Case Document 77 Filed 08/08/19 Page 1 of 9 PageID 165

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

 

CENTRAL DIVISION
UNITED STATES OF AMERICA, CR 19?30036-02
Plaintiff,
PLEA AGREEMENT
vs.
SARAH WORTHMAN,
Defendant.

 

The Defendant, the Defendant?s attorney, and the United States Attorney
for the District of South Dakota hereby submit the following Plea Agreement to
the United States District Court, which Agreement was reached pursuant to
discussions between the United States Attorney and the Defendant?s attorney.
The Agreement is as follows:

A. ACKNOWLEDGMENT AND WAIVER OF RIGHTS AND
UNDERSTANDING OF MAXIMUM PENALTIES: The Defendant agrees that she
has been fully advised of her statutory and constitutional rights herein, and that
she hasbeen informed of the charges and allegations against her and the penalty
therefor, and that she understands the same. The Defendant further agrees
that she understands that by entering a plea of guilty as set forth hereafter, she
will be waiving certain statutory and constitutional rights to which she is

otherwise entitled.

 

 

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B. PLEA AGREEMENT PROCEDURE NO RIGHT TO WITHDRAW
PLEA IF COURT REJECTS RECOMMENDATION: The United States and the
Defendant agree that this Plea Agreement is presented to the Court pursuant to
Rules and (B) of the Federal Rules of Criminal Procedure, which,
among other things, authorize the United States to move for dismissal of other
charges and to make recommendations or agree not to oppose the Defendant?s
request for a particular sentence. Such agreements and recommendations are
not binding on the Court, and the Defendant may not withdraw her plea of guilty
if the Court rejects them.

C. PLEA OF GUILTY TO CHARGE AND DISMISSAL OF OTHER
CHARGE: The Defendant will plead guilty to Count II of the Indictment ?led in
this case, which charges Conspiracy to Distribute a Controlled Substance in
Violation of 2i U.S.C. 846, 841(a)(1) and The charge carries a
maximum sentence of 20 years in prison, a $1,000,000 fine, or both, and a
period of supervised release of at least 3 years up to life. If the Defendant is
found by a preponderance of evidence to have violated a condition of supervised
release, she may be incarcerated for an additional term of 2 years on any such
revocation. There is also a $100 assessment to the Victims? Assistance Fund.
Restitution may also be ordered.

Upon acceptance of the plea by the Court and the imposition of sentence,
this section shall be treated as a motion to dismiss the remaining count in the
Indictment as it pertains to the Defendant pursuant to the terms of this plea

agreement.

 

 

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D. VIOLATION OF TERMS AND CONDITIONS: The Defendant
acknowledges and understands that if she violates the terms of this Plea
Agreement, engages in any further criminal activity, or fails to appear for
sentencing, this plea agreement shall become voidable at the discretion of the
United States and the Defendant will face the following consequences:

(1) All testimony and other information the Defendant has provided at
any time to attorneys, employees, or law enforcement of?cers of the United
States, to the Court, or to the federal grand jury may and will be used against her
in any prosecution or proceeding.

(2). The United States will be entitled to reinstate previously dismissed
charges and or pursue additional charges against the Defendant, and to use any
information obtained directly or indirectly from her in those additional
prosecutions.

(3) The United States will be released from any obligations, agreements,
or restrictions imposed upon it under this Plea Agreement.

E. ACCEPTANCE OF RESPONSIBILITY: The United States agrees that
based upon the information known to it at this time, the Defendant is entitled to
a two?level decrease in her offense level pursuant to U.S.S.G. 3E1. 
provided no evidence is disclosed in the presentence report which indicates the
Defendant has not demonstrated a recognition and af?rmative acceptance of
personal responsibility for her criminal conduct, and further provided she: (1)
complies with the terms of this plea agreement; (2) testifies truthfully during the

change of plea hearing; (3) participates truthfully with the Probation Of?ce in the

 

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presentence investigation; (4) does not violate any conditions of pretrial
detention or release after she signs this agreement; and (5) continues to exhibit
conduct consistent with acceptance of responsibility. Both the United States
and the Defendant otherwise reserve the right to present evidence and make
argument regarding sentencing.

F. TIMELY ACCEPTANCE OF RESPONSIBILITY: The United States
agrees that the Defendant has timely noti?ed authorities of her intention to enter
a plea of guilty thereby permitting the United States and the Court to allocate
their resources ef?ciently. Therefore, if the offense level determined prior to the
operation of U.S.S.G. 3E1 . 1(a) is level 16 or greater and the Defendant quali?es
for a twowlevel decrease under U.S.S.G. this provision shall be treated
at the sentencing hearing as a motion pursuant to U.S.S.G. 3E1.l(b) to
decrease the offense level by one additional level.

G. GOVERNMENTS RECOMMENDATION REGARDING SENTENCE 
WITHIN THE GUIDELINE RANGE: The Defendant and the United States
understand and agree that the Court will determine the applicable Guideline
range after reviewing the presentence report and considering any evidence or
arguments submitted at the sentencing hearing. The United States agrees that
it will recommend that the Court impose a sentence of imprisonment within the
applicable Guideline range. The Defendant understands that any
recommendation made by her or the United States is not binding on the Court.
The Defendant further understands that she may not withdraw her plea of guilty

if the Court rejects any recommendation.

