Case 1:17-cr-00295-CMH Document 31 Filed 11/08/19 Page 1 of 8 PageID# 70 IN THE UNITED STATES DISTRICT COURT ] imopencouht. EASTERN DISTRICT OF VIRGINIA N - 8 2019 Alexandria Division UNITED STATES OF AMERICA No. l;17-CR-295-CMH ABDIRIZAK HAJIRAGHE WEHELIE, a/k/a"HajiRaghe," Defendant. PLEA AGREEMENT The United States and the defendant, Abdirizak Haji Raghe Wehelie, a/k/a Haji Raghe, have entered into an agreement pursuant to Rule 11 ofthe Federal Rules of Criminal Procedure. The terms ofthe agreement are as follows: 1. Offense and Maximum Penalties The defendant agrees to plead guilty to Count Six ofthe superseding indictment(the "indictment") charging the defendant with making a false statement to the Federal Bureau of Investigation, in violation of Title 18, United States Code, Section 1001. The maximum penalties for this offense are a maximum term offive years of imprisonment, a fine of$250,000, and a supervised release term of a maximum ofone year. The defendant understands that this supervised release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term of supervised release. 2. Factual Basis for the Plea The defendant will plead guilty because the defendant is in fact guilty ofthe charged offense. The defendant admits the facts set forth in the statement of facts filed with this plea Case Document 31 Filed 11/08/19 Page 2 of 8 Page D# 71 agreement and agrees that those facts establish guilt of the offense charged beyond a reasonable doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes a stipulation of facts for purposes of Section 1B1.2(c) of the Sentencing Guidelines. 3. Assistance and Advice of Counsel The defendant is satis?ed that the defendant?s attorney has rendered effective assistance. The defendant understands that by entering into this agreement, defendant surrenders certain rights as provided in this agreement. The defendant understands that the rights of criminal defendants include the following: a. the right to plead not guilty and to persist in that plea; b. the right to a jury trial; c. the right to be represented by counsel and if necessary have the court appoint counsel at trial and at every other stage of the proceedings; and d. the right at trial to confront and cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify and present evidence, and to compel the attendance of witnesses. 4. Role of the Court and the Probation Of?ce The defendant understands that the Court has jurisdiction and authority to impose any sentence within the statutory maximum described above but that the Court will determine the defendant?s actual sentence in accordance with 18 U.S.C. 3553(a). The defendant understands that the Court has not yet determined a sentence and that any estimate of the advisory sentencing range under the US. Sentencing Commission?s Sentencing Guidelines Manual the defendant may have received from the defendant?s counsel, the United States, or the Probation Of?ce, is a prediction, not a promise, and is not binding on the United States, the Probation Of?ce, or the Case Document 31 Filed 11/08/19 Page 3 of 8 Page D# 72 Court. Additionally, pursuant to the Supreme Court?s decision in United States v. Booker, 543 US. 220 (2005), the Court, after considering the factors set forth in 18 U.S.C. 3553(a), may impose a sentence above or below the advisory sentencing range, subject only to review by higher courts for reasonableness. The United States makes no promise or representation concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty plea based upon the actual sentence. Further, in accordance with Rule 1 of the Federal Rules of Criminal Procedure, the United States and the defendant will recommend to the Court that Section .1 of the Sentencing Guidelines applies to the charged offense, that the ?terrorism enhancement? in Section 3A1 .4 and the ?obstruction of justice? enhancement in Section 3C1.1 do not apply under the speci?c circumstances of the charged offense, and that, if the defendant falls within Criminal History Category I, the Total Offense Level would be 6 and the advisory Guidelines Sentencing Range would be zero to six months? imprisonment. The United States and the defendant have not agreed on any further sentencing issues, whether related to the Sentencing Guidelines or otherwise, other than those listed above or elsewhere in this plea agreement. Any stipulation on a Guideline provision does not limit the parties? arguments as to 18 U.S.C. 3553(a). 5. Waiver of Appeal, FOIA and Privacy Act Rights The defendant also understands that 18 U.S.C. 3742 affords a defendant the right to appeal the sentence imposed. Nonetheless, the defendant knowingly waives the right to appeal the conviction and any sentence within the statutory maximum described above (or the manner in which that sentence was determined) on the grounds set forth in 18 U.S.C. 3742 or on any ground whatsoever other than an ineffective assistance of counsel claim that is cognizable on direct appeal, in exchange for the concessions made by the United States in this plea agreement. Case Document 31 Filed 11/08/19 Page 4 of 8 Page D# 73 This agreement does not affect the rights or obligations of the United States as set forth in 18 U.S.C. 3742(b). The defendant also hereby waives all rights, whether asserted directly or by a representative, to request or receive from any department or agency of the United States any records pertaining to the investigation or prosecution of this case, including without limitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552a. 6. Special Assessment Before sentencing in this case, the defendant agrees to pay a mandatory Special assessment of $100 per count of conviction. 