Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 1 of 16 FILED U.S. District Court District of Kansas IN THE UN ITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case Nos. UNITED STA TES OF AMERICA, ) ) ) Plainti ff, ) ) ) v. TYLER RAJ BA RRI SS, Defenda nt. NOV 1 3 2018 Clerk, ~t Court Deputy Clerk By 18-cr-l 0065-EFM-O I 18-cr-l 0154-EFM-01 18-cr- l 0155-EFM-Ol PETITION TO ENTER PLEA OF GUILTY AND ORDER ENTERING PLEA [Federal Rules of Criminal Procedu re, Rul es 10 and 11] ) ) ) ) The defendant represents to the Court: (1) My full true name is Tyler Rai Barri ss. l am 26 years of age. I have gone to schoo l up to and including the 10th grade. I request that all proceedings agai nst me be in my true name. (2) I am represented by a lawyer, whose name is: Rich Federico, Assistant Federa l Pu blic Defender (3) I received a copy of the Indictments 1 before being called upon to pl ead. r read the Indictment and have discussed it with my lawyer. I fu ll y understand every charge made against me. (4) I to ld my lawyer all the facts and circumstances known to me about the charges made against me in the Indi ctment. I believe that my lawyer is fu ll y informed on all such matters. (5 ) I know that the Court must be sati sfi ed that there is a factual bas is for a plea of "GUILTY" before my plea can be accepted. I represent to the Court that I comm itted the acts in connection with the charges made against me in in all three j urisdictions. COUNT l - Di strict of Kansas 18 U.S.C. § 1038 False Info rmation and Hoaxes '" Indictment" also includes "Information ." Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 2 of 16 COUNT 2 - District of Kansas 18 U.S.C. § 2261A Cyberstalki ng COUNT 12 - District of Kansas 18 u.s.c. § 371 Conspiracy COUNT 1 - District of Co lumbia 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 2 - District of Columbia 18 U.S .C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 1 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 2 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 3 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 4 - Centra l District of California 18 U.S.C. § 875(c) Interstate Threats COUNT 5 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive 2 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 3 of 16 COUNT 6 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 7 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 8 - Central District of California 18 U.S.C. § 875(c) Interstate Threats COUNT 9 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 10 - Centra l District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 11 - Central District of California 18 U.S .C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explos ive COUNT 12 - Central District of California 18 U.S .C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 13 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive 3 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 4 of 16 COUNT 14- Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 15 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 16 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 17 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 18 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 19 - Central District of California 18 U.S.C. § 875(c) Interstate Threats COUNT 20 - Central District of California 18 U.S.C . § 875(c) Interstate Threats COUNT 21 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive 4 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 5 of 16 COUNT 22- Central District of California 18 U.S.C. § 875(c) Interstate Threats COUNT 23 - Central District of California 18 U.S.C. § 875(c) Interstate Threats COUNT 24 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 25 - Central District of California 18 U.S .C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 26 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 27 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 28 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 29 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive 5 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 6 of 16 COUNT 30 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 31 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 32 - Central District of California 18 U.S.C. § 875(c) Interstate Threats COUNT 33 - Central District of California 18 U.S.C . § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 34 - Central District of Ca lifornia 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 35 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 36 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 37 - Central District of California 18U.S.C.