indiana indianapolis division - townnews · 2019-03-15 · l]nited states district court southern...

L]NITED STATES DISTRICT COURTSOUTHERN DISTRICT OF INDIANA

INDIANAPOLIS DIVISION

UNITED STATES OF AMERICA.

Plaintiff.

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Ceuse No l: l8-cr-0116 TWP-MJD-l IMELISSA BAIRD.

Defendant.

Part l: Cuilty Plea and Charee

1. Pler of Guilty: The defendant petitions the Court for leave to enter and agrees to enter a

plea of guilty to the following offens€s charged in the Third Superseding Indictment (hereinafter,

Indictment): Count One, which charges that the defendant committed the ofrense ofConspimcyto Possess

with Intent to Distribute or to Distribute 50 Grams or More ofMethamphetamine (Actual), in violation of

Title 21, United States Code, Sections 841 and 846. The offense is punishable by a maximum sentence

of ten years to life imprisoD-nent, a fine of up to $10,000,0000, and no less than five years supervised

release following any term ofimprisonment. To sustirio the oflense to which the defen&nt is pleading

The United States ofAmerica, bycounsel. JoshJ. Minkler, United States Attomey for the Southem

District oflndiana, and Michelle P. Brady, Assistant United States Attomey ('1he Government"), and the

defendant, Melissa Baird ('1he defendanf'), in person and by counsel, Edwad Schrager, hereby inform

the Court that a Plea Ageement has been reached irl this case pusuant to Federal Rule of Criminal

Procedue e I l(cxlXC). The following are its terms aDd conditions:

Case 1:18-cr-00116-JRS-MJD Document 635 Filed 03/11/19 of 13 PageID #: 1520

guilty. the Government must prove the Ibllowing elements bcyond a reasonable doubt: ( I ) a conspiracy

lo possess with inlcnt to distribute and lo disl bute 50 grairs or nrore of mclhamphetamine (actual)

e\isted: and (2) lhc l)elendant know ingll .joined the conspirac\ \t ith lhe intenl to t'urlhcr lhe conspirac] s

objectives.

Parl 2: Gene ral Provisions

2. 18 U.S.C. S 3553(a) and Sentencing Guidelines: The defendant agrees and underslands

that should this Coun accept this plea agreement, the Court will sentence the delendant to the specific

se[tence set fonh in paragraph 7, below. The defendant agrees and understands that the Court, in deciding

whether to accept or reject the specific sentence set forth in paragraph 7, below. will (A) consider rhe

l'actors set forth in l8 U.S.C. $ 3553(a), and (B) consulr and take into accounffhe Unitcd Slates Senrencing

(;uidelines ( 'Senl€ncing Guidelines ' or "tJ.S.S.C."). The delendant also agrees and understands thar the

Sentencing Guidelines are not mandatory or binding on the Couft, but are advisory in nature, and that thc

linal determination conceming the applicable advisory guideline calculation. criminal history category.

and advisory sentencing guideline range will be made by the Coun.

3. Rule I l(c)(lxc), Fed. R. Crim. P.: The defendant acknowlcdges rhat rhis plca

Agreement is govemed by Federal Rule of Criminal Procedure I l(cxl)(C) and that the spccilic sentence

sel forth in paragraph 7, below, is the appropriate disposition ofthis cause. The parlies understand ihat

lhc Courr must accepl or reject the sentence specified in this Plea Agreement. Ifthe Coun rejects this plea

Agreement, then either party may withdraw lrom this Plea Agreement. The defendant acknowledges ihat

pursuant to Fed. R. Crim. P. I l(cx3), (4) and (5), ifthe Cou( rejects the Plea Agreement. the Courr will

advise the defendant personally in open court that the Court is rejecting the Plea Agreemenl and rhe Court

will allbrd both partics the opportunity to then withdraw the Plea Agreement.

