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USA v. Allen Dwight Gailliot Plea Agreement
USA v. Allen Dwight Gailliot Plea Agreement
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PLEA AGREEMENT
Pursuant to Rule 1 l(c)(l) of the Federal Rules of Criminal Procedure, the parties hereto
acknowledge that they have entered into negotiations which have resulted in this Agreement. The
agreement of the parties is as follows:
count ONE of the Indictment charging the Defendant with Conspiracy to Distribute
Methamphetamine, in violation of 21 U.S.C. 841(b)(l)(C) & 21 U.S .C. 846. If the Court
accepts this Plea Agreement, once the Court has pronounced sentence, the United States will move
to dismiss count TWO of the Indictment.
The Defendant acknowledges that he/she has been advised and understands that
he/she has a right to have a United States District Judge presiding when he/she enters a guilty plea
and that he/she can exercise that right without concern or reservation. The Defendant and the
United States hereby consent to have the proceedings required by Rule 11 of the Federal Rules of
Criminal Procedure incident to the making of the plea to be conducted by the United States
Magistrate Judge. If, after conducting such proceedings, the Magistrate Judge recommends that
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the plea(s) of guilty be accepted, a presentence investigation and report will be ordered pursuant
to Federal Rule of Criminal Procedure 32. The Defendant acknowledges that his/her plea of guilty
is subject to approval and acceptance by the District Judge and that sentencing will be conducted
by the District Judge.
The parties acknowledge that pursuant to 28 U.S.C. 636(b )(1 )(B), the failure to
file objections to the Report and Recommendation within fourteen (14) days bars them from
objecting to the District Court's acceptance of the guilty plea as recommended by the Magistrate
Judge. Having been advised of the right to object to the Report and Recommendation, the parties
wish to waive that right for the purpose of expediting acceptance of the guilty pleas(s) in this
matter. Accordingly, evidenced by their signatures appearing below, the parties hereby waive the
right to object to the Magistrate Judge's Report and Recommendation Concerning Plea of Guilty,
and consent to acceptance of the same by the United States District Judge so that acceptance of
the guilty plea(s) may proceed forthwith.
The Defendant has fully discussed with defense counsel the facts of this case and
the elements of the crime to which the Defendant is pleading guilty. The Defendant has committed
each of the elements of the crime to which the Defendant is pleading guilty, and admits that there
is a factual basis for this guilty plea. The following facts are true and undisputed:
a.
1 oz. of
b.
On March 11 , 2016, detectives from the 41h Judicial Drug Task Force
Also on March 11 , 2016, detectives from the 4th Judicial Drug Task Force
executed a search warrant at Curtis and GAILLIOT's other residence located on Happy Hollow
Road in Fayetteville, AR. A total of272 grams of actual Methamphetamine, packaged for sale was
located in the residence as well as digital scales, baggies, drug ledgers.
d.
On March 15, 2016, detectives from the 4th Judicial Drug Task Force
executed a search warrant on Gailliot and Curtis' storage unit at West Side Storage. This is the
same unit noted on the business card located in the defendant' s pocket at the time of his arrest.
Inside detectives located 1,749 grams of actual methamphetamine in U.S.P.S. parcels from
California addressed to ALLEN DWIGHT GAILLIOT, the defendant in this case.
e.
methamphetamine from the defendant, the defendant's residence and the defendant's storage unit,
statements made by a co-defendant, and the defendant's presence during a drug transaction at his
residence the government could prove that the defendant in this case conspired with Leslie Erin
Curtis and other unknown persons to distribute methamphetamine in the Western District of
Arkansas.
ADVICE OF RIGHTS
5.
The Defendant hereby acknowledges that he has been advised of and fully
c.
d.
e.
f.
g.
h.
6.
The Defendant hereby acknowledges that he understands with respect to each count
to which he pleads guilty, he thereby WAIVES all of the rights listed as (b) through (h) of the
above paragraph.
W AIYER OF ACCESS TO RECORDS
7.
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 of 1974, 5 U.S.C. 552a.
W AIYER OF "HYDE" CLAIM
8.
The Defendant hereby waives any claim under the Hyde Amendment, 18 U.S.C.
3006A (Statutory Note), for attorney fees and other litigation expenses arising out of the
investigation or prosecution of this matter.
9.
