Case 4:11-cr-03047-JAS-CRP Document 39 Filed 11/21/14 Page 1 of 14
I JACK SMITH
Chief 2 MON
IQ
UE T. ABRlSHAMI
PETER N. HALPERN
3 Trial Attorneys
Public Integrity Sec
ti
on 4 Criminal Division
u
s
.
Department of Justice
5 1400 New York Ave.
NW
Washington,
D.
C. 20005 6 Tel: 202-514-1412
Fax: 202-5
14-
3003
I
Jj
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ILEO
-LODGED RECEIV
ED
COPy
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2 1
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COUR;
ARIZONA
DEPUTY
7
8
9 10 UNITED
STATES DISTRICT COURT DISTRICT
OF
ARIWNA
II
12 13
UNITED
STATES
OF
AMERICA
v.
RAUL F.
PORTILLO
,
Defendant.
PLEA
AGREEMENT
No.4:II-CR-3047-JAS-CRP
Violation:
18
U.S.c.
§
371
(conspiracy)
14
PLEA
AGREEMENT
IS
The
U n
ited States
of
America,
by
and through the undersigned attorneys for the Public
16 Integrity Section, Criminal Division, United States Department
of
Justice, and Raul
F.
Portillo
17
(hereinafter referred to as the defendant ) enter into the fo
ll
owing Plea Agreement:
18
Charges
and
Statutory Penalties
19
I
The defendant agrees to plead guilty to an
In
fo
nn
ation charging him
with
a 20 viola
ti
on
of
18 U.S.C.
§
371 (conspiracy to commit bribe
ry
and to interfere with commerce by
21
attempted extortion). 22 2. The essential elements
of
conspiracy to commit bribery are
(I)
the publ.ic official
s
23 agreement with at least one other person to demand, seek, receive, accept, and agree to accept
24 something
of
valu
e for be
in
g innuenced
in
the perfonnance of an official act; (2) the defendan
t
s 25 joining the conspiracy knowing
of
its objects and intending to help accomplish them; and (3) one
26 of the members
of
the conspiracy perfonn
in
g at least one ove
rt
act for the purpose
of
carrying
out
the conspiracy.
Case 4:11-cr-03047-JAS-CRP Document 39 Filed 11/21/14 Page 2 of 14
1
2
3
4
5
6
7
8
9
3. The essential elements
of
conspiracy to interf with commer
ce
by attempted extortion are
(1)
an agreement between
at
least two people to attempt to commit extortion,
as
defined by
18
U.S.C. § 1
95
I; (2)
the defendan
t sjoining
the conspiracy knowing
of
ts objects and
intending to help accomplish them; and
(3)
one
of
the members
of
the conspiracy perfonning
at
least one overt
act
for the purpose
of
carrying out the conspiracy.
4.
The
defendant understands th
at
a violation
of
18
U.S.C.
§
371
is punishable by a maximum sentence
of
five years imprisonment, a maximum fine
of
up
to
$250,000,
or
both, and a term
of
supervised release
of
th
ree years.
5
f
he Court accepts the defendant's pl
ea
of
guilty and the defendant fulfills each 10
of
the terms and conditions
of
this Agreement, the United States
ag
rees that
it
will dismiss the pending lndictment against the defendant and not further prosecute the defendant for any crimes
12 described
in
the attached factual basis or for any conduct
of
he defendant n
ow
known to the Public
13
Integrity Section and to the l
aw
enforcement agents working with the Public Integrity Section
on J4
the present investigation. Nothing
in
this
gr~~m~nt
is intended to provide any limitation
of
15
liability arising out
of
any acts
of
violence.
16
Fac
tu
al Stipul
at
ions
17
6.
The defendant agrees that the attached Factual Basis for Plea fairly and accurately
18 describes the defen
dant s
actions and involvement in the offense to which the defendant is pleading
19
guilty.
The
defendant knowingly, voluntarily, and truthfully admits the facts set forth
in
the 20 Factual Basis for Plea.
21
Se
nt
enci
ng
22
7
The defendant is aware that the sentence wi
ll
be
imposed by the Court after 23 considering the Federal Sentencing Guide
li
nes and Policy Statements (hereinafter Sentencing
24 Guidelines ).
The
defendant acknowledges and understands that the Court will compute an
25 advisory sentence under the Sentencing Guidelines and that the applicable guidelines will
be 26
determined by the Court relying
in
part
on
the results
of
a Pre-Sentence Investigation by the
2
Case 4:11-cr-03047-JAS-CRP Document 39 Filed 11/21/14 Page 3 of 14
1
Coun s
probation office, which investigation will commence after the guilty plea has been entered.
2 The defendant is also aware that, under certain circumstances, the Court may depart from the
3 advisory sentencing guideline range that
it
has computed, and may raise that advisory sentence up
4 to and including the statutory maximum sentence or lower that advisory sentence.
The
defendant 5
is
further aware and understands that the Court is required to consider the advisory guideline range
6 determined under the Sentencing Guidelines, but is not bound to
im
pose that sentence; the Court 7 is permitted to tailor the ultimate sentence in light
of
other statutory concerns, and such sentence 8 may
be
either more severe
or
less severe than the Sentencing Guidelines advisory sentence.
9 Knowing these facts, the defendant understands and acknowledges that the Court has the authority
10
to impose any sentence within and up to the statutory maximum authorized by law for the offense
identified
in
paragraph I and that the defendant may not withdraw the plea solely as a result
of
the
12
sentence imposed.
13 8
The
United States reserves the right to inform the Court and the probation office
14
of
all facts pertinent to the sentencing process, including all relevant infonnation concerning the
15 offenses com·mitted, whether charged or not, as we
ll
as concerning the defendant and the
16 defendant s background. Subject only to the express terms
of
any agreed·upon sentencing 17 recommendations contained
in
this Agreement, the United States further reserves the
ri
ght to make
18
any recommendation as to the quality and quantity
of
punishment. 19
9
The
defendant will cooperate fully with the probation office. Such cooperation will
20 include truthful statements
in
response to any questions posed by the probation office, including
21
but not limited to:
22
a
all crimin
al
history information,
i.e.
all criminal convictions as defined 23 under the Sentencing Guidelines; 24
b
all financial
inf
ormation,
e.g.
present financial assets
or
liabilities that relate
2S to the defendant s ability to pay a fine or restitution;
26
c
al
l history
of
drug abuse that would warrant a treatment condition as a part
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