trey radel plea agreement cocaine

8/13/2019 Trey Radel Plea Agreement Cocaine

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Dave SchertlerSchertler Onorato, LLP575 7' Street, N.W.Washington, D.C. 20004

U.S. Depattinent of JusticeRonald C. Machen Jr.United States AttorneyDistrict o olumbia

udiciary Center555 Fourth St. N JV;Washington D.C. 20530

November 19,2013

Re: United States v. Henry J. Radel, IIICriminal Case No.Dear Mr. Schertler:

This letter sets forth the full and complete plea offer to your client, Henry J. Radel, III(hereinafter referred to as your client or defendant ), from the Office of the United StatesAttorney for the District of Columbia (hereinafter also referred to as the Government or thisOffice ). This plea offer expires on November 20, 2013. If your client accepts the terms andconditions of this offer, please have your client execute this document in the space providedbelow. Upon receipt of the executed document, this letter will become the Plea Agreement(hereinafter refeiTed to as this Agreement ). The terms of the offer are as follows:

1 Charges and Statutory PenaltiesYour client agrees to plead guilty to a criminal Infmmation, a copy ofwhich is attached,

charging your client with Possession of Cocaine, in violation ofD.C. Code 48-904.0l(d)(l).Your client understands that a violation of the statute Cat'l'ies amaximum sentence of 180 daysimprisonment and/or a fine of 1 ,000.2 Factual StipulationsYour client agrees that the attached Statement of Offense fairly and accuratelydescribes your client's actions and involvement in the offense(s) to which your client is pleadingguilty. Please have your client sign and return the Statement of Offense as a written proffer ofevidence, along with this Agreement. . . .

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3. Additional Charges- - - .In consideration of your client's guilty plea to the above offense, your client will not befurther prosecuted criminally by this Office for the conduct set forth in the attached Statement ofOffense. Your client agrees that any and all dismissed charges were based in fact, and yourclient is not a prevailing party within the meaning of the Hyde Amendment, 617, P.L. 105-119, Title VI Nov. 26, 1997), and will not file any claim under that law.

4. Court Not Bound by tbis Agreement or the Sentencing GuidelinesYour client understands that the sentence in this case will be imposed in accordance withSuperior Court Criminal Rule 32. Your client further understands that the sentence to beimposed is a matter solely within the discretion of the Court. Your client acknowledges that theComt is not obligated to follow any recommendation of the Govermnent at the time ofsentencing.5. Conditions of ReleaseYour client acknowledges that, although the Govermnent will not seek a change in yourclient's release conditions pending sentencing, the fmal decision regarding your client's bondstatus or detention will be made by the Comt at the time of your client's plea of guilty. TheGovemment may move to change your client's conditions of release, including requesting thatyour client be detained pending sentencing, if your client engages in further criminal conductprior to sentencing or if the Govermnent obtains information that it did not possess at the time ofyour client's plea of guilty and that is relevant to whether your client is likely to flee or pose adanger to any person or the community. Your client also agrees that any violation of yourclient's release conditions or any misconduct by your client may result in the Govetnment filing

an ex parte motion with the Court requesting that a bench wanant be issued for your client'satTest and that your client be detained without bond while pending sentencing in your client'scase.6. Waiver of Trial RightsYour client represents to the Court that your client's attorney has rendered effectiveassistance. Yom client understands that by pleading guilty in this case your client agrees towaive cetiain rights afforded by the Constitution of the United States and/or by statute or rule.Your client agrees to forego the right to any further discovery or disclosures of information notalready provided at the time of he entry of your client's guilty plea. Your client also agrees to

waive, among other rights, the right to plead not guilty, and the right to ajmy trial. lfthere werea jury trial, yom client would have the right to be represented by counsel, to confront and crossexaiUine witnesses against your client, to compel witnesses to appear for the pmpose oftestifying and presenting other evidence on your client's behalf, and to choose whether to testify.If there were a jury trial and your client chose not to testify at that trial, yom client would havethe right to have the jmy instructed that your client's failme to testify could not be held againstyom client. Your client would further have the right to have the jmy instructed that your client ispresumed innocent until proven guilty, and that the burden would be on the United States to

