2(h)to appeal the imposition of sentence against him.
AGREEMENT TO PLEAD GUILTYAND WAIVE CERTAIN RIGHTS
2.The defendant knowingly and voluntarily waives the rights set out in Paragraph1(b)-(g) above. Pursuant to Fed. R. Crim. P. 7(b), the defendant will waive indictment and pleadguilty to a one-count Information to be filed in the United States District Court for the SouthernDistrict of Indiana, Indianapolis Division. The Information will charge the defendant withparticipating in a conspiracy to suppress and eliminate competition by fixing the price at whichready mixed concrete was sold in the Indianapolis, Indiana metropolitan area beginning in orabout July, 2000 and continuing until May 25, 2004 in violation of the Sherman Act,15 U.S.C. § 1.3.The defendant, pursuant to the terms of this Plea Agreement, will plead guilty tothe criminal charge described in Paragraph 2 above and will make a factual admission of guilt tothe Court in accordance with Fed. R. Crim. P. 11, as set forth in Paragraph 4 below. The UnitedStates agrees that it will stipulate to the release of the defendant on his personal recognizance,pursuant to 18 U.S.C. § 3142, pending the sentencing hearing in this case.
FACTUAL BASIS FOR OFFENSE CHARGED
4.Had this case gone to trial, the United States would have presentedevidence sufficient to prove the following facts:(a)For purposes of this Plea Agreement, the “Relevant Period” is that periodbeginning in or about July 2000, continuing until May 25, 2004. During the Relevant Period, thedefendant was the President and a shareholder of Hughey, Inc., d/b/a Carmel Concrete Products(“Carmel”), an entity organized and existing under the laws of Indiana with its principal place of