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4. Plea Agreement Based on Information Presently Known: The dct'endant recognizes

and understands that this Plea Agreement is based upon the information presenlly kno$n to the

Govcmment. Thc Goverturent agrees not to bring other fed€ral charges against the defendant based on

inlbmation currently known lo the United States Attomey for the Southem District ol lndiana. The

Govemment will infom the Courl and the defendant ar the time ol laking the defendant's plea u,herher

the Govemmcnt has obtained any infbrmation alier the Plca Agreement was signed that may \\'arrant

bringing other lcdcral charges agairst the defendant.

5. No Protection From Prosecution for Unknown or Subsequent Offensesi Thc

delendant acknowledges and agrecs that nothing in this agreement shall protect the defendanl in any way

from prosecution for any otlense not specifically covered by this agreement. or not known lo the Ljnited

States Attomey 1-or the Southem District of Indiana at this time. The dcl'endant further acknowledges and

agrees thal nolhing in this agreemenl shall protecl lhe def'endant in any way from prosccution lbr an},.

oflense committed after the date oflhis agreemenl.

6. Rights Under Rule 11(b), Fed. R. Crim. P.: Thc delendanr underslands that the

Covemment has the right, in a prosecution for perjury or false statement, to use against the dolendant an),

statement lhat the defendant gives under oath during lhe guilty plea colloquy_ The del'cndant also

understands that the defendant has the right: (A) to plead not guilly, or having already so pleaded. the righr

to pcrsist in that plea; (B) to ajury trial; (C) to be represented by counscl--and ifnecessarv havc the court

appoint counsel--at trial and at everv other stage ofthe proceedings, including appeal: and (D) to confront

and cross-examine adverse witnesses, io be protected liom compellcd self-incrimination. to testify and

prcsent evidencc, and to compel thc attendance of witnesses. The dciendant also understands that the

constiturion guaranrees the righr to bc considered lor release u[til rriali and if lound guilty ol the charge(s).

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the right to appeal the conviction on such charge(s) 1o a higher court. The delendant understands that if

the Cou( acccpts this plea ofguilty. thc defendant waives all ofthcse rights.

Part 3i Sentencc to be Imposed

7. Agreed Upon Sentence Pursuant to Federal Rule ofCriminal Procedure I l(c)(lxc):

The panies agee thal the following senience is the appropriate disposition of this cause: ir term ol'

imprisonrnent ofqq!95;_$q4-.fQ_pqg4$g- The provision set fonh in this paragraph is the only provision

of this Plea Agreement subject to the provisions of Fed. R. Crim. P. I 1(c)( IXC). The United States will

recommend the low end ofthe advisory guideline range as determined by this Plea Agreemenl.

8, Supervised Releas€: Both partics reserve the right to present evidence and arguments

conceminS whether the Cou( should impose a term of supen'ised releasc to follow any lerm ol-

imprisonmcnt in this case, the duration ofany term of supenised releasc, and the terms and conditions of

the relcase.

9. Conditions of Supervised Release: The parties understand and agrec that the Coun B,ill

determine which standard and special conditions ofsupervised release to apply in this case. Th(: panics

reserve the right to present evidence and arguments conceming these conditions.

Part 4: Nlonetarv isions and !'orfeiture

10. Mandatory Special Asscssment: Thc defendant will pay a total ofSl00 on thc date of

sentencing or as ordered by the Cou( to the Clerk, Uniled States District Cour1, which amount rcprcsents

the mandatory special assessment f'ee imposed pursuant to l8 U.S.C. { 3013.

ll. Obligation to Pay Financial Component of Sentence: Ifthe defendanr is unablcropay

anv tinancial component ofthe dettndant s sentence on the date ol scntencing. then the defendant agrees

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that the payment ofthe financial compone[t should be a condition ofsupervised release. The defendant

has a continuing obligation to pay the financial component ofthe senlence. The delendant Iurther agrees

lhat as ol thc <late of filing this Plea Agreement the defendant will provide all request(jd financial

intbrmation. including privacy waivers, consents, and relcases requested by the Govemmcnt to access

records to vcrily the defendant s financial disclosures. to the Govcmment for use in the collection ofany

fines. restitution, and moneyjudgments imposed by thc Court and authorizes the Covemmenl to obtain

credit repons relating to the defendant for use in the collection of any fines and restilution, and money

judgme[ts imposed by the Coun. Thc defendant also authorizes the Covcmment to inspecl and copy all

