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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA, ASHEVILLE DIVISION 8-CR-047-01 18-CR-068 18-CR-088-01 UNITED STATES OF AMERICA, ) DOCKET NO.: v. ) DOCKET NO. d WANDA SKILLINGTON GREENE ) PLEA AGREEMENT ) NOW COMES the United States of America, by and through R. Andrew Murray, United States Attorney for the Western District of North Carolina, and the defendant, WANDA SKILLINGTON GREENE, in person and through counsel, Noell Tin and Thomas Amburgey, and respectfully inform the Court that they have reached an agreement pursuant to Federal Rule of Criminal Procedure (“Rule”) 11. References to the United States herein shall mean the United States Attomey for the Westem District of North Carolina. L Plea 1, In Docket No. 1:18-CR-047-01, the defendant agrees to enter a voluntary plea of guilty to Count 5 as set forth in the Bill of Indictment, and admits to being in fact guilty as charged in that count. 2, In Docket No. 1:18-CR-068, the defendant agrees to enter a voluntary plea of guilty to Count 13 and Count 29 as set forth in the Superseding Bill of Indictment, and admits to being in fact guilty as charged in those counts. 3. In Docket No. 1:18-CR-088-01, the defendant agrees to enter a voluntary plea of guilty to Count 31 as set forth in the Bill of Indictment, and admits to being in fact guilty as charged in that count. 4. Ifthe Court finds the defendant’s pleas to be voluntary and knowingly made and accepts the plea, the United States will move at the appropriate time to dismiss all remaining ‘Counts as to this defendant in the Bills of Indictment in Docket No. 1:18-CR-047-01 and Docket No. 1:18-CR-088-01, and the Superseding Bill of Indictment in Docket No. 1:18-CR-068 5. ‘The defendant understands that each and every provision set forth below is a material term of the Plea Agreement. Each of the following constitutes a breach of the Plea ‘Agreement: (a) the defendant's failure to fully comply with any provision of the Plea Agreement; (b) the defendant's attempt to withdraw the guilty plea; or (c) the defendant's violation of any federal, state or local law or any order of any court, including any condition of pre-trial or pre- sentence, or post-sentence release. 6. __ Inaddition to any other remedy available in law, the defendant's breach: (a) will relieve the United States of its obligations under the Plea Agreement, without relieving the Page 1 of 11 Case 1:18-cr-00047-RJC-WCM Document 45 Filed 01/03/19 Page 1 of 11 defendant of the defendant's obligations under the Plea Agreement or permitting the withdraw the guilty plea; (b) may constitute the defendant's failure to accept responsi US... § 3E1.1; and (©) will permit the United States to proceed on any dis superseding or additional charges and, ed, pending, ‘applicable, any Information pursuant to 21 U.S.C. § 851. IL, Sentence 7. The defendant is aware that the statutory minimum and maximum sentences for cach count are as follows: oc :18-CR-047-01, Count 5: a violation of 18 U.S.C. § 666(a)(IXA); @ maximum term of ten years’ imprisonment, a $250,000 fine, or both, and no more than three years’ supervised release. Docket No. 1:18-CR-068, Count 13: a violation of 18 U.S.C. § 666(a)(1(A); a ‘maximum term of ten years” imprisonment, a $250,000 fine, or both, and no more than three years’ supervised release. Dogket_No. 1:18-CR-068, Count 29: a violation of 26 U.S.C. § 7206(1); @ ‘maximum term of three years” imprisonment, a $250,000 fine, or both, and no more than one years of supervised release. Docket No. 1:18-CR-088-01, Count 31: a violation of 18 U.S.C. § 666(a)(1)(B); @ ‘maximum term of ten years’ imprisonment, a $250,000 fine, or both, and no more than three years’ supervised release, 8. The defendant understands that a violation of supervised release may subject the defendant to an additional period of incarceration. 9. The defendant is aware that the Court: (a) will consider the advisory United States Sentencing Guidelines (U.S.S.G-) in determining the sentence; (b) has not yet determined the sentence, and any estimate of the likely sentence is a prediction rather than a promise; (c) has the final discretion to impose any sentence up to the statutory maximum for each count; and (d) is not bound by recommendations or agreements by the United States. Knowing this, the defendant understands that the defendant may not withdraw the plea as a result of the sentence imposed. 10, Pursuant to Rule 11(e)(1)(B), the parties agree that they will jointly recommend that the Court make the following findings and conclusions as to the U.S.S.G. . The Government and the defendant note that in the estimated Sentencing Guidelines calculations conceming the “loss” amounts that were known to or reasonably foreseeable by the defendant, the figures set forth below are the parties’ best good-faith estimates at this time of those amounts. ‘The parties understand that the United States Probation Office will prepare a Presentence Report (PSR), based on the records available (o it, and that, as a result of the Probation Office’s investigation and calculations, the ‘amounts determined for the PSR may differ from the estimates contained in this agreement. In that case, either party remains free to object to the loss amounts set forth in the PSR. Page 2 of 11 Case 1:18-c1-00047-RJC-WCM Document 45 Filed 01/03/19 Page 2 of 11 b. ‘The defendant understands that “loss” under U.S.S.G. §§ 2B1.1 or 214.1 may be different from the amount of restitution under 18 U.S.C. § 3556, e ‘The following apply to the offense(s) to which defendant is pleading guilty: i. Docket No, 1:18-CR-047-01, Count 5: Base Offense Level [U.S.S.G.§ 2B1.1(a)(2)]: 6 Specific Characteristics: U.S.S.G. § 2B1.1(b)(1)(F), loss amount between $150,000 and $250,000 +10 US.S.G. § 3B1.1(6), aggravating role in the offense 2 US.S.G. § 3B1.3, abuse of position of trust 2 ii, Docket No. 1:18-CR-068, Count 13: Base Offense Level [U.S.8.G.§ 2B1.1(a)(2)]: 6 Specific Characteristics: U.S.S.G. § 2B1.1(b)(1)(, loss amount between $1,500,000 and $3,500,000 +16 US.S.G. § 3B1.1(©), aggravating role in the offense 2 ULS.S.G. § 3B1.3, abuse of position of trust 2 iii, Docket No, 1:18-CR-068, Count 29: Base Offense Level [U.S.S.G.§ 2T1.1(a)(1)], a8 determined by a tax loss amount of more than $100,000 but less than $250,000, pursuant to USS.G§ 2T4.1(F): 16 Specific Characteristics: U.S... .§ 2T1.1(b)(1), income from criminal activity 2 iv, Docket No, 1:18-CR-088-01, Count 31 Base Offense Level [U.S.S.G.§ 2C1.1(a)(1)}: 4 Specific Characteristics: U.S.S.G. § 2C1L.1(b(1), more than one bribe 2 U,S.S.G. § 2C1.1(), value of payments between $95,000 and $150,000, pursuant to U.S... § 2B1.1(b)(1)(E) 48 U.S.S.G. § 2C1.1(b)(3), high-level public official +4 Page 3 of 11 Case 1:18-cr-00047-RJC-WCM Document 45 Filed 01/03/19 Page 3 of 11