The Defendant agrees that if after signing this Plea Agreement the Defendant
commits any crimes, violates any conditions of release, or fails to appear for sentencing, or if the
Defendant provides information to the Probation Office or the Court that is intentionally
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The Defendant further agrees that a breach of any provisions of this Plea Agreement
shall operate as a W AIYER of Defendant's rights under Rule 11 (f) of the Federal Rules of Criminal
Procedure and Rule 410 of the Federal Rules of Evidence and the United States shall be allowed
to use and to introduce into evidence any one or more of the following:
a.
b.
c.
d.
e.
f.
admissions against interest, both oral and written, made by the Defendant
to any person;
statements made by the Defendant during his/her change of plea hearing;
the factual basis set forth in the Plea Agreement;
any testimony given under oath in these proceedings or to a grand jury or a
petitjury;
any and all physical evidence of any kind which the Defendant has provided
to the United States; and,
any and all information provided by the Defendant to the United States'
attorneys, or to federal , state, county, and/or local Jaw enforcement officers.
MAXIMUM PENAL TIES
11.
The Defendant hereby acknowledges that he has been advised of the maximum
penalties for each count to which he is pleading guilty. By entering a plea of guilty to count ONE
of the Indictment, the Defendant agrees that he faces:
a.
b.
c.
d.
e.
f.
g.
of the sentence, the Defendant will be subject to the standard conditions of supervised release as
recommended by the United States Sentencing Commission and may be subject to other special
conditions of supervised release as determined by the Court.
h.
i.
J.
k.
1.
The Defendant shall not leave the judicial district without the permission of
the Court or probation officer.
The Defendant shall report to the probation officer in a manner and
frequency directed by the Court or probation officer.
The Defendant shall answer truthfully all inquiries by the probation officer
and follow the instructions of the probation officer.
The Defendant shall support his or her dependents and meet other family
responsibilities.
The Defendant shall work regularly at a lawful occupation, unless excused
by the probation officer for schooling, training, or other acceptable reasons.
The Defendant shall notify the probation officer at least ten days prior to
any change in residence or employment.
The Defendant shall refrain from excessive use of alcohol and shall not
purchase, possess, use, distribute, or administer any controlled substance or
any paraphernalia related to any controlled substances, except as prescribed
by a physician.
The Defendant shall not frequent places where controlled substances are
illegally sold, used, distributed, or administered.
The Defendant shall not associate with any persons engaged in criminal
activity and shall not associate with any person convicted of a felony, unless
granted permission to do so by the probation officer.
The Defendant shall permit a probation officer to visit him or her at any
time at home or elsewhere and shall permit confiscation of any contraband
observed in plain view of the probation officer.
The Defendant shall notify the probation officer within seventy-two hours
of being arrested or questioned by a law enforcement officer.
The Defendant shall not enter into any agreement to act as an informer or a
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m.
NO OTHER CHARGES
13.
The United States agrees that no other federal charges, which stem from the
activities described in the Indictment, will be brought against the Defendant in the Western District
of Arkansas.
SENTENCING GUIDELINES ARE ADVISORY BUT NOT MANDA TORY
14.
The parties acknowledge that the Court shall consult and take into account the
United States Sentencing Commission Guidelines in determining the sentence, but that the Court
is not bound by the Guidelines and may sentence the Defendant to any sentence within the statutory
range.
AGREEMENT DOES NOT PROMISE A SPECIFIC SENTENCE
15.
The Defendant acknowledges that discussions have taken place concerning the
possible guideline range which might be applicable to this case. The Defendant agrees that any
discussions merely attempt to guess at what appears to be the correct guideline range and do not
bind the District Court. Further, the Defendant acknowledges that the actual range may be greater
than contemplated by the parties. In the event that the actual guideline range is greater than the
parties expected, the Defendant agrees that this does not give him/her the right to withdraw his/her
plea of guilty.
RELEVANT CONDUCT CONSIDERED
16.
At the sentencing hearing, the United States will be permitted to bring to the Court's
attention, and the Court will be permitted to consider, all relevant information with respect to the
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Defendant's background, character and conduct, including the conduct that is the subject of this
investigation for which he/she has not been charged up to the date of this Agreement, and/or which
is the basis for any of the counts which will be dismissed pursuant to this agreement, as provided
by 1B1.3 of the Sentencing Guidelines.
PERJURY
17.
In the event that it is determined that the Defendant has not been truthful with the
Court as to any statements made while under oath, this Plea Agreement shall not be construed to
protect the Defendant from prosecution for perjury or false statement.
