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USS. Department of Justice Jessie K. Liu United States Attorney District of Columbia udilary Center 155 Four Se, 0. Washing, D.C. 20530 December 6, 2018 Robert Driscoll, Esq. Alfred Carry, Esq. McGlinchey Stafford PLLC 1275 Pennsylvania Avenue N.W. Suite 420 Washington, D.C. 20004 Re: United States v. Maria Butina Criminal Case No. 18-218 (TSC) Dear Counsel: This leter sets forth the full and complete plea offer to your client, Mariia Butina, (hereinafter referred to as “your client” or “defendant”), from the Office of the United States Attomey for the District of Columbia (hereinafter also referred to as “the Government” or “this Office”). This plea offer expires on December 10, 2018, If your client accepts the terms and conditions of this offer, please have your client execute this document in the space provided below. Upon receipt of the executed document, this letter will become the Plea Agreement (“this Agreement”), The terms of the offer are as follows: 1. Charges and Statutory Penalties Your client agrees to plead guilty to Count 1 in the Indictment, charging your client with Conspiracy to violate 18 U.S.C. § 951, in violation of 18 U.S.C. § 371. ‘Your client understands that a violation of 18 U.S.C. § 371 carries a maximum sentence of S years of imprisonment; a fine of $250,000 or twice the pecuniary gain or loss of the offense, pursuant to 18 U.S.C. § 3571(b)(3); a term of supervised release of not more than 3 years, pursuant to 18 U.S.C. § 3583(b)(2); and an obligation to pay any applicable interest ot penalties on fines and restitution not timely made, 1 In addition, your client agrees to pay a special assessment of $100 per felony conviction to the Clerk of the United States District Court for the District of Columbia. Your client also understands that, pursuant to 18 U.S.C. § 3572 and § 5E1.2 of the United States Sentencing Commission, Guidelines Manual (2016) (hereinafter “Sentencing Guidelines,” “Guidelines,” or “U.8.S.G.”), the Court may also impose a fine that is sufficient to pay the federal government the costs of any imprisonment, term of supervised release, and period of probation. Further, your client understands that, if your client has two or more convictions for a crime of violence or felony drug offense, your client may be subject to the substantially higher penalties provided for in the carcer-offender statutes and provisions of the Sentencing Guidelines. 2, Factual Stipulations ‘Your client agrees that the attached “Statement of Offense” fairly and accurately describes your client's actions and involvement in the offense to which your client is pleading guilty. Please have your client sign and return the Statement of Offense as a written proffer of evidence, along with this Agreement. 3. Additional Charges In consideration of your client’s guilty plea to the above offense, your client will not be further prosecuted criminally by this Office for the conduct set forth in the attached Statement of Offense. After the entry of your client’s plea of guilty, your client will also not be charged with any non-violent criminal offense in violation of federal or District of Columbia law that was committed within the District of Columbia by your client prior to the execution of this Agreement and about which the United States Attorney's Office for the District of Columbia was ‘made aware prior to the execution of this Agreement. The Government will request that the Court dismiss the remaining count of the Indictment in this case at the time of sentencing. Your client agrees and acknowledges that the charge to be dismissed at the time of sentencing was based in fact, 4 tt Guidelines is Your client understands that the sentence in this case will be determined by the Court pursuant to the factors set forth in 18 U.S.C. § 3553(@), including a consideration of the applicable guidelines and policies promulgated by the Sentencing Guidelines. Pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B), and to assist the Court in determining the appropriate sentence, the parties submit the following: A. Estimated Offense Level Under the Guidelines ‘The parties agree that, per U.8.8.G. § 2X1.1, the Guideline range for a violation of 18 U.S.C. § 371 follows the underlying substantive offense, which in this case is 18 U.S.C. § 951. ‘The parties further agree that the U.S.S.G. does not specify a Guidelines range for a violation of 18 U.S.C. § 951. Where the Guidelines do not expressly specify a Guideline range, the Court should “apply the most analogous guideline. If there is not a sufficient analogous guideline, the provisions of 18 U.S.C. § 3553 shall control, except that any guidelines and policy statements ‘that can be applied meaningfully in the absence of a Chapter Two offense guideline shall remain applicable.” U.S.S.G. § 2X5.1. ‘The Government's position is that there is no sufficiently analogous guideline for the underlying substantive offense and that the provisions of 18 U.S.C. § 3553 should control sentencing. See United States v. Alvarez, 506 F. Supp. 2d 1285, 1288 (S.D. Fla. 2007). ‘The defendant submits that the guideline that best captures the defendant’s offense behavior and guideline that is most analogous for sentencing purposes here is U.S.S.G. § 2B1.1. See United States v. Dumeisi, No 06C4165, 2006 WL 2990436, *8 (N.D. Il. Oct. 17, 2006) (same). Your client and the government reserve the right to brief the presentence report writer and Court as to their positions and agree that the Court will decide which, if any, Guideline range applies. The base offense level for U.S.S.G. 2B1.1 is 6. However, your client understands that the final decision regarding the applicable sentencing guideline and offense level will be made by the Court. B. Acceptance of Responsibility As before, the Government's official position is that there is no sufficiently analogous guideline for the underlying substantive offense and that the provisions of 18 U.S.C. § 3553 should control sentencing. If the Court finds a sufficiently analogous guideline, however, the Government agrees that a 2-level reduction will be appropriate, pursuant to U.S.S.G. § 3E1.1, provided that your client clearly demonstrates acceptance of responsibility, to the satisfaction of the Government, through your client’s allocution, adherence to every provision of this Agreement, and conduct between entry of the plea and imposition of sentence. ‘Nothing in this Agreement limits the right of the Government to seek denial of the adjustment for acceptance of responsibility, pursuant to U.S.S.G. § 3E1.1, and/or imposition of an adjustment for obstruction of justice, pursuant to U.S.S.G. § 3CI.1, regardless of any agreement set forth herein, should your client move to withdraw her guilty plea after it is entered or should it be determined by the Government that your client has either (a) engaged in conduct, unknown to the Government at the time of the signing on this Agreement, that constitutes obstruction of justice, or (b) engaged in additional criminal conduct after signing this Agreement. Should the Court use U.S.S.G. § 2B1.1 in accordance with the above, the applicable Guidelines Offense Level would be at least 4, C. Estimated Criminal History Category Based upon the information now available to this Office, your client has no criminal convictions.