IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
EASTERN
DISTRICT
OF
VIRGINIA
CLERK,
U.S.
DISTRICT
COURT
NORFOLK.
VA
Norfolk
Division
FILED
IN
OPEN
COURT
UNITEDSTATESOF
AMERICA
)
)
v.
)
CRIMINAL
NO.
2:12cr59
)
JERAMIAH
B.
PERKINS
)
PLEA
AGREEMENT
NeilH.
MacBride,
United
States
Attorney
for
the
Eastern
District
of
Virginia,
Robert
J.
Krask,
Assistant
United
States
Attorney,
John
H,
Zacharia,
SeniorCounsel,
Computer
Crime
and
Intellectual
Property
Section,
defendant
JERAMIAH
B.
PERKINS,
and
thedefendant'scounsel,
Jon
M.
Babineau,have
entered
into
an
agreement
pursuant
to
Rule
11
of
the
Federal
Rulesof
CriminalProcedure.
The
terms
of
the
agreement
areas
follows:
1,
Offense
and
Maximum
Penalties
The
defendant
agrees
to
plead
guilty
to
count
one
of
the
indictment
which
charges
the
defendant
with
conspiracy
to
commit
copyright
infringement
in
violation
of
Title
18,
United
States
Code,
Section371,
which
offense
carries
maximum
penalties
of
five(5)
years
of
incarceration,a
fine
of
5250,000,
a
special
assessment,
and
a
term
of
supervised
release
of
three
(3)
years.
The
defendantunderstands
that
asupervised
release
term
is
in
addition
to
any
prisonterm
the
defendant
may
receive,
and
that
a
violation
of
a
termof
supervised
release
could
resultin
the
defendantbeing
returned
to
prison
forthe
full
term
of
supervised
release.
2.
Role
ofthe
Court
and
the
Probation
Office
The
defendantunderstands
thatthe
Court
has
jurisdiction
and
authority
to
impose
any
sentencewithin
thestatutory
maximum
described
above
but
that
the
Court
will
determine
the
/?
j
"
Case 2:12-cr-00059-AWA-TEM Document 72 Filed 08/29/12 Page 1 of 11 PageID# 231
defendant's
actual
sentence
in
accordance
with
Title18,
United
States
Code,
Section3553(a).
The
defendantunderstands
that
the
Court
has
not
yet
determined
a
sentence
and
that
any
estimate
of
theadvisorysentencingguideline
range
received
from
the
defendant's
counsel,
the
United
States,
or
the
Probation
Office,
is
a
prediction,
not
a
promise,
and
is
notbinding
on
the
United
States,
the
Probation
Office,ortheCourt,Additionally,
pursuant
to
United
States
v.
Booker,
543
U.S.
220
(2005),
the
Court,
after
considering
the
factors
set
forth
in
Title
1S,
United
States
Code,
Section3553(a),
may
impose
a
sentence
above
or
below
the
advisory
guideline
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
defendantcannot
withdraw
a
guilty
plea
based
upon
the
actual
sentence.
3.
Waiver
of
Appeal
The
defendant
also
understands
thatTitle18,
United
States
Code,
Section
3742
affords
a
defendant
the
right
to
appeal
the
sentence
imposed.
Nonetheless,
the
defendant
knowinglywaives
theright
to
appeal
the
conviction
andany
sentence
within
the
statutory
maximum
described
above
(or
the
manner
in
which
that
sentence
was
determined)
on
the
grounds
set
forth
in
Title18,
United
States
Code,
Section
3742
or
onanyground
whatsoever,
in
exchange
for
the
concessions
made
by
the
United
States
in
this
plea
agreement.This
agreement
does
not
affect
the
rightsor
obligations
of
the
United
States
as
set
forthinTitle
18,
United
States
Code,
Section
3742(b).
4.
Special
Assessment
Before
sentencing
in
this
case,the
defendant
agrees
to
pay
a
mandatory
special
assessment
of
one
hundred
dollars
($100.00)
per
count
of
conviction.
Case 2:12-cr-00059-AWA-TEM Document 72 Filed 08/29/12 Page 2 of 11 PageID# 232
5.
Payment
of
Monetary
Penalties
The
defendantunderstands
and
agrees
that,
pursuant
to
Title
18,
United
States
Code,
Section
3613,
whatever
monetary
penaltiesare
imposedby
the
Court
will
be
due
immediately
and
subject
to
immediate
enforcementby
the
United
States.
Furthermore,
within
14
days
of
a
request,
the
defendant
agrees
to
provide
all
of
the
defendant's
financial
information
to
the
United
States
and
the
ProbationOffice
and,
if
requested,
to
participate
in
a
pre-sentencing
debtor's
examination
and/or
complete
a
financial
statement
under
penalty
of
perjury.
If
the
Court
imposes
a
schedule
of
payments,
the
defendantunderstands
that
the
schedule
of
payments
is
merely
a
minimum
schedule
of
paymentsand
notthe
only
method,nor
alimitation
on
the
methods,
available
to
the
United
Statesto
enforce
the
judgment.
If
the
defendant
is
incarcerated,thedefendant
agrees
to
voluntarily
participate
in
the
Bureau
of
Prisons1
Inmate
FinancialResponsibility
Program,
regardless
of
whether
the
Court
specificallydirects
participationor
imposes
a
schedule
of
payments.
6.
Restitution
Defendant
agrees
thatrestitution
is
mandatory
pursuant
to
Title
18,
United
States
Code,
Section
3663A.
Defendant
agrees
to
the
entry
of
aRestitution
Order
for
the
full
amount
of
the
victims'
losses.
Pursuant
to
Title
18,
United
States
Code,
Section3663A(c)(2),
the
defendant
agrees
that
an
offense
listed
in
section
3663A(c)(
1)
gave
rise
to
this
plea
agreement
and
as
such,
a
victim
of
the
conduct
described
in
the
charging
instrument,
statement
of
facts,
or
any
relatedor
similar
conduct
shall
be
entitled
torestitution.
Without
limitingthe
amount
of
restitutionthat
the
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