Iinancial d<rcuments and intormation held by the United States Probation Office. Ifrhc delendanr iserer

incarcerated in connection wilh this case, the defendant may participate in the Bureau of Prisons lnmale

Financial Responsibility Progmm.

actual Rasis for Guil

12, The parties stipulate and agree that the following facts establish a t'actual basis fbr

the dcf'endant s plea ofguilty to thc offense set forth in Paragraph One. above, and that the Govemmenl

r\ould be able to establish the lollowing facts beyond a reasonable doubl in the event this cause was lo

proceed to trial. The following inlbrmation is only a summary ofthc Govemment s evidence. Ihis plea

Agreement is not intendedto loreclose the presentation ofand the Govcmment reserves the right to present

ndditional cr idence at the time ofscnlcn(ing.

a. In late 2017, rhe DEA began investigaring several individuals in Kokomo. Indiana

lor suspected drug trafiicking aclivities. In the course of the invcstigation, the DEA obtained cour

autho zation to interce,pt multiple cellular phones in 2018, including cellular phoncs bclonging to

codct'endant Reggie BALENTINE. Through invesligarion, the DEA leamed ihat BALENTINE was


disl buling controlled subslances. including methamphetamine, to various individuals in Kokomo.

Indiana aftcr receiving the drugs Iiom PicIac RILEY in Georgia. In thecourse ofthis conspiracy, BAIRf)

.ioincd the charged conspiracy by sbring controlled substances for BALENTINE. and, on occasion.

delivered methamphetamine to BAt,EN I INE's customers at his request.

b. The moming of April 21, 201 8, Melissa BAIRD boarded a Megabus in downlown

Indianapolis lbr the purpose ofdelivering BALIINTINE's drug proceeds to Pierre RILEY and picking up

anothcr load ofdrugs to take back to BALENTINE. After arriving in Georgia. BAIRD, Krisrin KINNEy.

and Piene RILEY met with anolher individual on April 24, 2018. The purpose ofthis meeting was to

discuss oblaining the drugs that BALENTINE needed, so that BAIRD could bring rhem nofih to Kokomo.

ln(liana. RILEY then lnet with the source ro obrain the dmgs on the evening of April 24. 2018.

c. The next moming, April 25,2018, BAIRD boardcd a Megabus in Georgia. whioh

s'as rraveling to lndianapolis, lndiana. During a stop in Tennessee_ intcrdiction otficers. acting at thc

dircclion and requestofDEA. utilizcd a narcotics K9 onrhebus. ln this slop. rheoflicers locared BA IRD's

hag and the K9 alerted io the bag for the presence of the odor of narcotics_ A subsequent search o[lhe

bag (alier no passenger on the bus claimed owne$hip ol the bag) rcvealed that it conrained what lalcr

tcsted to bc more than 3,000 grams ofmethamphetamine (actual) and approximately 500 grams ofcocainc.

d. While the interdiclion stop was occurring. BAIRD alerted BALENTINE about thc

otlicers on the bus via interceptcd phonc calls. lnlhesecalls. BAIRD rela)ed.'.theyjusr rook us all off

lrhc police asked all passengers to disembark rhe bus so the) could use lhe K9 on rhe bus]...thc) puttin!r

a dog on the mother fucking bus. Am I good?' BALENTINE replied. ..No. Movc lour bag. .lusr ecl

away liom the bag [rhe bag she had rhar conrained rhe drugs]." BAIRD responded. ..Oka1- I did...

UAI.IiNTINE asked, "Where you at? ' IIAIRD answered. ,.1'm outside the bus... BALENTINE askcd.

..ln

( hattanooga?' and BAIRD conflrmed. ForlowinS the police seizure o| BATRD's bag, aI passcngers.

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including BAIRD. got back on the bus; howevcr, in a follow up call berween BAIRD and BALENTINE.