§1349 Attempt and Conspiracy 6 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 7 of 16 COUNT 38 - Central District of California 18 U.S.C. § 371 Conspiracy to Commit Offense or to Defraud the United States COUNT 39 - Central District of California 18 U.S.C. § 371 Conspiracy to Commit Offense or to Defraud the United States COUNT 40 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 41 -Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 42 - Centra l District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 43 - Central D istrict of California 18 U.S.C. § 371 Conspiracy to Commit Offense or to Defraud the United States COUNT 44 - Central District of California 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive COUNT 45 - Central District of California 18 U.S.C. § 875(c) Interstate Threats 7 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 8 of 16 COUNT 46 - Central District of California 18 U.S.C. § 875(c) Interstate Threats (6) My lawyer has co unse led and adv ised me on the nature of each charge, on all lesser included charges, and on a ll poss ibl e defenses that I mi ght have in thi s case. (7) I know that I have the ri ght to plead "NOT GUILTY" to any offe nse charged against me. If I plead "NOT GUILTY" I know th e Constituti on guarantees me (a) th e ri ght to a speedy and public trial by a jury; (b) at that tri a l, and at all stages of the proceedin gs, the right to the ass istance of a lawyer; (c) the right to see and hear all w itnesses called to testify against me, and the right to cross-examine those w itnesses; (d) the ri ght to use the power and process of the Court to compel the production of any ev idence, including the attendance of any witnesses in my favor; and ( e) the right not to be compelled to incriminate myself by taking the witness stand ; and if I do not take the witness stand, no inference of guilt may be drawn fro m such decision. (8) I know that ifI plead "GUILTY," I am thereby waiving my ri ght to a tri al, and that there wi ll be no furth er tri al of any kind, either before a Co urt or jury; and further, I realize the Court may impose the same puni shm ent as ifl had pleaded "NOT GUILTY, " stood trial, and been convicted by a jury. (9) I know that ifl plead "GUILTY," the Co urt w ill ask me qu esti ons about the offense to whi ch I have pleaded, and since I w ill be answering these qu esti ons under oath, on the record, and in the presence of my lawyer, that my answers may later be used aga inst me in a prosecution for perjury or false statement. (10) My lawyer informed me that the plea of "GUILTY" could subj ect me to a sentence of imprisonment of not more than twenty-five (25) years nor Jess than twe nty (20) years, to be fo llowed by a term of superv ised re lease for up to five (5) years, no fine, and a spec ial assessment for every offense charged to w hich I enter a plea of guilty. I have also been informed that the Court may order me to make restitution in compliance w ith 18 U.S.C . §3663 and §3664 or as a condition of supervision, if such is ordered und er 18 U.S.C. §3563 , in addition to any other penalty provided by law. I furth er understand that if I am pleading "GUILTY" to an offense which is subj ect to the Sentencing Reform Act, I cannot be released on parole an d, if impri so nment is ordered in my case, the sentence imposed by the Co urt will be the sentence I serve less any good time credit if I earn it. (11) I understand that thi s plea is offered to the Co urt under Federal Rul e of Criminal Procedure 1 l (c)( l )(C), proposing a max imum sentence of a range of 20-25 years (240-300 months) impri sonment, a term of supervised release of 5 years, no fine , restitution in the amount of $5,000 .00, the mandatory spec ial assessment of $ 100.00 per co unt of conviction (a total of $5 , 100.00). l also understand that a term of my plea agreement includes that I must agree to provide 8 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 9 of 16 letters of apo logy to the Fam il y of A.F. , the Wichita Po lice Department and Sedgwick Cou nty Emergency Services, as agreed by both parties. I further understand that if the Court does not accept this binding pl ea agreement und er subsection (c)(1 )(C), then I may withdraw my plea and the parties are restored to the positions they maintained prior to entering into this plea agreement. (12) I know that in add ition to any other penalty imposed, including any fine or restitution order, the Court is required to impose a special monetary assessment for each co unt. The special monetary assessment is $ 100.00 fo r each fe lony count occurrin g after April 24, 1996. (Not less than $ 100.00 for a fe lony, $25.00 for a misdemeanor; if the defend ant is other than an indi vid ua l the assessment is not less than $400.00 for a fe lony and $ 100.00 for a mi sdemeanor). I UNDERSTAND THIS SPECIAL ASSESSMENT MUST BE PAID AT THE TIME OF THE SENTENCING HEARING UNLESS THE COURT DIRECTS OTHERWISE. (1 3) I understand that if my case invo lves drug trafficking or drug possession, the Court may deny or suspend my eligi bility to rece ive federa l benefits pursuant to 2 1 U.S.C. §862, except for those specificall y exempted. I understand that if this is my second or subsequ ent conviction for possession of a controlled substance, the Co urt may order