FILED
rNCLERf(iSOFFICE
U.S.D.C.
-Gainesville
UNITED STATES DISTRICT COURTNORTHERN DISTRICT
OF
GEORGIAAPR
1 0
2012
GAINESVILLE DIVISION
~ ~ A T T E N : p l e r k
~ u t y c l e r k
2:ll-cr-00044-RWS-SSC
USA
v.
Thomas et alHonorable Richard
W.
Story
Minute Sheet for proceedings held
In
Open Court
on
04/1012012.
TIME COURT COMMENCED: 10:10 A.M.TIME COURT CONCLUDED: 11:00 A.M. COURT REPORTER: Sharon UpchurchTIME IN
COURT:
00:50 DEPUTY CLERK: Rick GossOFFICE LOCATION: GainesvilleDEFENDANT(S):[l]Frederick
W.
Thomas Present at proceedings[2]Emory Dan Roberts Present at proceedingsATTORNEY(S)Jeffrey Brown representing
USA
PRESENT:Jeffrey Ertel representing Frederick
W.
ThomasMichael Trost representing Emory Dan RobertsPROCEEDINGChange
of
Plea;CATEGORY:
MINUTE TEXT:
Sentence hearing date to be set. Remand to
USM.
lof2
04/10/20122:55
PM
Case 2:11-cr-00044-RWS-SSC Document 67 Filed 04/10/12 Page 1 of 1
GUILTY PLEA
and
PLEA AGREEMENT
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION
ORIGINAL
CRIMINAL CASE NO.
2:11-CR-44-RWSFREDERICK
W.
THOMAS,
Defendant,
having
received a copy of the above
numbered
indictment
and
havingbeen
arraigned, hereby
pleads
GUILTY to
CountOne
thereof.
Pursuant
to the Defendant's plea of guilty
under
Rule 11(c) of theFederal Rules of Criminal Procedure,
the
United States Attorney for the
Northern
District of Georgia
and
the Defendant
enter
into a
plea agreement
as
set
forth below
in
Part
IV of this document.
I.
ADMISSION
OF GUILT
1. The Defendant admits
that
he is
pleading
guilty because
he
is
in
fact guiltyof the crime
charged
in
the indictment, namely
that
he conspired
with
Emory
Dan
Roberts to acquire
an
unregistered destructive device.
II. ACKNOWLEDGMENT
AND
WAIVER OF TRIAL RIGHTS
2.
The Defendant
understands that by pleading
guilty,
he
is giving
up
the
right
to
plead
not
guilty
and
the
right
to
be
tried
by
a jury.
At
trial, the Defendant
would
have the
right
to
an
attorney,
and
if the
Defendantcould
not
afford
an
attorney, the
Court would appoint
one
to represent
the Defendant
at
trial
andat
every stage
of any
pre-trial proceedings.
During
trial,
the
Defendant
would be
presumed
innocent; the
Government
would
have the
burden
ofprovinghim
guilty
beyond
a reasonable doubt. The Defendant
would
have the
right
to cross-examine
any
witnesses called to testify against him.
If
the
Defendant
wished, he could
present
evidence
in
his defense
and
could compel,
via subpoena,
witnesses to testify
Case 2:11-cr-00044-RWS-SSC Document 67-1 Filed 04/10/12 Page 1 of 9
on
his behalf. The
Defendant could
also elect to testify.
If,
however, the Defendant
did not
wish
to testify,
that
fact could
not
be used
against him,
and
the
Government
could
not
compel
him
to incriminate himself.
If
the Defendant
were found
guiltyafter a trial,
he would
have the
right
to appeal his conviction.
3.
The Defendant understands
that,
by pleading
guilty,
he
is giving
up
all ofthese rights
and
that
there will
not be
a trial of
any
kind.
By
pleading
guilty, theDefendant also gives
up
all rights to
pursue
any affirmative defenses, Fourth
and
Fifth
Amendment
claims,
and
other
pretrial motions
that
have
been
filed
or
couldhave
been
filed.
4.
Finally, the
Defendant understands
that, for the
Court
to accept his guiltyplea,
he
may
have
to answer,
under
oath, questions
posed
to
him by
the
Court
concerning the rights
he
is giving
up
and
the facts
of
his case.
The
Defendantacknowledges
that
his answers, if untruthful,
may
later
be used
against
him
in aprosecution for perjury
or
false statements.
III. ACKNOWLEDGMENT OF PENALTIES
5.
The
Defendant understands
that, based
on
his
plea
of guilty,
he
will
be
subject to the following
maximum
and
mandatory
minimum
penalties:(a)
Maximum
term of imprisonment: five years.
(b)
Mandatory
minimum term
of imprisonment: none.
(c)
Term of
supervised
release: one to three years.(d)
Maximum
fine: $250,000.
(e)
Full restitution to all victims of the offense(s)
and
relevant conduct.
(f)
Mandatory
special assessment: $100.(g) Forfeiture
of
any
and
all proceeds from the commission of the offense
and
any
and
all
property
used
to facilitate the offense.
2
Case 2:11-cr-00044-RWS-SSC Document 67-1 Filed 04/10/12 Page 2 of 9
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