Case 2:17-c1-00096-cr Document 13. Filed 01/31/18 Page 1 of 6 us o1sTacT coURT oistaicy oF VERMONT FILED UNITED STATES DISTRICT COURT a IBM PHI 18 DISTRICT OF VERMONT UNITED STATES OF AMERICA oo « RRTY TET ¥ No, 2217.68.96 JOHN BREAULT PLEA AGREEMENT ‘The United States of America, by and though the United States Attorney forthe Distt ‘of Vermont (hereafter “the United States"), andthe defendant, JOHN BREAULT, agree tothe following in regard to the disposition of pending criminal charges. 1, JOHN BREAULT agres to plead guilty to Count | ofthe Indictment charging him with ‘knowingly and intentionally distributed heroin, « Schedule I controled substance in violation of 21US.C. § #4160). 2, JOHN BREAULT understands, agrees and has had explained to him by counsel thatthe (Court may impose the following sentence on his pes: upto 20 yeas of imprisonment; up to lifetime supervised release with a mandatory minimum term of thee years; and up 108 $1,000,000 fine; all pursuant fo pursuant to 21 US.C. § 841(0XIXO). In ation, a $100 special ssscsament is required by 18 U.S.C. §3013(()Q)(A), 3. JOHN BREAULT agrees to plead guilty because he is infact, guilty ofthe above crime. 4. JOHN BREAULT understands that it contiton of this agresment that he refs from ‘commiting any further eres, whethe feral state o loa, end that if on release he wl bide byall conditions of reless. 5. JOHN BREAULT scknowleges that he understands the nature ofthe charge to which he ‘wil plead guilty andthe possible penalis. He also acknowledges that he has the followingCase 2:17-cr-00096-cr Document 13 Filed 0V/31/18 Page 2 of 6 vg high pest ina plen oft ily the ight jury the at wo be serene by counsel ni necestry have he cot pit coset l ndt every ote stg of he poceeig height al conn! snd roms-taine vee wines the right to be protected from compelled : setinximintion; nd tho ight esi and preset evidence and compel th atendane of witness, He understands ht by pening uly be will waive these rights, He also understands that his guilt penis accepted bythe Court, there willbe no trial and the question of guilt wil be resolved all that will remain will be the Cour’ position of sentence, 6. JOFIN BREAULT flly understands that he may not withdraw his plea because the Court ectnes to follow any recommendation, motion o stipulation ofthe parties to this agreement, “The United States specially reserves the ight o sllout at sentencing. There shall be no limit ‘onthe information the United States may potent tothe Cour andthe Probation Office relevant to seatening andthe postions the United Stats may tke regarding sentencing (xcept as specifically provided elsewhere this agreement). The United States alo reserves the ight to comet any mistatement of fit made during the sentencing proces to oppose any motion to withdraw a plea of guilty, and to support on appeal any decisions of the sentencing Court whether in preement or in conflict with ecommendations and stipulations ofthe partes. 11. JOHN BREAULT Elly understands that en estimates or predictions relative to the (uideinescleltions are nx biting upon the Court. He fly understands thatthe Gaidlines ae advisory and tht th Court can consider any and alinformation that it deems relevant othe sentencing dtemnination. He acknowledges tht inthe event hat any estimates or predictions byhis attorney (or anyone elt) sre eroneous, those eroncous predictions will not provideCase 2:17-cr-00096-cr Document 13 Filed 01/31/18 Page 3 of 6 ‘rounds for withdrawal of his plea of guilty, modification of his sentence, or for appellate or post-conviction rele 8, Upon demand, JOHN BREAULT shll furnish the United States Agjomey's Office a ‘personal financial statement snd supporting documents relevant tothe ability to satisfy any fine ‘or restitution that may be imposed in this case. He expressly authorizes the United States ‘Attorey’s Office o obtains credit report on him at any ime befor or aftr sentencing in order ‘o evaluate his ability to satistyany financial obligation imposed by the Court, Ifthe Court, ‘orders restitution and/or fine due and payable immediately, JOHN BREAULT agrees tha the US. Attomey's Office is nt precluded from pursuing any other means by which to stisly his {ull and immediately enforceable financial obligation. JOHN BREAULT understands that he has a continuing obligation to payin fll as son as possible any financial obligation imposed by the Cour. 9. JOHN BREAULT agrees to provide the Cleek's office, a the time this plea agreement executed «bank cashier's check, certified check, or postal money order payable tothe Clerk, ‘United States District Cour, in payment forthe mandatory special sstessment of $100 for which ‘he will be responsible when sentenced. He understands and agrees tha, ihe fils to pay the ‘special assessment in fll prior to sentencing, the sentencing recommendation obligations ofthe ‘United States under this ples agreement will be terminated, and the United States will have the ‘ght to recommend that the Court impose any lawful sentence. Under such circumstances, he ill have no right to withdraw his plea of guilty. 