me to complete drug treatment or com munity serv ice as specified in the sentence as a condition for reinstatement of benefits. (14) I know that the Court may also ord er, in addition to the penalty imposed , that I give reaso nable notice and explanation of the conv iction, in such form as th e Co urt may approve, to the v ictims of the offense. ( 15) I have been advised and understand that if I am not a U.S. citizen, a conv ictio n of a criminal offense may result in deportation from the United States, exc lusion from admi ss ion to the United States, and/or denial of naturalization. (16) If I am on probation or parole in this or any other Court, I know that by pleading guilty here, my probation or parole may be revoked and I may be required to serve t ime in that case, which wil l be consecutive, that is, in additi on to any sentence imposed upon me in this case. (17) I declare that no officer or agent of any branch of government (federal, state, or local) has promised, suggested, or predicted that I w ill receive a lighter sente nce, or pro bation, or any other form of leniency if I plead "GUILTY," except as set fo rth in the plea agreement: My attorn ey did discuss how the advisory Sentencing Gu idelines may appl y in my case. If anyone else, including my attorney, made such a promi se, suggestion, or pred iction, except as noted in the previous sentence, I know that he had no authority to do so . I know that the sentence I will receive is so lely a matter w ithin the control of the Judge. I do und erstand that there is no limitati on on the information the Judge can co nsider at the time of 9 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 10 of 16 sentencing concernin g my background, qharacter, and co ndu ct, provided the informati on is reliabl e. I do understand that if I am subj ect to sentencing und er the Sentencing Reform Act and the Sentencing Guidelines iss ued by th e United States Sentencing Commi ss ion, a sentencing guideline range is established . The Judge w ill co nsider a senten ce from within the guideline range and, if my case presents features which persuade the Jud ge to vary from the guid eline range, the Jud ge co uld impose a sentence e ither above or be low the recom mend ed guideline range. In determining the guide line range, any vari ance, and the sentence to impose, th e Co urt may take into account all relevant criminal co nduct, which may include co unts to which I have not pied guilty or been convicted and take into acco unt backgro und characteri sti cs, unl ess otherw ise prohibited by law. I further understand that my backgro und characteristics including, but not li mited to, the recency and frequency of my prior criminal reco rd, whether or not a substantial portion of my income resu lted from crimin al conduct, my ro le in the offense, vict im-related circum stances, and my acceptance of the responsibility for the offense, may have a spec ifi c effect on the sentence. I hope to receive leni ency, but I am prepared to accept any punishm ent permitted by law which the Court sees fit to impose. However, I respectfully requ est th e Court to consider, in mitigation of punishment, that I have vo luntaril y entered a plea of guilty. (18) I und erstand th at a U.S. Probation Officer w ill be assigned to conduct a thoro ugh presentence investigation to develop a ll re levant facts concernin g my case unless the Court finds that there is in th e record sufficient information to enable the meaningful exercise of sentencing authority pursuant to 18 U .S.C. §3553 . The report of the presentence investigation shall contain the facto rs set fo rth in Ru le 32. These include the class ification of th e offense and of the defendant under the categories established by the Sentencing Commission, the kinds of sentence avai lable to the Court, and the sentencing range th e officer be lieves applicable. The report shall include the history and characteristics of the defend ant and such other information required by the Court recognizing the factors set forth in paragraph (16) above. ( 19) My plea of guilty is the result of my plea agreement entered into between the Government attorney, my attorney, and me. A ll terms of th e agreement between the Gove rnment and me are set forth in th e attached plea agreement. I full y understand that the Co urt is not bound by the terms of the plea agreement, and may accept or reject said agreement. If the Co urt rejects the agreement, I also understand the Court w ill not give me the opportunity to withdraw my plea of guilty, unl ess the p lea agreement, signed by all parties, is executed in accordance with Federal Rul es of Crimina l Procedure, Rule l l(c)(l)(A) or Rule l l(c)(l)( C). (20) I believe that my lawyer has done a ll that anyo ne could do to co unsel and assist me, AND I AM SATISFIED WITH THE ADVICE AND HELP HE HAS GIVEN ME. (2 1) I know that the Co urt w i11 not perm it anyo ne to plead "GUJL TY" who maintains he/she is innocent and, w ith that in mind, and beca use I am "GUILTY" and do not beli eve I am 10 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 11 of 16 innocent, I wish to plead "GUILTY" and respectfully request the Court to accept my plea of "GUILTY" and to have the Clerk enter my plea of "GUILTY" as follows. - - - _ l~_!