US V Bryan Nash (Plea Agreement)
US V Bryan Nash (Plea Agreement)
RYAN G. WELDON
Assistant U.S. Attorneys
U.S. Attorney’s Office
P.O. Box 8329
Missoula, MT 59807
105 East Pine Street, 2nd Floor
Missoula, MT 59801
Phone: (406) 542-8851
FAX: (406) 542-1476
Email: tim.racicot2@usdoj .gov
[email protected]
vs.
Defendant.
Assistant United States Attorneys for the District of Montana, and the defendant,
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Bryan Gregg Waterfield Nash, and the defendant’s attorney, John Rhodes, have
Office for the District of Montana and the defendant. It does not bind any other
At the time of sentencing, if the Court accepts this plea agreement, the
United States will move to dismiss the superseding indictment and the original
indictment.
3. Nature of the Agreement: The parties agree that this plea agreement
provided the United States: a) moves to dismiss, and the Court agrees to dismiss.
the superseding indictment and the original indictment; and b) makes the
consideration for not informing, against a violation of a law of the United States.
signature on, this agreement, the defendant consents to plea and sentencing before
prosecution for perjury or false statement, any statement given under oath during
(c) The defendant has the right to plead not guilty or to persist in a
(d) The defendant has the right to a jury trial unless, by written
waiver, the defendant consents to a non-jury trial. The United States must also
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neeessary, have the Court appoint eounsel at trial and at every other stage of these
proceedings.
laypersons selected at random. The defendant and the defendant’s attorney would
have a say in who the jurors would be by removing prospective jurors for cause
peremptory challenges. The jury would have to agree unanimously before it could
return a verdict of either guilty or not guilty. The jury would be instructed that the
defendant is presumed innocent, and that it could not convict unless, after hearing
all the evidence, it was persuaded of the defendant’s guilt beyond a reasonable
doubt.
(g) If the trial is held by the judge without a jury, the judge would
find the facts and determine, after hearing all of the evidence, whether or not the
be required to present its witnesses and other evidence against the defendant. The
could present witnesses and other evidence. If the witnesses for the defendant
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would not appear voluntarily, their appearance could be mandated through the
the defendant could decline to testify and no inference of guilt could be drawn
from the refusal to testify. Or the defendant could exercise the choice to testify.
and Commitment, the defendant would have the right to appeal the conviction to
the Ninth Circuit Court of Appeals for review to determine if any errors were made
(k) The defendant has a right to have the district court conduct the
change of plea hearing required by Rule 11, Federal Rules of Criminal Procedure.
By execution of this agreement, the defendant waives that right and agrees to hold
that hearing before, and allow the Rule 11 colloquy to be conducted by, the U.S.
the United States may be removed from the United States, denied citizenship, and
agreement, the defendant is waiving all of the rights set forth in this paragraph.
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The defendant’s attorney has explained those rights and the consequences of
way inconsistent with acceptance of responsibility. The United States will move
probation for five years. The parties reserve the right to make any other arguments
at the time of sentencing. The defendant understands that the Court is not bound
by this recommendation.
understands that the law provides a right to appeal and collaterally attack the
Based on the concessions made by the United States, the defendant knowingly
waives any right to appeal or collaterally attack any aspect of the sentence.
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the admitted conduct does not fall within any statute of conviction. This waiver
does not prohibit the right to pursue a collateral challenge alleging ineffective
assistance of counsel.
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.
induce the defendant to plead guilty, and that this agreement is freely and
parties concerning the appropriate disposition of this case, the United States does
commits any new criminal offenses between signing this agreement and
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sentencing, the U.S. Attorney’s Office is relieved of its obligations under this
agreement, but the defendant may not withdraw the guilty plea.
United States, the defendant, or defense counsel prior to the full execution of this
representations have been made by the United States except as set forth in writing
in this plea agreement. This plea agreement constitutes the entire agreement
between the parties. Any term or condition which is not expressly stated as part of
KURT G. ALME
United States Attorney
TIMOTHY CICOT
>
BRYAN\GREGG^VATERFIELD NASH
Defendant
Date:
RHODES
Defense Counsel
Date:
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