gaines plea deal

PORTLAND MAIN OFFICE 1000 SW Third A venue, Suite 600 Portland, Oregon 97204 (503) 727-1000 www.usdoj,gov/usaolor Christopher Cardani Assistant U.S. Attorney [email protected] (503) 727-1000 Rep()' to Portland Office DELIVERED VIA EMAIL Rosalind Lee Rosalind Manson Lee, LLC 474 Willamette, Ste. 302 Eugene, OR 97401 U.S. DEPARTMENT OF JUSTICE United States Attorney's Office District of Oregon Scott Erik Asphaug Acting United States Attorney August 6, 202 I EUGENE BRANCH 405 E 8th Avenue) Suite 2400 Eugene, Oregon 97401 (541) 465-6771 MEDFORD BRANCH J JO West Sixth Street Medford, Oregon 97501 (54]) 776-3564 Re: United States v. Jacob Michael Gaines, Case No. 3:20-cr-00223-IM Plea Agreement Letter Dear Counsel: I. Parties/Scope: This plea agreement is between this United States Attorney's Office (USAO) and defendant, and thus does not bind any other federal, state, or local prosecuting, administrative, or regulatory authority. This agreement does not apply to any charges other than those specifically mentioned herein. 2. Charges: Defendant agrees to plead guilty to Count One of the Indictment, which charges Assault of a Federal Officer (Use of a Deadly and Dangerous Weapon), in violation of Title 18, United States Code, Sections 1 l l(a)(I) and (b). 3. Penalties: The maximum sentence is twenty years' imprisonment, a fine of $250,000, three years of supervised release, and a $100 fee assessment. Defendant agrees to pay the fee assessment by the time of entry of guilty plea or explain to the Court why this cannot be done. 4. Dismissal/No Prosecution: The USAO agrees not to bring additional charges against defendant in the District of Oregon arising out of this investigation, known to the USAO at the time of this agreement. 5. Elements and Factual Basis: In order for defendant to be found guilty of Count One of the Indictment, the govcnnncnt must prove the following elements beyond a reasonable doubt: First, on or aboutJuly 11, 2020, the defendant forcibly assaulted Deputy United States Marshal #1 (DUSM #1); Case 3:20-cr-00223-IM Document 53 Filed 09/08/21 Page 1 of 3 Rosalind Lee Re: Jacob Michael Gaines, Plea Agreement Letter Page 3 August 6, 2021 I 0. Sentencing Recommendation: The USAO will recommend the low end of the applicable guideline range as long as defendant demonstrates an acceptance of responsibility as explained above. Defendant is free to argue for a lower sentence. 11. Abandonment of Property: By signing this agreement, defendant hereby voluntarily abandons all right, title, and interest to the following property: a 4-pound blacksmith's hammer. 12. Waiver of Appeal/Post-Conviction Relief: Defendant knowingly and voluntarily waives the right to appeal from any aspect of the conviction and sentence on any grounds, except for a claim that: (1) the sentence imposed exceeds the statutory maximum, or (2) the Court arrives at an advisory sentencing guideline range by applying an upward dcpaiture under the provisions of Guidelines Chapters 4 or SK, or (3) the Coutt exercises its discretion under 18 U.S.C. § 3553(a) to impose a sentence which exceeds the advisory guideline sentencing range as determined by the Court. Should defendant seek an appeal, despite this waiver, the USAO may take any position on any issue on appeal. Defendant also waives the right to file any collateral attack, including a motion under 28 U.S.C. § 2255, challenging any aspect of the conviction or sentence on any grout1ds, except on grounds of ineffective assistance of counsel, and except as provided in Fed. R. Crim. P. 33 and 18 U.S.C. § 3582(c)(2). In the event that [any of] defendant's eonviction(s) under this agreement arc vacated, the government may reinstate and/or file any other charges, and may take any position at a resentencing hearing, notwithstanding any other provision in this agreement. 13. Court Not Bound: The Cou1t is not bound by the recommendations of the parties or of the presentence report (PSR) writer. Because this agreement is made under Rule 11 ( c)( I )(BJ of the Federal Rules of Criminal Procedure, defendant may not withdraw any guilty plea or rescind this plea agreement if the Comt docs not follow the agreements or recommendations of the patties. 14. Full Disclosure/Reservation of Rights: The USAO will fully inform the PSR writer and the Court of the facts and law related to defendant's case. Except as set fo1th in this agreement, the parties reserve all other rights to make sentencing recommendations and to respond to motions and arguments by the opposition. 15. Breach of Plea Agreement: If defendant breaches the terms of this agreement, or commits any new criminal offenses between signing this agreement and sentencing, the USAO is relieved of its obligations under this agreement, but defendant may not withdraw any guilty plea. If defendant believes that the government has breached the plea agreement, defendant must raise any such claim before the district court, either prior to or at sentei1cing. If defendant fails to raise a breach claim in district court, defendant has waived any such claim and is precluded from raising a breach claim for the first time on appeal. Case 3:20-cr-00223-IM Document 53 Filed 09/08/21 Page 2 of 3 Rosalind Lee Re: Jacob Michael Gaines, Plea Agreement Letter Page 5 August 6, 2021 I have carefully reviewed every part of this agreement with my attorney. I lllldcrstand and voluntarily agree to its terms. I expressly waive my rights to appeal as outlined in this agreement. I wish to plead guilty because, in fact, I am g · ty. r---.. I represent the defendant as legal counsel. I have carefully reviewed every part of this agreement with defendant. To my knowledge, defendant's decisions to make this agreement and to plead guilty are informed and voluntary ones. Date ~ I e 11-o~ ~ Rosalind Lee ~ Attorney for Defendant Case 3:20-cr-00223-IM Document 53 Filed 09/08/21 Page 3 of 3