7. Payment of Monetary Penalties The defendant understands and agrees that, pursuant to 18 U.S.C. 3613, whatever monetary penalties are imposed by the Court will be due immediately and subject to immediate enforcement by the United States as provided for in Section 3613. Furthermore, within 14 days of a request, the defendant agrees to provide all of the defendant?s ?nancial information to the United States and the Probation Of?ce and, if requested, to participate in a pre-sentencing debtor?s examination and/or complete a ?nancial statement under penalty of perjury. If the Court imposes a schedule of payments, the defendant understands that the schedule of payments is merely a minimum schedule of payments and not the only method, nor a limitation on the methods, available to the United States to enforce the judgment. Until restitution is paid in hill, the defendant will be referred to the Treasury Offset'Program so that any federal payment or transfer of returned property to the defendant will be offset and applied to pay the defendant?s unpaid restitution. If the defendant is incarcerated, the defendant agrees to voluntarily Case Document 31 Filed 11/08/19 Page 5 of 8 Page D# 74 participate in the Bureau of Prisons? Inmate Financial Responsibility Program, regardless of whether the Court Specifically directs participation or imposes a schedule of payments. 8. Immunity from Further Prosecution in this District The United States will not further criminally prosecute the defendant in the Eastern District of Virginia for the speci?c conduct described in the indictment or statement of facts. This plea agreement and statement of facts does not confer on the defendant any immunity from prosecution by any state government in the United States. 9. Dismissal of Other Counts - Upon execution of this agreement and the Court?s acceptance of the defendant?s plea of guilty, the United States will move to dismiss the remaining counts of the indictment against this defendant. 10. Breach of the Plea Agreement and Remedies This agreement is effective when signed by the defendant, the defendant?s attorney, and an attorney for the United States. The defendant agrees to entry of this plea agreement at the date and time scheduled with the Court by the United States (in consultation with the defendant?s attorney). If the defendant withdraws from this agreement, or commits or attempts to commit any additional federal, state or local crimes, or intentionally gives materially false, incomplete, or misleading testimony or information, or otherwise violates any provision of this agreement, then: a. The United States will be released from its obligations under this agreement, including any obligation to seek a downward departure or a reduction in sentence. The defendant, however, may not withdraw the guilty plea entered pursuant to this agreement; Case Document 31 Filed 11/08/19 Page 6 of 8 PagelD# 75 b. The defendant will be subject to prosecution for any federal criminal violation, including, but not limited to, perjury and obstruction of ustice, that is not time?barred by the applicable statute of limitations on the date this agreement is signed. Notwithstanding the subsequent expiration of the statute of limitations, in any such prosecution, the defendant agrees to waive any statute-of?limitations defense; and c. Any prosecution, including the prosecution that is the subject of this agreement, may be premised upon any information provided, or statements made, by the defendant, and all such information, statements, and leads derived therefrom may be used against the defendant. The defendant waives any right to claim that statements made before or after the date of this agreement, including the statement of facts accompanying this agreement or adopted by the defendant and any other statements made pursuant to this or any other agreement with the United States, should be excluded or suppressed under Fed. R. Evid. 410, Fed. R. Crim. P. 1 the Sentencing Guidelines or any other provision of the Constitution for federal law. Any alleged breach of this agreement by either party shall be determined by the Court in an apprOpriate proceeding at which the defendant?s disclosures and documentary evidence shall be admissible and at which the moving party shall be required to establish a breach of the plea agreement by a preponderance of the evidence. Case Document 31 Filed 11/08/19 Page 7 of 8 Page D# 76 11. Nature of the Agreement and Modi?cations This written agreement, a part of which has been ?led under seal, constitutes the complete plea agreement between the United States, the defendant, and the defendant?s counsel. The defendant and the defendant?s attorney acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in writing in this plea agreement, to cause the defendant to plead guilty. Any modi?cation of this plea agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement signed by all parties. Kev C. Nunnally Case Document 31 Filed 11/08/19 Page 8 of 8 Page D# 77 Defendant?s Signature: I hereby agree that I have consulted with my attorney and fully understand all rights with respect to the pending criminal indictment. Further, I fully understand all rights with respect to Title 18, United States Code, Section 3553 and the provisions of the Sentencing Guidelines Manual that may apply in my case. I have read this plea agreement and carefully reviewed every part of it with my attomey. I understand this agreement and voluntarily agree to it. Date: It /f?a/b?/?Us?jt Abdirizak Haji Raghe Wehelie Defendant Defense Counsel Signature: I am counsel for the defendant in this case. I have fully explained to the defendant the defendant?s rights with reSpect to the pending indictment. Further, I have reviewed Title 18, United States Code, Section 3553 and the Sentencing Guidelines Manual, and I have fully explained to the defendant the provisions that may apply in this case. I have carefully reviewed every part of this plea agreement with the defendant. To my knowledge, the defendant?s decision to enter into this agreement is an informed and voluntary one. - Date: I . Nina Jf?liinsbjerg 5 Counsel for the Defen a