BAIRD rclayed thal she would be disembarking the Megabus in Nashville, Tennessee. and would takc a

Creyhound the rest ol rhc wa] lo Indiana.

e. At approximately 9146 a.m. on April 25.2018. BATRD and BALENTINE had a

convcrsalion about the interdiction stop described abovc. During the call. BALENTINE asked. ..1Ior!

w0s

it wrapped? Was it fbur. in four or five containers?" BAIRD responded. .'No it was jr.rst wrappcd. hc

IPierrc RILEY]just wrapped the bundles in mv sweatpants hecause he couldn't bring thar wrapper thing

in there because the guy at the hotel was being nosey...So they weren't double wrapped_'

Part 6: Other Conditions

l-1. Background lrformation: Thc dcfendant acknowledgcs and undersrands that no

linrilation shall be placed upon the Cou('s consideralion of intbrmation conceming the background.

character. and conduct of the defendant lor the purpose of imposing an appropriate sentence. The

dclendal]t acknowledges and understands that thc Govcmment is not prohibited lrom providing

inlbrmation concerning background. character, and conduct of the del'endant for the purposc ol'

recommending or advocating an appropriate guidelinc calculalion and sentence.

14. Good Behavior Requirement: The defendanr agrces to fully comply with all condirions

ofrcleasc imposed by the Court during all slages ofthis case. Iflhe defendant fails to fully comply * irh

such conditions. then the Govemment may withdraw lrom this Agreemenl.

15. Compliance with Federal and State Laws: The det'endant undersrands lhar tho

obligalions ol'theGovemment i,,this P]ea Agreement are cxpressly contingent upon the defcndant abiding

by ledcral and state laws.

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Parl 7: Sr:nlrncins uideline Stipulrtions

16. Guideline Computations: Pursuant to Section 681.4 ofthc Scntencing Guidclincs. the

paflics agree to the Stipulations below. The parties understand and agree that these Stipulations arc

hinding on the panies but are only a recommendalion to the Couft and that the Court will deteminc thc

adr,isory sentencing guidelines applicable in this case. The panies agree lhat no slipulalion regarding anv

lactors in Chapter 4, Criminal History Category. ofthe Sentencing Cuidelines has been made. and that

such determination will be made by the Coun. The 2016 version ofthe Sentencing Guidelines has becn

used by the parties to make the stipulations set lbrth below.

a. Base offense lcvel: 16

b. Acceptancc ol Responsibility: To date. the dettndant has demonstralcd a

rccognilion and affirmative acceptance of personal responsibility lbr the dclendant s criminal conduct.

Based upon the defendant s willingncss to accept a Plea Agreemenl and enter a plea of guilty lo lhe

criminal conduct noted in this agreement, the Governnent agrees thal the defendant should receive a thrce

levol rcducrion prourled the defendant satisfies the criteria set foth in Guideline $ 3El.l(a) up lo and

including the time of sentencing.

part t: Waivcr of Right to ADpeal

11. Direct Appeal: The del'endant uflderslands thar lhe defendanl has a srarutory righr ro

appcal the conviction and sentencc imposed and the manner in which lhe sentence was determined.

Acknowledging this right, and in exchange for rhe concessions madc by the Govemmenr in this prca

Agreenlent, the defendant expressry waives thc defendant's righr to appeal thc conviction imposed in rhis

casc on any ground, including the right to appeal contbned by lg U.S.C. $ 1742. The del.endanl iunher

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expressly waives any and all challenges to thc slatute(s) to which the def'endant is pleading guilty on

constilulional grounds. as wcll as any challenge that the defendant s admitled conduct does not fall t\ ithin

thc scope ol thc applicable slatule(s). The dcfendant furthcr agrees thar she expressly waives her right to

appeal the scntence imposed in this case on any ground, including lhe righi to appeal confcrrcd hy 18

U.S.C. $ 3742. This waiver of appeal specifically includes all provisions of the guilty plca and sentcnce

imposed, including the lenglh and conditions supervised release and the amount ofany fine.