10. JOHN BREAULT is aware tat his guilty plea may result inthe loss of certain government benefits, including housing subsidies, food stamps, and some Social Security ‘benefits, pusuant to 21 U.S.C § 862 and § 86248),Case 2:17-cr-00096-cr Document 13 Filed 01/31/18 Page 4 of 6 11, The United Stats agrees that inthe event that JOHN BREAULET fll and completely ides by all condition ofthis agreement, the United Stats wil 1 moveto dismiss the Count ofthe Indictment at theme of sptencings '. not prosecute him inthe District of Vermont fo ny othe criminal offenses known tothe United Stats a ofthe dat it signs his ple agreement, commited by him in the Dist of Vermont relative tothe disibution of rugs; «recommend that he resive a two-point cet fr acceptance of responsibilty under Guidtine § 3.1), provided hat (1) he cooperate ttl and “completely wit he Probation Office during the presentece investigation, inching tuhflly admiting the conduct comprising the offense of conviction and ofl denying any relevant condct for which hei accountable under USSG. § 1B13, 2) he abides by the conditions of his release, and (3) no new {information comes tothe attention of the United States relative tothe issue of sccopance of esponsibility; and 44 move foran ston one-point rei for timely acceptance of responsibil, i the offense level (before acceptance) is 16 or greter and he meets the conditions inthe subparagraph above 12, Ifthe United States determines, ints sole discretion, that JOHN BREAULT has commited any offense afer the at of this grerent, has violated any condition of lease or ‘us provided any intentionally fase information to Probation, the obligations ofthe United States inthis agreement wll be void. The United Stats will ave the right to recommend thatthe Court, impose any sentence authorized by law and wil have the right to prosecte him for ay other offenses fhe may have committed inthe District of Vermont. JOHN BREAULT understands andCase 2:17-c1-00096-cr Document 13 Filed 01/31/18 Page § of 6 sree that under such circumstances, he will hav no sgh to withaw hs previously entered les of guilty. 13, Misunderstood and agreed byte pares tht should JOHN BREAULT' plea nt be cc byte Cour fo whatever aon or eb wih ri hi agreement sy ‘be vided at the option ofthe United States and be may be prosecuted for any and all offenses csberwse permissible, JOHN BREAULT also agrees thatthe statute of limitations forall teharged criminal offenses known tothe United Sate ax of the date it signs this ple agesment willbe lle forthe entire period of ine hat lapses between the siging of is sgrement and the completion of the period for tmely filing petition under 28 US.C. § 2255, or ifsuch ption i led, the date of any decision by a cout to vacate the peso he conviction 14, Tes farther understood tha this agreement is itd to the Office ofthe United Stats ‘Avtone forth Dist of Vermont and cannot bind other federal, state o local prosecuting suhorin. 15, JOHN BREAULT expressly states tht be makes his agreement of his own free wil ‘wit fall owe and understanding of the spresment and with the advice and assistance of is counsel, ROBERT W. KATIMS, Esq, JOHN BREAULT futher tates tha his pea of uly {snot te result of any teats or of any promises beyond the provisions of this agreement Furthermore, JOHN BREAULT exprsly stats that eis ily satisfied withthe representation ‘povided by his attorney, ROBERT W. KATIMS, sg, nl as had fal opportunity consult it is atomey concerning this green, concering th applicbilty and impect ofthe ‘Sentencing Guidelines Gocluding, bt nt Knit to, the relevant conduct provisions of ‘Guideline Section 11.3), and conceming the potential terms and condition of supervised releaseCase 2:17-cr-00096-cr Document 13. Filed 01/81/18. Page 6 of 6 16, No agreements have been made by the parties or their counsel other than those contained herein or in any written agreement supplementing this agreement. UNITED STATES OF AMERICA ChrisRing Nolan Boon Acting United States Attorney four m Wh BID he Aaae Assistant US. Atomey Ifis]2o1e b Seis Date jaN BREAULT Defendant have read, flly eviewed and explained ths agreement to my client, JOHN BREAULT. believe that he understand the agreement and is entering into the agreement voluntarily and towing. fot }ie Zz ATI Counsel for the Defendant