Case Document 20 Filed 08/14/20 Page 1 of 10 U.S. Department of Justice Andrew E. Lelling United States Attorney District of Massachusetts Marin Reception: (61 7) 7486100 John Joseph Mookley United States Courthouse 1 Courthouse Way Suite 9200 Boston, Massachusetts 02210 August 7, 2020 Via email lcaramanicalaw?lgmailcom] James M. Caramanica, Esq. Law Of?ce of James M. Caramanica, RC. 120 North Main Street, Suite 306 Attleboro, MA 02703 Re: United States V. Lamont Miguel Boswell Dear Mr. Caramanica: The United States Attorney for the District of Massachusetts (?the U.S. Attorney?) and your client, Lamont Miguel Boswell (?Defendant?), agree as follows with respect to the above- referenced case: 1. Change of Plea I At the earliest practicable date, Defendant shall waive indictment and plead guilty to the Information attached to this Plea Agreement charging him with: Count One, Felon in Possession of Firearm and Ammunition, in Violation of 18 U.S.C. 922(g)(1). Defendant expressly and unequivocally admits that he committed the crime charged in the Information, did so knowingly and willfully, and is in fact guilty of that offense. 2. Penalties Defendant faces the following maximum penalties on Count One of the Information: incarceration for 10 years; supervised release for 3 years; a ?ne of $250,000; a mandatory special assessment of $100; and forfeiture to the extent charged in the Information. 1 Case Document 20 Filed 08/14/20 Page 2 of 10 Defendant also recognizes that pleading guilty may have consequences with respect to Defendant?s immigration status if Defendant is not a citizen of the United States. Under federal law, a broad range of crimes are removable offenses, including the offense to which Defendant is pleading guilty. Removal and other immigration consequences are the subject of a separate proceeding, however, and Defendant understands that no one, including defense counsel and the District Court, can predict to a certainty the effect of this conviction on Defendant?s immigration status. Defendant nevertheless af?rms his decision to plead guilty regardless of any immigration consequences that this plea may entail, even if the consequence is Defendant?s automatic removal from the United States. 3. Fed. R. Crim. P. Plea This Plea Agreement is made pursuant to Fed. R. Crim. P. and Defendant?s guilty plea will be tendered pursuant to that provision. In accordance with Rule if the District Court (?Court?) accepts this Plea Agreement, the Court must include the agreed disposition in the judgment. If the Court rejects any aspect of this Plea Agreement, the US Attorney may deem the Plea Agreement null and void. Defendant understands and acknowledges that he may not withdraw his plea of guilty unless the Court rejects this Plea Agreement under Fed. R. Crim. P. 4. Sentencing Guidelines The parties agree jointly to take the following positions at sentencing under the United States Sentencing Guidelines or ?Guidelines?). The parties agree that Defendant?s total adjusted offense level under the Guidelines is calCulated as follows: 0 in accordance with USSG Defendant?s base offense level is 24, because he committed the offense of conviction in this case subsequent to sustaining two convictions of either a crime of violence or a controlled substance offense, to wit: Unlawful manufacture, distribution, dispensing, cultivation or possession with intent to manufacture, distribute, dispense or cultivate a Class controlled substance, in violation of Mass. General Laws 0. 94C and Unlaw??il manufacture, distribution, dispensing or possession with intent to manufacture, distribute or dispense a Class A controlled substance, in violation of Mass. General Laws 0. 94C, 32; and in accordance with USSG 3E1 . 1, based on Defendant?s prompt acceptance of personal responsibility for the offense of conviction in this case, the adjusted offense level is reduced by three. The US. Attorney?s agreement that the disposition set forth below is appropriate in this case is based, in part, on Defendant?s prompt acceptance of personal responsibility for the offense of conviction in this case. 2 Case Document 20 Filed 08/14/20 Page 3 of 10 The US. Attorney may, at his sole option, be released from his commitments under this Plea Agreement, including, but not limited to, his agreement that Paragraph 5 constitutes the appropriate disposition of this case, if at any time between Defendant?s execution of this Plea Agreement and sentencing, Defendant: Fails to admit a complete factual basis for the plea; Fails to truthfully admit Defendant?s conduct in the offense of conviction; (0) Falsely denies, or frivolously contests, relevant conduct for which Defendant IS accountable under US SG 1B1. 