18. Later Legal Challenges: Additionally. the def'endant expressly agrees not to conlesr. or

seek to modil;. the defendant s conviction or sentence or the manner in \r'hich either was dctermined in

any later lcgal proceeding. including but not limited to, an aclion brought under l8 U.S.C. $ 3582 or 28

U.S.C. S 2255. As concems this Section 3582 waiver, should the United Statcs Sentencing Commission

and or ConSress in thc Iuture amend the Sentencing Cuidelincs to lower thc guidelinc range lhat pertains

to the dclcndant s offense(s) and explicitly make such an amcndment retroactivc. the Govemmcnl agrees

that it will not argue that this waiverbars the def'endant fiom filing a motion with the district court pursuanr

to l8 U.S.C. $ 3582(c)(2) based on that retroactive Guidelines amendment. However. ifthe clelendant

files such a motion, the Govemment may oppose the motion on any other grounds. Furtheflnotc. should

the defcndant seek to appeal an adverse ruling oflhe district court on such a motion. the Government may

claim that this waiver bars such an appeal. As concems the Section 2255 waiver, the waiver does not

prevent claims, either on direct or collateral review, that thc defendant receivcd ineffcctive assistance of

counsel.

19. No Appeal of Supervised Release Term and Conditions: The parties' resen ation ()1 rhe

rights to present evidence and arguments in this Court conceming the length and conditions ofsupen,ised

release is nor intended to be inconsisrent with the waiver of Appeal specilied above. which inclucles a

wai\er ol'the righr ro appeal lo the length and conditions of rhe period of superv.ised release.

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Part 9: Prcscntence InvcstigAtion Report

20. The dclbndant requests and consents to the commencement ofa pres('nrcn.e investi-qttion

by probation officers of the United Statcs District Court for purposes ol preparing a Presenrcnce

Investigation Rcport at this time and prior to the entry of a formal plea ofguilty.

21. The dcfendant lufther requests and consents to the rcview ofthe defcndant's Presentcnce

Invcstigation Report by a Judge. defendant s counsel. the defendant, and the Go\emment at any tim(.

including prior to entry ofa lbrmal plea ofguilty.

Prrt ll): Strtement of t'hc Delcndrnt

22, By signing this document. the delendant acknowledges the following:

a. I have received a copy ofthe lndictmenl and have

read and discussed it with my attomey. I believe and feel that I understand every accusation made against

me in this case. I wish the Courl to omit and consider as waived by me all readings ol the

lndictment/Information in open Coun. and all further pmceedings including my arraignmenr.

b. I have told my atlomey the facts and surrounding circumstances as krown

to me conceming the matters mentioned in the Indictment, and believe and feel that my attomey is fully

inlormed as to all such matters. My altomey has since informed. counseled and advised me as to the

nature and cause ofevery accusation against me and as to any possible defenses I might have in this case.

c. I have read the entire Plea Ageement and discussed it with tny attorney.

d. I understand all the terms ofthe plea Agreement and those terms correctly

reflect the results oIplea negotiations.

e. Except for the provisions ofthe plea Agreemenl, no officer or agenr ofany

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branch ofgovcmment (federal. state or local), nor any other person, has made any promise or suggcstion

of any kind lo me, or within my knowledge to anyone else. that I would rcceive a lighter sentence. or

probation. or any other form of lcniency, if I would plead "Guilty". I respectfirlly request that the Court

consider in mitigation of punishment at the time of sentencing the I'act that by voluntaily pleading

"Guilty" I have saved the Govemment and the Court theexpense and inconvenience ofa trial. Iunderstand

that before il imposes sentencc. lhe Coun will address me penonally and ask me if I lyish to make a

statement on my behalfand to present any information in mitigation olpunishment.

f. I am fully satisfied with m), attomcy's representation during all phases of

this case. My anomey has done all that anyone could do to counsel and assist me and that I fully

understand the proceedings in this case against me.

g. I rnake no claim ofinnocence, and I am freely and voluntarily pleading

guihy in this casc.

