Pauly Plea Deal

Case Document 57 Filed 07/10/19 Page 1 of 7 PageID 111 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION UNITED STATES OF AMERICA, Plaintiff, PLEA AGREEMENT vs. DAVID BRANDON PAULY, Defendant. The Defendant, the Defendant?s attorney, and the United States Attorney for the District of South Dakota hereby submit the following Plea Agreement to the United States District Court, which Agreement was reached pursuant to discussions between the United States Attorney and the Defendant?s attorney. The Agreement is as follows: A. ACKNOWLEDGMENT AND WAIVER OF RIGHTS AND UNDER- STANDING OF MAXIMUM PENALTIES: The Defendant agrees that he has been fully advised of his statutory and constitutional rights herein, and that he has been informed of the charges and allegations against him and the penalty therefor, and that he understands same. The Defendant further agrees that he understands that by entering a plea of guilty as set forth hereafter, he will be waiving certain statutory and constitutional rights to which he is otherwise entitled. B. PLEA AGREEMENT PROCEDURE NO RIGHT TO WITHDRAW PLEA IF COURT REJECTS RECOMMENDATION: The United States and the Case Document 57 Filed 07/10/19 Page 2 of 7 PageID 112 Defendant agree that this Plea Agreement is presented to the Court pursuant to Rule 1 of the Federal Rules of Criminal Procedure, which authorizes the United States to agree that it will recommend, or agree not to oppose, the Defendant?s request that a particular sentence or sentencing range is appropriate or that a particular provision of the Sentencing Guidelines, or policy statement, or sentencing factor, does or does not apply. Such agreements and recommendations are not binding on the Court, and the Defendant may not withdraw his plea of guilty if the Court rejects them. C. PLEA OF GUILTY TO CHARGE: The Defendant will plead guilty to the Indictment ?led in this case, which charges the violation of 21 U.S.C. 84l(a)(1) and 846. The charge carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison, a $10 million ?ne, or both, and a term of supervised release. The term of supervised release in this case is a minimum of 5 years and a maximum of life. If the Defendant is found by a preponderance of evidence to have violated a condition of supervised release, he may be incarcerated for an additional term of up to 5 years on any such revocation and placed on additional supervised release for any term up to life. There is a $100 assessment to the victims? assistance fund. D. VIOLATION OF TERMS AND CONDITIONS: The Defendant acknowledges and understands that if he violates the terms of this Plea Agreement, engages in any further criminal activity, or fails to appear for sentencing, this Plea Agreement shall become voidable at the discretion of the United States and the Defendant will face the following consequences: Case Document 57 Filed 07/10/19 Page 3 of 7 PageID 113 (1) All testimony and other information the Defendant has provided at any time to attorneys, employees, or law enforcement of?cers of the United States, to the Court, or to the federal grand jury may and will be used against him in any prosecution or proceeding. (2) The United States will be entitled to reinstate previously dismissed charges and or pursue additional charges against the Defendant, and to use any information obtained directly or indirectly from him in those additional prosecutions. (3) The United States will be released from any obligations, agreements, or restrictions imposed upon it under this Plea Agreement. E. ACCEPTANCE OF RESPONSIBILITY: The United States agrees that based upon the information known to it at this time, the Defendant is entitled to a two-level decrease in his offense level pursuant to U.S.S.G. provided no evidence is disclosed in the presentence report which indicates the Defendant has not demonstrated a recognition and af?rmative acceptance of personal responsibility for his criminal conduct, and further provided he: (1) complies with the terms of this Plea Agreement; (2) testi?es truthfully during the change of plea hearing; (3) participates truthfully with the Probation Of?ce in the presentence investigation; (4) does not violate any conditions of pretrial detention or release after he signs this agreement; and (5) continues to exhibit conduct consistent with acceptance of responsibility. Both the United States and the Defendant otherwise reserve the right to present evidence and make argument regarding sentencing. Case Document 57 Filed 07/10/19 Page 4 of 7 PageID 114 F. TIMELY ACCEPTANCE OF RESPONSIBILITY: The United States agrees that the Defendant has timely noti?ed authorities of his intention to enter a plea of guilty thereby permitting the United States and the Court to allocate their resources ef?ciently. Therefore, if the offense level determined prior to the operation of U.S.S.G. 3E1.1(a) is level 16 or greater and the Defendant quali?es for a two-level decrease under U.S.S.G. 3E1 . 1 this provision shall be treated at the sentencing hearing as a motion pursuant to U.S.S.G. 3E1.1(b) to decrease the offense level by one additional level. G. RECOMMENDATION REGARDING SENTENCE- ANY SENTENCE WITHIN STATUTORY LIMITS: At the sentencing hearing, both the United States and the Defendant are free to recommend Whatever sentence each feels is appropriate, within statutory limits, present evidence, and make arguments in support thereof. The Defendant understands that any recommendation made by him or the United States is not binding on the Court. The Defendant further understands that he may not withdraw his plea of guilty if the Court rejects any recommendation. H. SPECIAL ASSESSMENT: The Defendant agrees to remit to the U.S. Clerk of Court, 400 S. Phillips Ave., Sioux Falls, SD 57104, no later than two weeks prior to sentencing, a certi?ed or cashier?s check payable to the Clerk of Court? in the amount of $100, in full satisfaction of the statutory costs pursuant to 18 U.S.C. 3013. I. MONETARY OBLIGATIONS - ONGOING DUTY: The Defendant agrees, if requested by the United States, to return an Case Document 57 Filed 07/10/19 Page 5 of 7 PageID 115 executed Authorization to Release Financial Records and Documents, an