}.S.C. ~ 1038 False Information and Hoaxes District of Kans : Count 1 [ Count 2 18 U.S.C. § 2261A Cyberstalking Count 12 18 u.s.c. § 371 Consoiracy to Commit Offense Count 1 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive Count 2 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive Count 1 18 U.S.C. § 844(e) Threatening and Conveying False Information Concerning Use of an Explosive Threatening and Conveying False Information Concerning Use of an Exolosive Threatening and Conveying False Information Concerning Use of an Exolosive Interstate Threats 18-cr-10065-EF District of Col um bia 18-cr-10155-EF l - Central District f California l 8-cr-10154-EF [ ~ Count 2 Count3 18 U.S.C. § 844(e) 18 U.S .C. § 844(e) -~ Count4 - - 18 U.S.C. § 875(c) -Count 5 18 U.S.C. § 844(e) Count6 18 U.S.C. § 844(e) Count7 18 U.S.C. § 844(e) - - Count8 Threatening and Conveying False Information Concerning Use of an ExI?_losive Threatening and Conveying False Information Concerning Use of an Exolosive Threatening and Conveying False Information Concerning Use of an Exolosive Interstate Threats 18 U.S.C. § 875(c) Count9 18 U.S.C. § 844(e) Count 10 18 U.S.C. § 844(e) Count 11 18 U.S.C. § 844(e) -~ 11 Threatening and Conveying False Information Concerning Use of an Exolosive Threatening and Conveying False Information Concerning Use of an . Explosive Threatening and Conveying False Information Concerning Use of an Explosive Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 12 of 16 Count 12 18 U.S .C. § 844(e) Count 13 18 U.S. C. § 844(e) I Count 14 18 U.S.C. § 844(e) Count I 5 18 U.S. C. § 844(e) Count 16 18 U.S. C. § 844(e) Count 17 18 U.S .C. § 844(e) Count 18 18 U.S .C. § 844(e) Threatening and Conveying False Information Concerning Use of an E~losive _ Threatening and Conveying False Information Concerning Use of an Explos ive __ Threatening and Conveying False Information Concern ing Use of an Explosive _ Threatening and Conveying False Information Concern ing Use of an E~ losive _ Threatening and Conveying False Information Concerning Use of an ~ l osive eatening and Conveying False ormation Concern ing Use of an Explosive __ Threaten ing and Conveying False Information Concern ing Use of an E~losive Interstate Threats Count 19 18 U.S.C. § 875(c) [ Count 20 18 U.S.C. § 875(c) r terstate Threats J Count 21 18 U.S.C. § 844(e) Count 22 18 U.S .C. § 875(c) Interstate Threats Count 23 18 U.S.C. § 875(c) Count 24 18 U.S.C. § 844(e) Count25 18 U.S .C. § 844(e) ____, Count 26 Count 27 Count 28 Threaten ing and Conveying False Information Concerning Use of an Explosive Interstate Threats 18 U.S.C. § 844(e) t 8 U .S.C. § 844(e) I 8 U.S .C. § 844(e) 12 Threatening and Conveying False Information Concerning Use of an Explosive __ _ Threatening and Conveying False Information Concerning Use of an Explosive Threatening and Conveying False Information Concerning Use of an ~losive _ Threatening and Conveying False Information Concerning Use of an Explosive __ Threatening and Conveying False Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 13 of 16 Count 29 18 U.S.C. § 844(e) Count 30 1 18 U.S.C. § 844(e) Count 31 18 U.S.C. § 844(e) Count32 Information Concerning Use of an Explosive _ Threatening and Conveying False Information Concerning Use of an Explosive Threatening and Conveying False I Information Concerning Use of an Exe_losive __ TThreatening and Conveying False Information Concerning Use of an Explosive Interstate Threats 18 U.S.C. § 875(c) Count33 18 U.S.C. § 844(e) Count 34 18 U.S.C. § 844(e) Count35 18 U.S.C. § 844(e) Count 36 18 U.S.C. § 844(e) 1 Count 37 18 U.S.C . § 1349 Threatening and Conveying False Information Concerning Use of an Explosive __ Threatening and Conveying False Information Concerning Use of an Explosive __ Threatening and Conveying False Information Concerning Use of an Explosive Threatening and Conveying False Information Concerning Use of an Explosive Attempt and Consp iracy _, Count 38 -+ Count 39 Conspiracy to Commit Offense 18 U.S.C. § 371 Conspiracy to Commit Offense 18 U.S.C. § 371 .