilty plea. final as to withdraw any 16 defendant's interests in the property described above. In 17 addition, Defendant agrees to immediately 18 claims to any and all properties seized in connection with this 19 case 20 proceedings, 21 forfeiture of all properties seized in connection with this case. in any and consents to and agrees forfeiture civil or administrative pending to not contest the 22 Defendant agrees to execute any and all documents requested by the 23 Government 24 Defendant 25 person or entity in contesting the to facilitate further agrees or complete the not to contest forfeiture or to forfeiture process (es) . assist any other of any properties 26 seized in connection with this case in the forfeiture proceedings 27 ancillary to this criminal case, and in any related administrative 28 and civil forfeiture proceeding. -3- Def. Initials L Case 3:18-cr-02460-BAS Document 21-1 Filed 10/01/18 PageID.77 Page 4 of 5 1 D. 2 Defendant ENTRY OF ORDERS OF FORFEITURE AND WAIVER OF NOTICE 3 forfeiture consents for all and agrees properties to and the entry of requirements 32.2 and 43(a) 5 notice of the forfeiture in the charging instrument, 6 of the Criminal f orf ei tu re at Procedure and sentencing, 7 forfeiture in the judgment. of the Federal of of waives 4 Rules orders regarding announcement incorporation of the Defendant acknowledges that defendant 8 understands that the forfeiture of assets is part of the sentence 9 that may be imposed in this case and waives any failure 10 Court to advise defendant of this, 11 by the pursuant to Rule 11 (b) ( 1) ( J) , at the time the Court accepts the guilty pleas. 12 E. WAIVER OF CONSTITUTIONAL AND STATUTORY CHALLENGES 13 Defendant 14 further agrees to waive all constitutional 15 statutory 16 habeas corpus, 17 in accordance with this agreement on any grounds, 18 the 19 Defendant 20 States 21 States, challenges constitutes agrees and to any manner or any other means) forfeiture to pass in to take clear all title testify an direct appeal, to any forf ei tu re carried out excessive steps to (including and as fine or requested forfei table truthfully including that in by the United to the United assets any punishment. judicial forfeiture 22 proceeding. 23 F. 24 25 AGREEMENT SURVIVES DEFENDANT; NO FORFEITURE ABATEMENT Defendant agrees that the forfeiture provisions of this plea 26 agreement 27 notwithstanding 28 conviction are intended after the to, abatement the and of execution -4- will, survive any underlying of this defendant, criminal agre/J~t. Def. Initials _LJL The Case 3:18-cr-02460-BAS Document 21-1 Filed 10/01/18 PageID.78 Page 5 of 5 1 forfeitability of any particular property pursuant to this 2 agreement shall be determined as if defendant had survived, 3 that determination shall be binding upon defendant's and heirs, 4 successors and assigns until the agreed forfeiture, including any 5 agreed money judgment amount, is collected in full. 6 7 The defendant understands that the main plea agreement this f orf ei tu re addendum embody the entire plea agreement between 8 the parties and supersedes any other plea agreement, 9 written oral. 10 11 and Date Defendant 12 EMY WARREN 23 24 25 26 27 28 -5- Def. Initials tJ.{ or