3; Fails to provide truthful information about Defendant?s ?nancial status; Gives false or misleading testimony in any proceeding relating to the criminal conduct charged in this case and any relevant conduct for which Defendant is accountable under USSG Engages in acts that form a basis for ?nding that Defendant has obstructed or impeded the administration of justice under USSG Intentionally fails to appear in Court or violates any condition of release; Commits a crime; Transfers any asset protected under any provision of this Plea Agreement; or G) Attempts to Withdraw Defendant?s guilty plea. Nothing in this Plea Agreement affects the US. Attorney?s obligation to provide the Court and the US. Probation Of?ce with accurate and complete information regarding this case. 5. Agreed Disposition Pursuant to Fed. R. Crim. P. the US. Attorney and Defendant agree that the following is a reasonable and appropriate disposition of this case: incarceration for a term within the range of 36 months to 71 months; a ?ne Within the guideline sentencing range, if the Court determines that the Defendant has the ?nancial ability to pay a ?ne; 3 Case Document 20 Filed 08/14/20 Page 4 of 10 (0) (6) 36 months of supervised release; a mandatory special assessment of $100, which Defendant must pay to the Clerk of the Court on or before the date of sentencing (unless Defendant establishes to the Court?s satisfaction that Defendant is unable to do so); and forfeiture as set forth in Paragraph 7. Within the sentencing range agreed to by the parties and re?ected in subparagraph supra, the sentence to be imposed upon Defendant is within the discretion of the Court, subject to the provisions of the advisory USSG and the factors set forth in 18 U.S.C. 35 53(a). 6. Waiver of Right to Appeal and to Bring Future Challenge Defendant has conferred with his attorney and understands that he has the right to challenge his conviction in the United States Court of Appeals for the First Circuit (?direct appeal?). Defendant also understands that, in some circumstances, Defendant may be able to challenge his conviction in a future proceeding (collateral or otherwise), such as pursuant to a motion under 28 U.S.C. 2255 or 28 U.S.C. 2241. Defendant waives any right to challenge Defendant?s conviction on direct appeal or in any future proceeding (collateral or otherwise). Defendant has conferred with his attorney and understands that defendants ordinarily have a right to challenge in a direct appeal their sentences (including any orders relating to the terms and conditions of supervised release, ?nes, forfeiture, and restitution) and may sometimes challenge their sentences (including any orders relating to the terms and conditions of supervised release, fines, forfeiture, and restitution) in a future proceeding (collateral or otherwise). The rights that are ordinarily available to a defendant are limited when a defendant enters into a Rule agreement. In this case, Defendant waives any rights Defendant may have to challenge the agreed-upon sentence (including any agreement relating to the terms and conditions of supervised release, fines, forfeiture, and restitution) on direct appeal and in a future proceeding (collateral or . otherwise), such as pursuant to 28 U.S.C. ?2255 and 28 U.S.C. 2241. Defendant also waives any right Defendant may have under 18 U.S.C. 3582(c)(2) to ask the Court to modify the sentence, even if the US SG are later amended in a way that appears favorable to Defendant. Likewise, Defendant agrees not to seek to be resentenced with the benefit of any 4 Case Document 20 Filed 08/14/20 Page 5 of 10 change to Defendant?s Criminal History Category that existed at the time of Defendant?s original sentencing. Defendant also agrees not to challenge the sentence in an appeal or future proceeding (collateral or otherwise) even if the Court rejects one or more positions advocated by any party at sentencing. In sum, Defendant understands and agrees that in entering into this Plea Agreement, the parties intend that Defendant will receive the bene?ts of the Plea Agreement and that the sentence will be ?nal. The US. Attorney agrees that he will not appeal the imposition by the Court of a sentence within the sentencing range agreed to by the parties as set out in Paragraph 5, even if the Court rejects one or more positions advocated by either party at sentencing. Regardless of the previous subparagraphs, Defendant reserves the right to claim that: Defendant?s lawyer rendered ineffective assistance of counsel under Strickland v. Washington; or (ii) the prosecutor in this case engaged in misconduct that entitles Defendant to relief ?om Defendant?s conviction or sentence. 