Last updated: 7/6/2012
Petition To Enter Plea Of Guilty
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Description
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE _________________ DIVISION UNITED STATES OF AMERICA ) ) ) ) ) ) ) v. No. ________________ (Judge _____________________) _______________________________ PETITION TO ENTER A PLEA OF GUILTY I, _______________________________, respectfully represent to the Court as follows: (1) My true full name is ______________________________ . I was born in _______________________ and I am_____ years old and completed _______ years of formal education. (2) My retained___ appointed___ lawyer is _________________________________. (3) I have received a copy of the ____________________ before being called upon to plead and have read and discussed it with my lawyer, and believe and feel that I understand every accusation made against me in the _________________________. (4) I have had sufficient opportunity to discuss with my lawyer the facts and surrounding circumstances concerning the matters mentioned in the ___________________. My lawyer has counseled and advised with me as to the nature and cause of every accusation against me. We have thoroughly discussed the government's case against me and my potential defenses to the government's case. My lawyer has explained each element of the crime charged to me and what the government would offer to prove these elements beyond a reasonable doubt. (5) I understand that the statutory penalty for each of the offenses with which I am charged is, a. as to Count(s)_______: i. not [less than ____ or] more than ____ years imprisonment, ii. restitution of $________________________, iii. a fine of up to $______________________, iv. a mandatory $100 special assessment, and v. a term of supervised release of [not less than ____ and] not more than ___ years in addition to such term of imprisonment. American LegalNet, Inc. www.FormsWorkFlow.com b. as to Count(s)_______: i. not [less than ____ or] more than ____ years imprisonment, ii. restitution of $_______________________, iii. a fine of up to $______________________, iv. a mandatory $100 special assessment, and v. a term of supervised release of [not less than ____ and] not more than ____ years in addition to such term of imprisonment. c. as to Count(s)_______: i. not [less than ____ or] more than ____ years imprisonment, ii. restitution of $_______________________, iii. a fine of up to $______________________, iv. a mandatory $100 special assessment, and v. a term of supervised release of [not less than ____ and] not more than ____ years in addition to such term of imprisonment. Any additional counts are listed on Page 2a. I understand that terms of imprisonment for convictions on more than one count may be ordered to run concurrently or consecutively with each other [and that a sentence on Count ___ would be required to run consecutively with a sentence on Count ___]. (6) I have been advised that I will be sentenced to a sentence sufficient but not greater than necessary to satisfy the goals of sentencing specified in18 U.S.C. § 3553(a). One consideration will be Guidelines established by the United States Sentencing Commission. I understand that these Guidelines are advisory, but that the Court must take account of the Guidelines together with other sentencing goals. My lawyer and I have discussed the calculation of the Guidelines in my case. My lawyer has given me an estimate of the Guidelines range that may apply in my case. I realize that this is simply my lawyer's estimate. I understand that my advisory Guideline range will be calculated by the United States Probation Officer who prepares the presentence report in my case. This estimation is subject to challenge by either me or the government, unless prohibited by a plea agreement. The final Guideline calculation will be made by the Court. I further understand that I may be sentenced to a fine to be calculated through the Guidelines. No fine will be imposed if the Judge finds me unable to pay any fine. Considered in this fine may be the amount of financial loss to the victim or gain to me as well as the costs of any confinement or probation supervision. The Court may also order that restitution be made to any victim of the offense. [If I am convicted of any offense specified in 18 U.S.C. § 3663A(c), or as otherwise required by law, restitution is mandatory.] I have a right to a review of my sentence by the United States Court of Appeals for the Sixth Circuit unless waived in the plea agreement. (7) I understand that, under 18 U.S.C. § 3561(a), I am not eligible for a sentence of probation if I receive any sentence of imprisonment at the same time on this offense or any other offense, or am convicted of a Class A or Class B felony, or the offense is one for which probation is expressly prohibited. I have been informed that under the present federal sentencing system there is no parole. I will receive only 54 days good time credit per year and it will not 2 American LegalNet, Inc. www.FormsWorkFlow.com __. as to Counts(s)____: i. not [less than ____ or] more than ____ years imprisonment, ii. restitution of $ _____________________, iii. a fine of up to $__________________, iv. a mandatory $100 special assessment, and v. a term of supervised release of [not less than ________ and] not more than __________ years in addition to such term of imprisonment. __. as to Counts(s)____: i. not [less than ____ or] more than ____ years imprisonment, ii. restitution of $ _____________________, iii. a fine of up to $_________________, iv. a mandatory $100 special assessment, and v. a term of supervised release of [not less than _______ and] not more than _______ years in addition to such term of imprisonment. __. as to Counts(s)____: i. not [less than ____ or] more than ____ years imprisonment, ii. restitution of $____________________, iii. a fine of up to $________________, iv. a mandatory $100 special assessment, and v. a term of supervised release of [not less than ______ and] not more than _______ years in addition to such term of imprisonment. Misdemeanor Counts __. as to Count(s)_______: i. not more than one year imprisonment, ii. restitution of $_____________________, iii. a fine of up to $100,000, and iv. a mandatory special assessment of $25.00, and v. a term of supervisory release of not more than one year. __. as to Count(s)_______: i. not more than one year imprisonment, ii. restitution of $_____________________, iii. a fine of up to $100,000, and iv. a mandatory special assessment of $25.00, and