 

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The United States reserves the right to present evidence and argument as
to what it believes the applicable Guideline range should be and to respond to
any request for a sentence below the applicable Guideline range. For the
purposes of this agreement, the ?applicable Guideline range? is the range found
by the Court by reference to the Sentencing Table at U.S.S.G. 5A based on the
Defendant?s total offense level and criminal history before adjustments, if any,
are made based on a downward departure, an 18 11.8.0. 3553-(e) sentencing
factor, or other variance.

H. STIPULATED OFFENSE LEVEL: It is understood and stipulated
between the United States and the Defendant that the base offense level upon
which the Defendant?s sentence is to be initially calculated, pursuant to U.S.S.G.
is 20, in that the Defendant's offense conduct and relevant
conduct readily provable by the United States involved at least 60 KG but less
than 80 KG of marihuana. The Defendant understands that should the Court
not follow the terms of this stipulation and agreement, she will not be allowed to
withdraw her plea.

I. SPECIAL ASSESSMENT: The Defendant agrees to remit to the US.
Clerk of Court, 225 S. Pierre Street, Pierre, SD 57501, no later than two weeks
prior to sentencing, a certi?ed or cashier's check payable to the Clerk of
Court" in the amount of 100, in full satisfaction of the statutory costs pursuant

to 18 U.S.C. 3013.

 

 

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J. FINE GOVERNMENT RECOMMENDATION: The United States
will recommend that the court impose a ?ne of not less than $1,000.

K. MONETARY OBLIGATIONS ONGOING DUTY:
The Defendant agrees, if requested by the United States, to return an
executed Authorization to Release Financial Records and Documents, an
executed Authorization to Release Tax Returns and Attachments, current
earnings statements, copies of his and an executed Financial Statement.
The Defendant understands that this is an ongoing duty which begins upon
execution of this plea agreement and continues until such time as payment of
any ?nancial obligation is remitted in full.

The Defendant agrees to assist the United States in identifying, locating,
returning, and transferring assets for use in payment of_ any ?nancial obligations
imposed as part of the sentence in this case. The Defendant expressly
authorizes the United States Attorney?s Of?ce to obtain credit reports on her
prior to judgment.

The Defendant also agrees that if she is incarcerated, she will participate
in the Bureau of Prisons? Inmate Financial Responsibility Program during any
period of incarceration in order to pay any financial obligatiOns ordered by the
Court. The Defendant?s agreement to participate in the Inmate Financial
Responsibility Program does not limit the United States? right to pursue
collection from other available sources. If there is no period of incarceration
ordered, the Defendant agrees that payment of any financial obligations ordered

6

 

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by the Court shall be a condition of probation.

L. RESERVING THE RIGHT TO REBUT OR CLARIFY MITIGATION
INFORMATION: The United States reserves the right to rebut or clarify matters
set forth in the presentence investigation report, or raised by the Defendant in
mitigation of her sentence, with evidence and argument.

M. INELIGIBILITY FOR FEDERAL BENEFITS: The Defendant further
understands that under the provisions of 21 U.S.C. 862, the Court has the
discretion to declare her ineligible for any and all federal bene?ts for a period of
up to 5 years following conviction.

N. BASIS FOR PLEA 0F GUILTY: The Defendant agrees that the
statement of facts, signed by the parties and incorporated herein by this
reference, provides the basis for her guilty plea in this case, and is a true and
accurate statement of her actions or omissions with regard to the charges to
which she is entering a plea, and that the Court may rely thereon in determining
the basis for her plea of guilty as provided for in this Plea Agreement.

0. WAIVER OF SPEEDY TRIAL: The Defendant agrees to waive any
rights to a speedy trial under either the United States constitution or the Speedy
Trial Act. This waiver is necessary so that the Court will have the bene?t of all
relevant information at sentencing.

P. PARTIES BOUND: It is further understood and agreed that this

agreement is limited to the United States Attorney's Of?ce for the District of

 

 

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South Dakota, and that this agreement cannot and does not bind other federal,
state, or local prosecuting authorities.

Q. SCOPE OF AGREEMENT: This agreement shall include any
attachments, exhibits or supplements designated by the parties. It is further
understood and agreed that no additional promises, agreements, or conditions
have been entered into other than those set forth in this agreement, and this
agreement supersedes any earlier or other understanding or agreement.

R. WAIVER OF DEFENSES AND APPEAL RIGHTS: The Defendant
hereby waives all defenses and her right to appeal any non?jurisdictional issues.
The parties agree that excluded from this waiver is the Defendant?s right to
appeal any decision by the Court to depart upward pursuant to the sentencing
guidelines as well as the length of her sentence for a determination of its
substantive reasonableness should the Court impose an. upward departure or an
upward variance pursuant to 18 13.8.0. 3553(a).

SUPPLEMENT TO PLEA AGREEMENT
The United States will ?le a Supplement to Plea Agreement, which is

required to be ?led in every case in compliance with the Court's Standing Order.

 

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RONALD A. PARSONS, R.
United States Atto 

  

20/7

Date CamerorM. CookV 
Assistant United te torney
PO. Box 7240
Pierre, SD 57501
Telephone: (605) 224-5402
Facsimile: (605) 224?8305
E-Mail: Cameron.Cook@usdoj.gov

 

 

APPROVED:

RONALD A. PARSONS, JR.
United States Attorney
By:

M. MAHER
Supervisory Assistant United States Attorney

7/79 922% 

 

 

 

 

Date Sarah Worthman
Defendant
fr- 
$6327; my 5% W?w
Date Terra Fisher

Attorney for Defendant