executed Authorization to Release Tax Returns and Attachments, current earnings statements, copies of his W-2s and an executed Financial Statement. The Defendant understands that this is an ongoing duty which begins upon execution of this plea agreement and continues until such time as payment of any ?nancial obligation is remitted in full. The Defendant agrees to assist the United States in identifying, locating, returning, and transferring assets for use in payment of any ?nancial obligations imposed as part of the sentence in this case. The Defendant expressly authorizes the United States Attorney?s Of?ce to obtain credit reports on him prior to judgment. The Defendant also agrees that if he is incarcerated, he will participate in the Bureau of Prisons? Inmate Financial Responsibility Program during any period of incarceration in order to pay any ?nancial obligations ordered by the Court. The Defendant?s agreement to participate in the Inmate Financial Responsibility Program does not limit the United States? right to pursue collection from other available sources. If there is no period of incarceration ordered, the Defendant agrees that payment of any ?nancial obligations ordered by the Court shall be a condition of probation. J. BASIS FOR PLEA OF GUILTY: The Defendant agrees that the statement of facts, signed by the parties and incorporated herein by this reference, provides the basis for his guilty plea in this case, and is a true and accurate statement of his actions or omissions with regard to the charges to Case Document 57 Filed 07/10/19 Page 6 of 7 PageID 116 which he is entering a plea, and that the Court may rely thereon in determining the basis for his plea of guilty as provided for in this Plea Agreement. K. WAIVER OF SPEEDY TRIAL: The Defendant agrees to waive any rights to a speedy trial under either the United States constitution or the Speedy Trial Act. This waiver is necessary so that the Court will have the bene?t of all relevant information at sentencing. L. PARTIES BOUND: It is further understood and agreed that this agreement is limited to the United States Attorney?s Of?ce for the District of South Dakota, and that this agreement cannot and does not bind other federal, state, or local prosecuting authorities. M. SCOPE OF AGREEMENT: This agreement shall include any attachments, exhibits or supplements designated by the parties. It is further understood and agreed that no additional promises, agreements, or conditions have been entered into other than those set forth in this agreement, and this agreement supersedes any earlier or other understanding or agreement. N. WAIVER OF DEFENSES AND APPEAL RIGHTS: The Defendant hereby waives all defenses and his right to appeal any non?jurisdictional issues. The parties agree that excluded from this waiver is the Defendant?s right to appeal any decision by the Court to depart upward pursuant to the sentencing guidelines as well as the length of his sentence for a determination of its substantive reasonableness should the Court impose an upward departure or an upward variance pursuant to 18 U.S.C. 3553(a). Case Document 57 Filed 07/10/19 Page 7 of 7 PageID 117 SUPPLEMENT TO PLEA AGREEMENT The United States will ?le a Supplement to Plea Agreement which is required to be ?led in every case in compliance with the Court?s Standing Order. 7i lo [1 V1 Date APPROVED: RONALD A. PARSONS, JR. United States Attorney By: DENNIS R. HOLMES Chief, Criminal Division 7-6779 Date 4'44q Date RONALDA. PARSONS, JR. Ems Attorney Jenn1fe1/ Mammengag Assistant United States ttorney PO. Box 2638 Sioux Falls, SD 57101?2638 Telephone: (605)357?2361 Facsimile: (605)330?4410 E?Mail: jennifer.marnmenga@usdoj.gov David Brandon . Defendant Raleigh Hansman Attorney for Defendant Case Document 58 Filed 07/10/19 Page 1 of 3 PageID 118 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION UNITED STATES OF AMERICA, CR19-40039-02 Plaintiff, FACTUAL BASIS STATEMENT vs. DAVID BRANDON PAULY, Defendant. The Defendant states that the following facts are true, and the parties agree that they establish a factual basis for the offense to which the Defendant is pleading guilty pursuant to Fed. R. Crim. P. 1 My name is David Brandon Pauly. Beginning on an unknown date and continuing until approximately February 5, 2019, I, along with at least one other person, reached an agreement or came to an understanding to distribute 500 grams or more of a mixture or substance containing methamphetamine in the District of South Dakota. I voluntarily and intentionally joined in the agreement or understanding to distribute methamphetamine. At the time I joined in the agreement or understanding to distribute methamphetamine, I knew the purpose of the agreement or understanding. While I was actively involved in furthering the purpose of the agreement or understanding, I could foresee that the quantity of methamphetamine Case Document 58 Filed 07/10/19 Page 2 of 3 PageID 119 involved in the agreement or understanding exceeded 500 grams of methamphetamine. On January 3, 2019, a vehicle I was driving with my co-conspirators for the purpose of making a drug run was stopped in Sioux Falls, South Dakota, and searched by law enforcement. Inside the vehicle, of?cers located approximately ?ve pounds of methamphetamine. My co-conspirators and I were aware that methamphetamine would be distributed to drug customers in South Dakota. The parties submit that the foregoing statement of facts is not intended to be a complete description of the offense or the Defendant?s involvement in it. Instead, the statement is offered for the limited purpose of satisfying the requirements of Fed. R. Crim. P. 1 The parties understand that additional information relevant to sentencing, including additional drug quantities, may be developed and attributed to the Defendant for sentencing purposes. RONALD A. PARSONS, JR. United States Attorney Date Llen?r?fa" D./Mammenga Assist United State ttorney P.O. Box 2638 Sioux Falls, SD 57101-2638 Telephone: (605)357-2361 Facsimile: (605)330?4410 E?Mail: jennifer.mammenga@usdoj.gov Case Document 58 Filed 07/10/19 Page 3 of 3 PageID 120 7.9 Date Date David Brandon Defendant Raleigh Hansman Attorney for Defendant