7. Forfeiture Defendant understands that the Court will, upon acceptance of Defendant?s guilty plea, enter an order of forfeiture as part of Defendant?s sentence, and that the order of forfeiture may include assets directly traceable to Defendant?s offense, assets used to facilitate Defendant?s offense, substitute assets and/or a money judgment equal to the value of the property derived from, or otherwise involved in, the offense. The assets to be forfeited speci?cally include the following: a. a .38 Special caliber Smith Wesson model 442?2 revolver, serial number and b. ?ve .38 Special caliber live cartridges. Defendant admits that these assets are subject to forfeiture on the grounds that they were involved in or used in any knowing commission of Defendant?s offense. Defendant agrees to consent to the entry of orders of forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure 32.2, and 43 regarding notice of the forfeiture in the charging instrument, advice regarding the forfeiture at the change-of?plea hearing, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment. Defendant understands and agrees that forfeiture shall not satisfy or affect any ?ne, lien, penalty, restitution, cost of imprisonment, tax liability or any other debt owed to the United States. Case Document 20 Filed 08/14/20 Page 6 of 10 Defendant agrees to assist fully in the forfeiture of the foregoing assets. Defendant agrees to take all steps necessary to pass clear title to the forfeited assets to the United States, including but not limited to executing any and all documents necessary to transfer such title, assisting in bringing any assets located outside of the United States within the jurisdiction of the United States, and taking whatever steps are necessary to ensure that assets subject to forfeiture are not sold, disbursed, wasted, hidden or otherwise made unavailable for forfeiture. Defendant further agrees not to assist any third party in asserting a claim to the forfeited assets in an ancillary proceeding, and to testify truthfully in any such proceeding. If the US. Attorney requests, Defendant shall deliver to the US. Attorney within 30 days after signing this Plea Agreement a sworn financial statement disclosing all assets in which Defendant currently has any interest and all assets over which Defendant has exercised control, or has had any legal or bene?cial interest. Defendant further agrees to be deposed with respect to Defendant?s assets at the request of the US. Attorney. Defendant agrees that the United States Department of Probation may share any ?nancial information about the Defendant with the United States Attorney?s Of?ce. Defendant also agrees to waive all constitutional, legal, and equitable challenges (including direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with this Plea Agreement. Defendant hereby waives and releases any claims Defendant may have to any vehicles, currency, or other personal pr0perty seized by the United States, or seized by any state or local law enforcement agency and turned over to the United States, during the investigation and prosecution of this case, and consents to the forfeiture of all such assets. 8. Civil Liability . By entering into this Plea Agreement, the US Attorney does not compromise any civil liability, including but not limited to any tax liability, Defendant may have incurred or may incur as a result of Defendant?s conduct and plea of guilty to the charges specified in Paragraph 1 of this Plea Agreement. 9. Withdrawal of Plea by Defendant or Reiection of Plea by Court Should Defendant move to withdraw his guilty plea at any time, or should the Court reject the parties? agreed-upon disposition of the case or any other aspect of this Plea Agreement, this Plea Agreement shall be null and void at the option of the US. Attorney. In this event, Defendant agrees to waive any defenses based upon the statute of limitations, the constitutional protection against pre-indictment delay, and the Speedy Trial Act with respect to any and all charges that could have been timely brought or pursued as of the date of this Plea Agreement. Case Document 20 Filed 08/14/20 Page 7 of 10 10. Breach of Plea Agreement If the U.S. Attorney determines that Defendant has failed to comply with any