UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE KNOXVILLE UNITED STATES or AMERICA v. JUDGE VARLAN TAMRAL GUZMAN PLEA AGREEMENT The United States of America, by the United States Attorney for the Eastern District of Tennessee, and the defendant, TAMRAL GUZMAN and the defendant's attorney, Michael Menefee, have agreed upon the following: 1. The defendant will plead guilty to the following count in the indictment: a) Count 1 . Failure to Appear, in Violation of 18 U.S.C. ?3 l46(a)(1). The punishment for this offense is as follows, up to ten (10) years of imprisonment consecutive to the sentence in U.S. V. Guzman, Case No. 3 a period of up to three (3) years of supervised release, a $250,000.00 fine and a $100.00 special assessment. 2. The defendant has read the indictment, discussed the charges and possible defenses with defense counsel, and understands the crimes charged. The defendant is pleading guilty because the defendant is in fact guilty. In order to be guilty, the defendant agrees that each of the following elements of the crime(s) must be proved beyond a reasonable doubt: Failure to Appear: a. Defendant was released on the Bail Reform Act of 1966; b. Defendant was required to appear in court for trial; c. The defendant was aware of the_required appearance; d. The defendant failed to appear as required; and e. The defendant was willful in her failure to appear. Case 3:12-cr-00153 Document 27 Filed 12/13/12 Page 1 of 8 99 3. In support of the defendant's guilty plea, the defendant agrees and stipulates to the following facts, which satisfy the offense elements. These are the facts submitted for purposes of the defendant's guilty plea. They do not necessarily constitute all of the facts in the case. Other facts may be relevant to sentencing. Both the defendant and the United States retain the right to present additional facts to the Court to ensure a fair and appropriate sentence in this case. The defendant was on pretrial supervision with the Federal District Court of the Eastern District of Tennessee with the condition that she report to court for all court proceedings. The defendant was charged in a 57 count indictment charged with Conspiracy to without authority dispense, distribute, possess with intent to distribute and dispense schedule 11 and IV controlled substances outside the usual course of professional practice and without a legitimate medical purpose in Violation of 21 U.S.C. 846, Possession with Intent to distribute schedule II and IV controlled substances outside the usual course of professional practice and without a legitimate medical purpose in Violation schedule II and IV controlled substances in Violation of 21 U.S.C. 84l(a)(l), 84l(b)(2); Money laundering in Violation of 18 U.S.C. 1956(h); and Structuring in Violation of3l U.S.C. 5324i(a)(l), 5324(a)(3), 5324(d) and 31 Part 103. The defendant's trial began on Monday September 24, 2012. On Tuesday, October 2, 2012, the defendant failed to appear for trial. On October 2, 2012 a failure to appear warrant was signed for the defendant by this District Court. The trial continued Without the defendant. On Wednesday October 4, 2012 the defendant was convicted of all 57 charges in the indictment. Case 3:12--cr-00153 Document 27 Filed 12/13/12 Page 2 of 8 Page|D 100 Immediately upon the failure to appear warrant being signed the United States Marshals began searching for the defendant. On October 30, 2012 the black Civic believed to be used by the defendant was located in Hollywood Beach Florida. On October 3 l, 2012 surveillance was set up on the vehicle. As a result the defendant was identified and arrested walking along the beach. Upon her arrest the Defendant admitted to living in the St. Maurice Motel, in Hollywood Beach, Florida. The defendant further stated she did so under an assumed name and paid cash for the room with her co- defendant, Brian Paul Hatcher. It was also learned that the two were working at a local restaurant, Brochetterie. Defendant's intent was to not be located by law enforcement. The defendant understands that by pleading guilty the defendant is giving up several rights, including: a) the right to plead not guilty; b) the right to a speedy and public trial by jury; c) the right to assistance of counsel at trial; d) the right to be presumed innocent and to have the burden of proof placed on the United States to prove the defendant guilty beyond a reasonable doubt; e) the right to confront and cross-examine witnesses against the defendant; f) the right to testify on one's own behalf, to present evidence in opposition to the charges and to compel the attendance of witnesses; and g) the right not to testify and to have that choice not used against the defendant. Case 3:12--cr-00153 Document 27 Filed 12/13/12 Page 3 of 8 Page|D 101 5. The parties agree that the appropriate disposition of this case would be the following as to each count: a) The Court may impose any lawful term(s) of imprisonment, any lawful fine(s), and any lawful term(s) of supervised release up to the statutory maXimum(s); b) The Court will impose special assessment fees as required by law; and c) The Court may order forfeiture as applicable and restitution as appropriate. No promises have been made by any representative of the United States to the defendant as to what the sentence will be in this case. Any estimates or predictions made to the defendant by defense counsel or any other person regarding any potential sentence in this case are not binding on the Court, and may not be used as a basis to rescind this plea agreement or withdraw the defendant's ii guilty plea(s). The defendant understands that the sentence in this case will be determined by the Court after it receives the presentence report from the United States Probation Office and any information presented by the parties. The defendant acknowledges that the sentencing determination will be based upon the entire scope of the defendant's criminal conduct, the defendant's criminal history, and pursuant to other factors and guidelines as set forth in the Sentencing Guidelines and the factors set forth in 18 U.S.C. 3553. 