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Yomade Aborishade - Plea Agreement

Yomade Aborishade - Plea Agreement

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Published by Emily Babay

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Published by: Emily Babay on Jun 09, 2011
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06/09/2011

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IN THE UNITED STATES DISTRICT COURT FOR THEEASTERN DISTRICT OF VIRGINIAAlexandria DivisionUNITED STATES OF AMERICA))v. )CRIMINAL NO. 1:11CR259)YOMADE SAHEED ABORISHADE) The Honorable Gerald Bruce Lee)Defendant.)PLEA AGREEMENT Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Julie J.Allen, Special Assistant United States Attorney, the defendant, YOMADE SAHEEDABORISHADE, and the defendant’s counsel have entered into an agreement pursuant to Rule 11of the Federal Rules of Criminal Procedure. The terms of the agreement are as follows:
1.Offense and Maximum Penalties
The defendant agrees to waive indictment and plead guilty to a single count criminalinformation charging the defendant with importation of one (1) kilogram or more of a mixtureand substance containing a detectable amount of heroin, in violation of Title 21, United StatesCode, Section 952. The maximum penalties for this offense are: a mandatory minimum term of imprisonment of ten (10) years, a maximum term of life imprisonment, a fine of $10,000,000,full restitution, a special assessment, and at least five (5) years of supervised release. Thedefendant understands that this supervised release term is in addition to any prison term thedefendant may receive, and that a violation of a term of supervised release could result in thedefendant being returned to prison for the full term of supervised release.
 
2.Detention Pending Sentencing
The defendant understands that this case is governed by Title 18, United States Code,Sections 3143(a)(2) and 3145©. These provisions provide that a judicial officer shall order that a person who has been found guilty of an offense of this kind be detained unless there are statutory justifications why such person's detention would not be appropriate.
3.Factual Basis for the Plea
The defendant will plead guilty because the defendant is in fact guilty of the chargedoffense. The defendant admits the facts set forth in the statement of facts filed with this pleaagreement and agrees that those facts establish guilt of the offense charged beyond a reasonabledoubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutesa stipulation of facts for purposes of Section 1B1.2(a) of the Sentencing Guidelines.
4.Assistance and Advice of Counsel
The defendant is satisfied that the defendant’s attorney has rendered effective assistance.The defendant understands that by entering into this agreement, defendant surrenders certainrights as provided in this agreement. The defendant understands that the rights of criminaldefendants include the following:a.the right to plead not guilty and to persist in that plea; b. the right to a jury trial;c. the right to be represented by counsel and if necessary have the courtappoint counsel – at trial and at every other stage of the proceedings; andd.the right at trial to confront and cross-examine adverse witnesses, to be protected from compelled self-incrimination, to testify and present2
 
evidence, and to compel the attendance of witnesses.
5.Role of the Court and the Probation Office
The defendant understands that the Court has jurisdiction and authority to impose anysentence within the statutory maximum described above but that the Court will determine thedefendant’s actual sentence in accordance with Title 18, United States Code, Section 3553(a).The defendant understands that the Court has not yet determined a sentence and that any estimateof the advisory sentencing range under the U.S. Sentencing Commission’s Sentencing GuidelinesManual the defendant may have received from the defendant’s counsel, the United States, or theProbation Office, is a prediction, not a promise, and is not binding on the United States, theProbation Office, or the Court. Additionally, pursuant to the Supreme Court’s decision in
United States v. Booker 
, 543 U.S. 220, 125 S. Ct. 738 (2005), the Court, after considering the factors setforth in Title 18, United States Code, Section 3553(a), may impose a sentence above or below theadvisory sentencing range, subject only to review by higher courts for reasonableness. TheUnited States makes no promise or representation concerning what sentence the defendant willreceive, and the defendant cannot withdraw a guilty plea based upon the actual sentence.Further, in accordance with Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure, theUnited States and the defendant will recommend to the Court that the following provisions of theSentencing Guidelines apply:a.Pursuant to Section 2D1.1© of the Sentencing Guidelines, relating to DrugQuantity, the defendant was personally involved in the distribution of at least one(1) kilogram but less than three (3) kilograms of heroin. (Level 32) b.The United States and the defendant agree that the defendant has assisted the3

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