provision of this Plea Agreement, has engaged in any of the activities set forth in Paragraph has violated any condition of Defendant?s pretrial release, or has committed any crime following Defendant?s execution of this Plea Agreement, the U.S. Attorney may, at his sole option, be released from his commitments under this Plea Agreement in their entirety by notifying Defendant, through counsel or otherwise, in writing. The U.S. Attorney may also pursue all remedies available to him under the law, regardless whether he elects to be released from his commitments under this Plea Agreement. Further, the U.S. Attorney may pursue any and all charges which otherwise may have been brought against Defendant and/or have been, or are to be, dismissed pursuant to this Plea Agreement. Defendant recognizes that his breach of any obligation under this Plea Agreement shall not give rise to grounds for withdrawal of Defendant?s guilty plea, but will give the U.S. Attorney the right to use against Defendant before any grand jury, at any trial or hearing, or for sentencing purposes, any statements made by Defendant and any information, materials, documents or objects provided by Defendant to the government, without any limitation, regardless of any prior agreements or understandings, written or oral, to the contrary. In this regard, Defendant hereby waives any defense to any charges that Defendant might otherwise have based upon any statute of limitations, the constitutional protection against pre- -indictment delay, or the Speedy Trial Act. ll. Who is Bound by Plea Agreement This Plea Agreement is limited to the U. S. Attorney for the District of Massachusetts, and cannot and does not bind the Attorney General of the United States or any other federal, state or local prosecutive authorities. 12. Modi?cations to Plea Agreement This Plea Agreement can be modi?ed or supplemented only in a written memorandum signed by the parties or on the record in court. If this letter accurately re?ects the agreement between the U.S. Attorney and Defendant, please have Defendant Sign the Acknowledgment of Plea Agreement below Please also sign below as Witness. Return the original of this letter to Assistant S. Attorney Fred M. Wyshak, . Case Document 20 Filed 08/14/20 Page 8 of 10 By: Very truly yours, ANDREW E. LELLING United States Attorney . 111-" Lori. Holik Chief, Major Crimes Unit William Abely Depnty Chief, 'or Crimes Unit Assistant U. S. Attorney Case Document 20 Filed 08/14/20 Page 9 of 10 ACKNOWLEDGMENT OF PLEA AGREEMENT I have read this letter in its entirety and discussed it with my attorney. I hereby acknowledge that it accurately sets forth my plea agreement with the United States Attorney?s Of?ce for the District of Massachusetts; there are no unwritten agreements between me and the United States Attorney? 3 Of?ce; and no of?cial of the United States has made any unwritten promises or representations to me, in connection with my change of plea. In addition, I have received no prior offers to resolve this case. I understand the crime to which I have agreed to plead guilty, the maximum penalties for that offense, and the Sentencing Guideline penalties potentially applicable to it. I am satis?ed with the legal representation provided to me by my attorney. We have had suf?cient time to meet and discuss my case. We have discussed the charge against me, possible defenses I might have, the terms of this Plea Agreement and whether I should go to trial. I am entering into this Plea Agreement freely, voluntarily, and knowingly because I- am guilty the offense to which I am pleading guilty and I believe this Plea Agreement is in my best interest. .1, a, Lamont Miguel Boswell Defendant Date: irn? QQAQ I certify that Lamont Miguel Boswell has read this Plea Agreement and that we have discussed its meaning. I believe he understands the Plea Agreement and is entering into the Plea Agreement freely, voluntarily and knowingly. I also certify that the US. Attorney has not extended any other offers to resolve this matter. Jam M. Caramanica? Att 7 ey for Defendant Date: gig/W Case 1:20-cr-10144-GAO Document 20 Filed 08/14/20 Page 10 of 10 CERTIFICATE OF SERVICE I, Fred M. Wyshak, III, Assistant United States Attorney, do hereby certify that this document, filed through the Electronic Case Filing system, will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF), and that paper copies will be sent to those indicated as nonregistered participants on August 14, 2020. ____________________________ FRED M. WYSHAK, III Assistant U.S. Attorney