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UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
NORTHERN DIVISION

 

UNITED STATES OF AMERICA, CR 19?10020
Plaintiff,
PLEA AGREEMENT
VS.

QUENTON JAMES BROWN OTTER,

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 he
has been fully advised of his statutory and constitutional rights herein, and that
he has been informed of the charges and allegations against him and the penalty
therefor, and that he understands the same. The Defendant further agrees that

he understands that by entering a plea of guilty as set forth hereafter, he will be

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waiving certain statutory and constitutional rights to which he is otherwise
entitled.

B. PLEA AGREEMENT PROCEDURE N0 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
Rule of the Federal Rules of Criminal Procedure which authorizes the
United States to agree that it will recommend, or agree not to Oppose, the
Defendant?s request that a particular sentence or sentencing range is
appropriate or that a particular provision of the Sentencing Guidelines, or policy
statement, or sentencing factor, does or does not apply. Such agreements and
recommendations are not binding on the Court, and the Defendant may not
withdraw his plea of guilty if the Court rejects them.

C. PLEA 0F GUILTY TO CHARGE: The Defendant will plead guilty to
the Indictment filed in this case, which charges Distribution of a Controlled
Substance in violation of 21 U.S.C. and The charge
carries a maximum sentence of 20 years in prison, a $1,000,000 fine, or both,
and a period of 3 years, up to life, of supervised release. If the Defendant is
found by a preponderance of evidence to have violated a condition of supervised
release, he may be incarcerated for an additional term of up to 2 years on any

such revocation. Restitution may also be ordered.

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D. VIOLATION OF TERMS AND CONDITIONS: The Defendant
acknowledges and understands that if he 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
him 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 him 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 his 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 affirmative acceptance of personal

responsibility for his criminal conduct, and further provided he: (1) complies with

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the terms of this plea agreement; testifies truthfully during the change of plea
hearing; (3) participates truthfully with the Probation Office in the presentence
investigation; (4) does not violate any conditions of pretrial detention or release
after he 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 his intention to enter
a plea of guilty thereby permitting the United States and the Court to allocate
their resources efficiently. 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 two?level decrease under U.S.S.G. 3E1 this provision shall be treated
at the sentencing hearing as a motion pursuant to U.S.S.G. 3E1.1(b) to
decrease the offense level by one additional level.

G. 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

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applicable Guideline range. The Defendant understands that any
recommendation made by him or the United States is not binding on the Court.
The Defendant further understands that he may not withdraw his plea of guilty
if the Court rejects any recommendation.

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 U.S.C. 3553(e) sentencing
factor, or other variance.

H. 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 certified 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.

I. RESTITUTION AGREEMENT TO PAY: The Defendant hereby
agrees to make restitution to the victim pursuant to 18 U.S.C. 3663 and

3663A. The Defendant agrees that amount of restitution owed is $647.14.

I

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Such amount shall be joint and several with the restitution against Candace
Crow Ghost in 

J. 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 W?2s 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 financial 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 him her
prior to judgment.

The Defendant also agrees that if he is incarcerated, he 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

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ordered, the Defendant agrees that payment of any ?nancial obligations ordered
by the Court shall be a condition of probation.

K. 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 his sentence, with evidence and argument.

L. 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 his guilty plea in this case, and is a true and
accurate statement of his actions or omissions with regard to the charges to
which he is entering a plea, and that the Court may rely thereon in determining
the basis for his plea of guilty as provided for in this plea agreement.

M. 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 benefit of all
relevant information at sentencing.

N. PARTIES BOUND: It is further understood and agreed that this
agreement is limited to the United States Attorney?s Office for the District of
South Dakota, and that this agreement cannot and does not bind other federal,

state, or local prosecuting authorities.

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0. 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.

P. WAIVER OF DEFENSES AND APPEAL RIGHTS: The Defendant
hereby waives all defenses and his 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 his sentence for a determination of its
substantive reasonableness should the Court impose an upward departure or
an upward variance pursuant to 18 U.S.C. 3553(a).

SUPPLEMENT TO PLEA AGREEMENT

The United States will file a Supplement to Plea Agreement which is

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

RONALD A. PARSONS, JR.
United States Attorney

7//30//5 

Troy g/Morle?/

Assistant United States Attorney
PO. Box 7240

Pierre, SD 57501

Telephone: (605) 2246402
Facsimile: (605) 224?8305
.E?Mail: Troy.Morley@usdoj .gov

Date

8

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APPROVED:

RONALD A. PARSONS, JR.
United States Attorney

By:

M. MAHER
Supervisory Assistant United States Attorney

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Date uenton Jam Brown Otter

Defendant

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Date Dohrer
Attorney for Defendant