h, I am pleading guilty as set fonh in rhis Plea Agreement because I am

guilty ofthe crime(s) to which I am cntering my plea.

i. I understand thai ifconvicted. a delendanl who is not a United States

Citizen may be removed from the United Stales. denied citizenship, and denied admission lo rhe United

Stales in thc Iirture.

j. My attomey has informed me, and I urderstand, thal I have the right to

appeal any conviction and sentence that I receive. unless I have waived my right to appeal as part ofthis

Plea Agreement. Ifl haveIlot waived my right to appeal, I understand that I must filea Nolicc ofAppeal

within fourtecn ( 14) days ofthe ently ofthejudgment in this case; I lurther undeNtand that rhc clerk ol

the court will prepare and file a Notice ofAppeal on my behalfifl ask that to be done. I also undersrand

that the Uniled Sraics has rhe righl lo appeal any sentence thar I receivc under this plea Agreemenl.

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k. My altomey has informed me, and I understand, that if I provide or cause

1() be provided materially lalse information to ajudge, magislrale-judge, or probation oflice. then Scction

3C 1 .I of the Sentencing Cuidclines allows the Court to impose a two level increase in the oflense level.

. l. Ifthiscauseiscurrentlvsetfortrial on the Court's calendar. Irequestlhat

this dale be conlinued to permit the Court to consider this proposed guilty plea agreement. I further

undcrshnd that any delay resulting lrom the (lourt's considcration ofthis proposcd guilty plea agreement,

up to and including the date on rvhich the Court either accepts or rejects my guilty plea. will be excluded

in computing the timc \ryithin which trial of this cause musl commence. puAuant to l8 U.S.C. S

316r(hX r XC).

Part I l: Ccrti of ( ouDsel

23. By signing this document- the defendant's attorney and counselor cenilies as lolloNs:

a. I have read and fully explained to the dcfbndant all the accusalons againsr

the del'endant which are set forlh in the Indiclment in this casci

b. To the best ofmy knowledge and beliel'cach statement set forth ill the

loregoing petition to enter plea ofguilt), and plea agreement is in all respects accurate and truc:

c. The plea of "Guilty" as ollered by fie deltndant in lhc lbregoing pelirion

to enter plca ofguilty and plea agreement accords with my understanding oflhe facts as related to mc by

the delendant and is consistent with my advice to the defendant;

d. In my opinion, the dcfendant's waiver olall reading ofthc Indictment

in open court, and in all further proceedings. includiiu anaignment as provided in Rule 10, Fed. R. Crim.

P.. is voluntarily and undcrstandingly madei and I reconxnend 10 the court lhat the waiver be accepled by

the Courl:

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e. ln my opinion. the plea of"Cuilty" as offered by the defendant in lhe

foregoing petition to enter plea ofguilty and plea agreement is voluntarily and understandingly made and

I recommend to the Courl that the plea of"Cuilty" be now accepted and entered on behalfofthe delendanl

as requesled in lhe foregoing pelition lo enter plea ofguilty and plea agreement.

Prrt l2: Finsl Provision

24. Complete Agreement: The defendant acknowledges that no threats. promrses. or

rcpresentations have been made. nor agreements reached, other than lhose set forth in this documcnt. to

induce lhe defendant to plead guilty. This document is the complete and only Plea Agreemenl betwccn

the det'endant and the United States Alomey for the Southem District ollndiana and is binding only on

lhe panies to the plea agreement, supersedes all prior understandings, ifany, whether written or oral. and

cannot be modified except in writing. signed by all parties and filed with the Court, or on the rccord in

opcn court-

Respecttully submitted,

.,OSH J. MINKLERUnited Staies Attomey

Mic le P. Brady

Assislant Unilcd Srarcs Attomcy

$f Brad acking(()n

Dcpuly Chicl. Drus Unil

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\-Ji-l?DATI]

3-4/,

Mclissa Bairdl)c

ScDA1'E

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ounsel lo

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indiana indianapolis division - townnews · 2019-03-15 · l]nited states district court southern...

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