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prove your client's guilt beyond a reasonable doubt. If your client were found guilty after atrial, your client would have the right to appeal your client's conviction. Your client understandsthat the Fifth Amendment to the Constitution of he United States protects your dienifrOin theuse of self-incriminating statements n a criminal prosecution. By entering a plea of guilty, yourclient knowingly and voluntarily waives or gives up your client's right against self-incrimination.Your client also agrees to waive all constitutional and statutory rights to a speedysentence and agrees that the plea of guilty pursuant to this Agreement will be entered at a timedecided upon by the parties with the concurrence of the Comt. Your client understands that thedate for sentencing will be set by the Comt.7. Waiver o Collateral ttackYour client also waives any right to challenge this conviction or sentence or othetwiseattempt to modify or change this sentence or the mapner in which it was determined in anycollateral attack, including, but not limited to, a) a motion brought under D.C. Code Section 23-110, except to the extent such a motion is based on newly discovered evidence or on a claim thatyour client received ineffective assistance ofcounsel in entering into this Agreement.8 Waiver of Privacy ct and FOI RightsYour client also agrees to waive all rights, whether asserted directly or by arepresentative, to request or receive from any department or agency of the United States anyrecords pertaining to the investigation or prosecution of this case, including and. withoutlimitation any records that may be sought under the Freedom of Information Act, 5 U.S.C. 552,or the Privacy Act, 5 U.S.C. 552a.9 Breach of gteementYom client understands and agrees that, if after entering this Agreement, your client failsspecifically to perf01m or to fulfill completely each and every one of your client's obligationsunder this Agreement, or engages in any criminal aCtivity prior to sentencing, yom client willhave breached tlus Agreement. n the event of such a breach: a) the Government will be freefrom its obligations under this Agreement; b) your client will not have the right to withdraw theguilty plea; c) yom client will be fully subject to criminal prosecution for any other crimes,including perjury and obstruction of ustice; and d) the Govemment will be free to use againstyour client, directly and indirectly, in any criminal or civil proceeding, all statements made byyour client and any of the inf01mation or materials provided by your client, including such

statements, information and materials provided pursuant to this Agreement or during the courseof any debriefmgs conducted in anticipation of, or after entry of, this Agreement, whether or notthe debriefings were previously characterized as off-the-record debriefings, and including yourclient's statements made during proceedings before the Court pmsuant to Rule 11 ofthe FederalRules of Criminal Procedure.

Your client understands and agrees that the Government shall be required to prove abreach of this Agreement only by a preponderance of the evidence, except where such breach isPage 3 of


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based on a violation of federal, state, or local criminal law, which the Govemment need prove. only byprobablecause in order to establish abreach of this Agreement. Nothing in this Agreement shall be construed to permit your client to commit perjury, to

make false statements or declarations, to obstmct justice, or to protect your client fromprosecution for any crimes not included within this Agreement or committed by your client afterthe execution of this Agreement. Your client understands and agrees that the Governmentreserves the right to prosecute your client for any such offenses. Your client further understandsthat any petjury, false statements o r declarations, or obstruction of ustice relating to your client sobligations under this Agreement shall constitute a breach of this Agreement. In the event ofsuch a breach, your client will not be allowed to withdraw your client s guilty plea.

10 Government s ObligationsThe government understands that your client will seek to be sentenced pursuant to D.C.

Code Section 48-904.01 (e) which allows for the dismissal and discharge of convictions undercertain circumstances for first time misdemeanor dmg offenders. Because this is your client sfirst such offense and in light of its practice with similarly situated defendants, the govemmentwill defer to the Court on your client s request.

11 Complete AgreementNo agreements, promises, understandings, or representations have been made by the

parties or their counsel other than those contained in writing herein, nor will any suchagreements, promises, understandings, or representations be made unless committed to writingand signed by your client, defense cotmsel, and an Assistant United States Attomey for theDistrict of Coluntbia.

Your client further understands that this Agreement is binding only upon the Criminaland Superior Court Divisions of the United States Attomey s Office for the District of Columbia.This Agreement does no t bind the Civil Division of this Office or any otherUnited StatesAttorney s Office, nor does it bind any other state, local, or federal prosecutor. It also does not.bar or compromise any civil, tax, or administrative claim pending or that may be made againstyour client.

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If the foregoing terms and conditions are satisfactory your client may so indicate by. signing this Agreement and the Statelllent of Offense and returni11g both to.me no later thanNovember 19 2013.

Sincerely yours

f ; 1 ~ u C ; U ; ~RONALD C. MACHEN JR.United States Attorney

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DEFENDANT S ACCEPTANCEI have read every page-oftliis Agreement and have discussed it with niy attorney, David

Schertler. I fully understand this Agreement and agree to it without reservation. I do thisvoluntarily and ofmy own free will, intending to be legally bound. No threats have been madeto me nor am I under the influence ofanything that could impede my ability to understand thisAgreement fully. I am pleading guilty because I am in fact guilty of the offense(s) identified inthis Agreement.

I reaffitm that absolutely no promises, agreements, understandings, or conditions havebeen made or entered into in connection with my decision to plead guilty except those set fotihin this Agreement. I am satisfied with the legal services provided by my attomey in connectionwith this Agreement and matters related to it.

Date: l lo 13

ATTORNEY S ACKNOWLEDGMENTI have read every page of this Agreement, reviewed this Agreement with my client,

Hem y J. Radel, III, and fully discussed the provisions of this Agreement with my client. Thesepages accurately and completely set forth the entire Agreement. I concur in my client s desire toplead guilty as set fmih in this Agreement.

Date: /Fl/J-( 3Attorney for Defendant

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trey radel plea agreement cocaine

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