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The defendant acknowledges that this plea agreement is withthe Antitrust Division of the United States Department of Justiceand cannot bind any other federal, state, or local prosecuting,administrative, or regulatory authorities.1MATTHEW D. SEGAL (CSBN 190938)Filed Aug. 26, 2003RICHARD B. COHEN (CSBN 79601)U.S. Department of JusticeAntitrust Division450 Golden Gate AvenueBox 36046, Room 10-0101San Francisco, CA 94102Telephone: (415) 436-6660Attorneys for the United StatesIN THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF CALIFORNIAFRESNO DIVISIONUNITED STATES OF AMERICA, Plaintiff,v.DUANE MAYNARD,Defendant. ))))))))))))No. CRF-03-5325 OWWMEMORANDUM OF PLEA AGREEMENTPURSUANT TO RULE 11(c)(1)(B)OF THE FEDERAL RULES OFCRIMINAL PROCEDUREDate:Time:Dept:Pursuant to Rule 11(c)(1)(B) of the Federal Rules of CriminalProcedure, the United States of America, by and through itsattorneys Matthew D. Segal and Richard B. Cohen, and thedefendant, DUANE MAYNARD, and his attorney KENNETH REED, haveagreed as follows:
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 1.Charges.The defendant acknowledges that he has been charged by
 
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2Information with bid rigging, in violation of Title 15, UnitedStates Code, Section 1.2.Agreements by the Defendant.(a) The defendant agrees to waive Indictment in this matterand proceed by way of Information.(b) The defendant agrees that this plea agreement shall befiled with the Court and become a part of the record in the case.(c)The defendant agrees to enter a plea of guilty to theInformation, charging him with bid rigging, in violation of Title15, United States Code, Section 1. The defendant agrees that heis in fact guilty of this charge and that the facts set forth inthe factual basis of this Plea Agreement are true and accurate.(d) The defendant understands and agrees that the Court isnot a party to this agreement, that sentencing is a matter solelywithin the discretion of the Court, the Court is under noobligation to accept any recommendations made by the government,and the Court may in its discretion impose any sentence it deemsappropriate up to and including the statutory maximum stated inthis Plea Agreement. If the Court should impose any sentence upto the maximum established by the statute, the defendant cannot,for that reason alone, withdraw his guilty plea, and he willremain bound to fulfill all of the obligations under thisAgreement. The defendant understands that neither the prosecutor,defense counsel, nor the Court can make a binding prediction orpromise regarding the sentence he will receive.(e) The defendant acknowledges that, should the Court fail tofollow any or all of the Government’s or defendant’s sentencingrecommendations, the defendant will not be allowed to withdraw his
 
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3plea.(f) The defendant agrees to pay a special assessment of$100.00 at the time of sentencing by delivering a check or moneyorder payable to the United States District Court to the UnitedStates Probation Office immediately before the sentencing hearing.(g) In addition to entering a plea of guilty as set forthabove, the defendant will cooperate with representatives of thefederal government in the investigation and prosecution of variousindividuals and companies involved in bid rigging and fraudrelated to the E-Rate program. This cooperation will include, butnot be limited to: subjecting himself to interviews byrepresentatives of the government, providing to the government atthe government’s request any document in the defendant’spossession, custody, or control, testifying truthfully before afederal grand jury and in any and all court proceedings whencalled by the government. Should the defendant breach hisagreement with the government by (l) refusing to testify at anycourt or grand jury proceeding when called by the government, (2)knowingly giving false testimony or information, or (3) knowinglywithholding information, the government will be released from allof its promises,
 
but the defendant will not be released from hisguilty plea.
Further, any statements made by the defendant afterthe execution of this agreement may be used against him in anysubsequent proceeding.(h)The defendant understands that it is within the solediscretion of the government to determine whether he has compliedwith paragraph 2(g) pursuant to Section 5K1.1 of the SentencingGuidelines or Rule 35(b) of the Federal Rules of Criminal
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