__ Count4° 1 18 U.S.C. § 844(e) Count 41 t 18 U.S.C. § 844(e) Count 42 18 U.S.C. § 844(e) Count 43 18 U.S.C. § 371 Count 44 18 U.S.C. § 844(e) l 13 f J Threatening and Conveying False Information Concerning Use of an Explosive Threatening and Conveying False Information Concerning Use of an Explosive Threatening and Conveying False Information Concerning Use of an Explosive __ Conspiracy to Commit Offense l ! hreatening and Conveying False Information Concerning Use of an Exolosive 1 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 14 of 16 c~ Co~nt 45 -1 18 U.S.C. § 875(c) Count 46 18 U.S .C. § 875(c) I I Inte~state Threats t nterstate Threats I ____=] (22) My mind is clear, I am not under the influence of alcohol. I currently am not under a doctor's care. The only drugs, medicines or pills that I took within the past seven (7) days is Zyprexa. i (23) I have never been confined in an institution for the treatment of mental illness. I have never been adjud icated·mentally incompetent. No psychiatrist, physician, or psychologist has ever fo und me to be mentally ill. I know of no reason why my mental competence at the time of the comm iss ion of the alleged offense, or at the present time, sho uld be questioned. (If there are any exceptions to the above statement, explain below.) NIA (24) I offer my plea of "GUILTY" free ly and vol untarily, and further state that my plea of guilty is not the result of any force or threats against me, or of any promises made to me other than those noted in this petition. I further offer my plea of "GUILTY" with full understanding of all the matters set forth in the Indictments and Informati on referenced in this petition, and in the certificate of my attorney which is attached to this petition. (25) I waive the reading of the Indictments and Informat ion in open co urt, and I request the Court to enter my plea of "GUILTY" as set forth in paragraph (2 1) of this petition. (26) I swear that I have read, understood, and discussed with my attorney, each and every part of this Petition to Plead Gui lty, and that the answers which appear in every part of this petition are true and correct. Signed and Sworn to by me in open co urt, in the presence of my attorney, this 13th day of November, 2018. I Tyler Rai Barriss Subscribed and Sworn to before me this 13th day of November, 2018 . ~c,lu,_L/n ~ /'f (Deputy Cl,lirk) 14 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 15 of 16 CERTIFICATE OF COUNSEL T he undersigned, as lawyer and counselor for the defendant, Tyler Rai Barriss, hereby certifies: ( 1) I have read and ful ly exp lained to the defendant the all egations contai ned in the Indictment in this case . (2) To the best of my knowledge and belief, the statements, representations and declarations made by the defendant in the foregoing petition are in all respects accurate and true. (3) I exp lained the maximum penalty for each co unt to the defendant. (4) T he plea of "GUILTY" offered by th e defendant in paragraph (21) accords wi th my und erstandin g of the facts he related to me and is consistent with my advice to the defendant. (5) ln my opinion, the defendant's waiver ofreadin g of the Indictments and Information in open court as provided by Rule 10 is vo luntari ly and understandingly made, and I recommend to the Co urt that the wa iver be accepted. (6) In my opinion, the pleas of "GU ILTY" offered by the defendant in paragraph (21) of the petition is vo luntarily and understandingly made. I recommend that the Co urt accept the pleas of "GUILTY." (7) I have made no predictions or promi ses to the defendant concerning any sentence the Court may award, except as noted in the space below: I have discussed w ith my c lient the terms of his plea agreement and that it is entered into and presented to the Co urt under Federal Rule of Criminal Procedure 11 ( c)(l )(C). (8) I further represent to th e Co urt th at the defendant's plea of "GUILTY" is the result of a plea agreement. The terms of the agreement are set out in paragraph (11) of the petition, and I have informed the defend ant that the Co urt is not bound by the terms of the agreement.and that ifthe Court rejects the agreement, the Court wi ll not give him the opportunity to withdraw his p lea of "GUILTY," unless the plea agreement, signed by al l parties, is exec uted in accordance w ith Federal Rules of Crimi nal Procedure, Rule 11 (c)(l )(A) or Rule 11 (c)(J )( C). Signed by me in open court in the presence of the defendant above named and after full discussion of the contents of this certificate with the defendant, this 13th day of Novem ber, 2018. ~C--'2-~ ...,.... Rich Federico, Ass istant Federal Public Defender 15 Case 6:18-cr-10155-EFM Document 8 Filed 11/13/18 Page 16 of 16 ORDER I find that defendant's plea of guilty was made freely, voluntarily, and because he/she is guilty as charged, and not out of ignorance, fear, inadvertence or coercion, and with full understanding of its consequences. I further find that the defendant has admitted the essential elements of the crime charged and is mentally competent. Pursuant to Fed. R. Crim. P. 11 , advisory U.S.S.G. 6B 1.1, I provisionally accept defendant's guilty plea, but defer my decision whether to accept or reject the plea agreement pending my subsequent review of the presentence report to ensure that the plea agreement does not frustrate the sentencing objectives I am required by law to consider. Should I reject the plea agreement, then in that event and pursuant to the terms thereof, the defendant will be given an unfettered right to withdraw his plea. Done in open court this 13th day ofNovember, 2018. ~;>~ ERIC F. MELGREN~ UNITED STATES DISTRICT JUDGE