IN
THEUNITED
STATES
DISTRICT
COURT
FOR
THI
EASTERN
DISTRICT
OF
VIRGINIA
FILEDIN
OPEN
COURT
MAY
-9
2012
CLERK,
U.S.
DISTRICT
COURT
NORFOLK.
VA
Norfolk
Division
UNITED
STATESOF
AMERICA
)
v
)
CRIMINAL
NO.
2:12cr->
T
)
SEAN
M.
LOVELADY
)
PLEA
AGREEMENT
Neil
H.MacBride,United
States
Attorney
for
the
Eastern
District
of
Virginia,
Robert
J.
Krask,
Assistant
United
States
Attorney,
John
H.
Zacharia,
SeniorCounsel,
ComputerCrime
and
Intellectual
Property
Section,
defendant
SEAN
M.
LOVELADY,
and
the
defendant's
counsel,
Paul
D.
Merullo,
have
entered
into
anagreement
pursuant
to
Rule
11
of
the
Federal
Rulesof
Criminal
Procedure.
The
terms
of
the
agreement
areasfollows:
1.
Offense
and
Maximum
Penalties
The
defendant
agrees
to
plead
guiltyto
count
oneof
the
indictment
which
charges
the
defendantwith
conspiracy
to
commit
copyrightinfringement
in
violation
of
Title
18,
United
States
Code,
Section
371,
which
offense
carries
maximum
penalties
of
five
(5)
years
of
incarceration,
a
fine
of$250,000,a
special
assessment,
and
a
termof
supervised
release
of
three
(3)years.
The
defendantunderstands
that
a
supervised
release
term
is
in
addition
to
any
prison
term
the
defendant
may
receive,
and
that
a
violation
of
a
termof
supervised
release
could
result
in
the
defendant
being
returned
to
prison
for
the
full
term
of
supervised
release.
2.
Role
of
the
Court
and
the
Probation
Office
The
defendantunderstands
that
the
Court
has
jurisdiction
and
authority
to
impose
any
sentence
within
thestatutory
maximum
described
above
but
that
the
Court
will
determine
the
Case 2:12-cr-00059-AWA-TEM Document 51 Filed 05/09/12 Page 1 of 10 PageID# 147
defendant's
actual
sentence
in
accordancewith
Title
18,
United
States
Code,
Section
3553(a).
The
defendant
understands
that
the
Court
hasnot
yet
determined
asentence
and
that
any
estimate
of
the
advisorysentencing
guideline
range
received
from
the
defendant's
counsel,
the
United
States,
or
the
Probation
Office,
is
a
prediction,
not
apromise,
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
Title18,
United
States
Code,
Section
3553(a),
may
impose
a
sentence
above
or
below
the
advisory
guidelinerange,subject
only
to
review
by
higher
courts
for
reasonableness.
The
United
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.
3.
Waiver
of
Appeal
The
defendant
also
understands
thatTitle18,
United
States
Code,
Section
3742
affords
a
defendant
the
rightto
appeal
the
sentence
imposed.
Nonetheless,
the
defendant
knowingly
waives
the
rightto
appeal
the
conviction
andany
sentencewithin
the
statutory
maximum
described
above
(or
the
manner
in
which
that
sentence
was
determined)
on
the
grounds
set
forth
inTitle
18,
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
rights
orobligations
of
the
United
Statesas
set
forthinTitle18,
United
States
Code,
Section3742(b).
4.
Special
Assessment
Before
sentencing
inthis
case,
the
defendantagrees
to
pay
a
mandatory
special
/■''
'
assessment
ofonehundred
dollars
($100.00)per
count
of
conviction.
Case 2:12-cr-00059-AWA-TEM Document 51 Filed 05/09/12 Page 2 of 10 PageID# 148
5.
Payment
of
Monetary
Penalties
The
defendantunderstands
and
agrees
that,
pursuant
toTitle18,
United
States
Code,Section
3613,
whatevermonetary
penaltiesare
imposedby
the
Court
will
bedue
immediately
and
subject
to
immediateenforcementby
the
United
States.
Furthermore,
within
14daysof
arequest,the
defendant
agrees
to
provide
all
of
the
defendant's
financial
information
to
the
United
States
and
the
ProbationOffice
and,
if
requested,
toparticipate
in
apre-sentencing
debtor's
examination
and/or
completea
financial
statement
under
penalty
of
perjury.
If
the
Court
imposes
aschedule
of
payments,
the
defendantunderstands
that
the
schedule
of
payments
is
merely
a
minimum
schedule
of
paymentsand
not
the
only
method,
nor
a
limitation
on
the
methods,
available
to
the
United
States
to
enforcethe
judgment.
If
the
defendant
is
incarcerated,
thedefendant
agrees
tovoluntarilyparticipate
in
the
Bureau
of
Prisons'
Inmate
Financial
Responsibility
Program,
regardless
of
whether
the
Court
specificallydirectsparticipation
or
imposesa
schedule
ofpayments.
6.
Restitution
Defendant
agrees
that
restitution
is
mandatory
pursuant
to
Title
18,
United
States
Code,
Section
3663A.Defendant
agrees
to
the
entry
of
a
Restitution
Order
for
the
full
amount
of
the
victims'
losses.
Pursuant
to
Title18,
United
States
Code,
Section3663A(c)(2),
the
defendant
agrees
that
an
offense
listed
in
section
3663A(c)(l)gave
rise
to
this
plea
agreement
and
as
such,
avictim
of
the
conduct
described
in
the
charging
instrument,
statement
of
facts,
or
any
related
orsimilar
conduct
shall
be
entitledtorestitution.
Without
limitingthe
amount
of
restitutionthat
the
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