18.
The United States agrees not to object to a recommendation by the Probation Office
or a ruling of the Court which awards the Defendant an appropriate-level decrease in the base
offense level for acceptance of responsibility. If the offense level in the Presentence Report is 16
or greater and the Court accepts a recommendation in the Presentence Report that the Defendant
receive two points for acceptance of responsibility, the United States agrees to move for an
additional one-point reduction for acceptance ofresponsibility for a total of three points. However,
the United States will not be obligated to move for an additional one-point reduction or recommend
any adjustment for acceptance of responsibility if the Defendant engages in conduct inconsistent
with acceptance ofresponsibility including, but not limited to, the following a) falsely denies, or
makes a statement materially inconsistent with, the factual basis set forth in this agreement, b)
falsely denies additional relevant conduct in the offense, c) is untruthful with the United States,
the Court or probation officer, or d) materially breaches this Plea Agreement in any way.
UNITED STATES' RESERVATION OF RIGHTS
19.
Although the United States agrees not to object to certain findings by the Probation
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make all facts known to the Probation Office and to the Court;
call witnesses and introduce evidence in support of the Presentence Report;
contest and appeal any finding of fact or application of the Sentencing
Guidelines;
contest and appeal any departure from the appropriate Guideline range; and,
defend all rulings of the District Court on appeal including those rulings
which may be contrary to recommendations made or positions taken by the
United States in this Plea Agreement which are favorable to the Defendant.
NO RIGHT TO WITHDRAW THE GUILTY PLEA
20.
The United States' concessions on sentencing options are non-binding and made
pursuant to Rule 1 l(c)( l)(B) of the Federal Rules of Criminal Procedure. As a result, ifthe Court
should reject the Defendant's requests or recommendations for certain findings of fact or
applications of the Guidelines, the Defendant acknowledges that there is no right to withdraw the
guilty plea.
DISMISSAL OF COUNTS
21.
The United States' agreement to dismiss certain counts of the Indictment is made
pursuant to Rule 11 (c)(l)(A) of the Federal Rules of Criminal Procedure. As a result, ifthe Court
should reject the United States' motion to dismiss the agreed counts of the Indictment, the
Defendant shall be afforded the right to withdraw his plea pursuant to Rule 1l(c)(5)(B) of the
Federal Rules of Criminal Procedure.
AGREEMENT NOT BINDING ON THE COURT
22.
The parties agree that nothing in this agreement binds the District Court to:
a.
b.
c.
d.
e.
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23.
The United States and the Defendant acknowledge that the Court has an obligation
to review the Presentence Report before it accepts or rejects this Plea Agreement.
AGREEMENT DOES NOT BIND ANY OTHER ENTITY
24.
The parties agree that this Plea Agreement does not bind any governmental entity
other than the United States Attorney's Office for the Western District of Arkansas.
SPECIAL ASSESSMENT
25.
The Defendant agrees to pay $100 as the special assessment in this case.
REPRESENTATIONS BY DEFENDANT
26.
c.
d.
e.
The Defendant has read this agreement (or has had this agreement read to
him/her) and has carefully reviewed every part of it with defense counsel.
The Defendant fully understands this Plea Agreement and is not under the
influence of anything that could impede the Defendant's ability to fully
understand this Plea Agreement.
No promises, agreements , understandings, or conditions have been made or
entered into in connection with the decision to plead guilty except those set
forth in this Plea Agreement.
The Defendant is satisfied with the legal services provided by defense
counsel in connection with this Plea Agreement and matters related to it.
The Defendant has entered into this Plea Agreement freely, voluntarily, and
without reservation and the Defendant's desire to enter a plea of guilty is not
the result of threats or coercion directed at the Defendant or anyone
connected with the Defendant.
By signing this Plea Agreement, counsel for the Defendant acknowledges that:
a.
Counsel has carefully reviewed every part of this agreement with the
Defendant and this agreement accurately and completely sets forth the
entire agreement between the United States and the Defendant.
b.
c.
The Defendant and his/her attorney both acknowledge that this Plea Agreement
constitutes the entire agreement of the parties. Further, all parties agree that there are no oral
agreements or promises which have been made to induce the Defendant to change his plea to
guilty.
Dated this .22_ day of
Ac,c:;uJ t
'2016.
KENNETH ELSER
UNITED STATES ATTORNEY
By:
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