6. Given the defendant's agreement to plead guilty, the United States will not oppose a two-level reduction for acceptance of responsibility under the provisions of Section 3El.l(a) of the Sentencing Guidelines. Further, if the defendant's offense level is 16 or greater, and the defendant is awarded the two-level reduction pursuant to Section 3E1 . the United States agrees to move, at or before the time of sentencing, the Court to decrease the offense level by one additionallevel Case 3:12--cr-00153 Document 27 Filed 12/13/12 Page 4 of 8 Page|D 102 pursuant to Section 3E1 of the Sentencing -Guidelines. Should the defendant engage in any conduct or make any statements that are inconsistent with accepting responsibility for the defendant's" offense(s), including violations of conditions of release or the commission of additional offenses prior to sentencing, the United States will be free not to make such motion or to withdraw such motion if already made, and Will be free to recommend to the Court that the defendant not receive any offense level reduction for acceptance of responsibility under Section 3E1 .1 of the Sentencing Guidelines. 7. The defendant agrees to pay the special assessmentin this case prior to sentencing. 8. inanc_ial Obligations. The defendant agrees to pay all fines and restitution imposed . by the Court to the Clerk of Court. The defendant also agrees that the full fine and/or restitution amount(s) shall be considered due and payable immediately. If the defendant cannot pay the full _amount immediately and is placed in custody or under the supervision of the Probation i0ffice at any time, the defendant agrees that the Bureau of Prisons and the Probation Office -will have the authority to establish payment schedules to ensure payment of the fine and/ or restitution. The defendant further agrees cooperate fully in efforts to collect any financial obligation imposed by the Court by set--off of federal payments, execution on non--eXempt property, and any other means the United States 'deems appropriate. The defendant and 'counsel also agree that the defendant may be contacted post-judgment regarding the collection of any financial obligation imposed by the Court without notifying the defendant's counsel and outside the presence of the defendant's counsel. In order to facilitate the collection of financial obligations to be imposed with this prosecution, the defendant agrees to disclose _fully all assets in which the defendant has any interest or over which the defendant exercises control, directly or indirectly, including those held by a spouse, nominee, or Case 3:12--cr--OO153 Document 27 Filed 12/13/12 Page 5 of 8 Page|'D 103 other third party. In furtherance of this agreement, the defendant additionally agrees to the following specific terms and conditions: a) If so requested by the United States, the defendant Will submit a completed financial statement to the U.S. Attorney's Office, in a form it provides and as it directs. The defendant promises that suchfinancial statement and disclosures will be complete, accurate, and truthful. b) The defendant expressly authorizes the U.S. Attorney's Office to obtain a credit report on the defendant in order to evaluate the defendant's ability to satisfy any financial obligation imposed by the Court. c) If so requested by the United States, the defendant will execute authorizations on forms provided by the U.S. Attorney's office to permit the U.S.eAttorney's Office to obtain financial and tax records of the defendant. 9. In consideration of the concessions made by the United States in this agreement and as a further demonstration of the defendant's acceptance of responsibility for the offense(s) committed,' the defendant agrees not to file a direct appeal of the defendant's conviction(s) or sentence except the defendant retains the right to appeal a sentence imposed above the sentencing guideline range determined by the district court or above any mandatory minimum sentence deemed . applicable by the district court, Whichever is greater. In addition', the defendant knowingly and Voluntarily waives the right to file any motions or pleadings pursuant to 28 U.S.C. 2255 or to collaterally attack the defendant's conviction(s) and/ or resulting sentence. The parties agree that the defendant retains the right to raise, by way of collateral review under 2255, claims of ineffective. assistance of counsel or 6 Case 3:12--cr-00153 Document 27 Filed 12/13/12 Page 6 of 8 Page|D 104 prosecutorial misconduct not known to the defendant by the time of the entry of judgment. 10. This agreement becomes effective once it is signed by the parties and is not contingent on the defendant's entry of a guilty plea. If the United States violates the terms of this agreement, the defendant will have the right to withdraw from this agreement. If the defendant violates the terms of this agreement in any Way (including but not limited to failing to enter guilty plea(s) as agreed herein, moving to withdraw guilty plea(s) after entry, or by violating any court order or any local, state or federal law pending the resolution of this case), then the United States will have the right to void any or all parts of the agreement and may also enforce whatever parts of the agreement it chooses. In addition, the United States may prosecute the defendant for any and all federal crimes that the defendant committed related to this case, including any charges that were dismissed and any other charges which the United States agreed not to pursue. The defendant expressly waives any statute of limitations defense and any constitutional or speedy trial or double jeopardy defense to such a prosecution. The defendant also understands that a violation of this plea agreement by the defendant does not entitle the defendant to withdraw the defendant's guilty plea(s) in this case. ll. The United States will file a Supplement in this case, as is routinely done in every case, even though there may or may not be any additional terms. If additional terms are included in the Supplement, they are hereby fully incorporated herein. 12. This plea agreement and supplement constitute the full and complete agreement and understanding between the parties concerning the defendant's guilty plea to the above-referenced charge(s), and there are no other agreements, promises, undertakings, or understandings between the defendant and the United States. The parties understand and agree that the terms of this plea agreement can be modified only in writing signed by all of the parties and that any and all other Case 3:12--cr-00153 Document 27 Filed 12/13/12 Page 7 of 8 Page|D 105 promises, representations, and statements Whether made before, contemporaneous with, or after this agreement, are null and Void. V. 415 /2021. I Date /1 Dat /3 /2 Date WILLIAM C. KILLIAN UNITED STATES ATTORNEY i . 57 nnifer Kolman Assistant United States Attorney if Tamral Guzman Defendant Jr I "2fW2gfi?wr;f3? Midi1ae1Menefee - Attorney for the Defendant Case 3:12--cr-00153 Document 27 Filed 12/13/12 Page 8 of 8 Page|D 106