Misdemeanor Plea Petition

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 (Misdemeanor) 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 Information before being called upon to plead, have read and discussed it with my lawyer, and believe and feel that I understand every accusation made against me in the Information. (4) I have had sufficient opportunity to discuss with my lawyer the facts and surrounding circumstances concerning the matters mentioned in the Information. 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 misdemeanor offenses with which I am charged is, a. as to Count(s)_______: i. not more than one year imprisonment, ii. restitution of $_____________________, iii. a fine of up to $100,000, iv. a mandatory special assessment of $25.00, and v. a term of supervised release of not more than one year, in addition to such term of imprisonment. American LegalNet, Inc. www.FormsWorkFlow.com b. as to Count(s)_______: i. not more than one year imprisonment, ii. restitution of $_____________________, iii. a fine of up to $100,000, iv. a mandatory special assessment of $25.00, and v. a term of supervised release of not more than one year, in addition to such term of imprisonment. c. as to Count(s)_______: i. not more than one year imprisonment, ii. restitution of $______________________, iii. a fine of up to $100,000, iv. a mandatory special assessment of $25.00, and v. a term of supervised release of not more than one year, in addition to such term of imprisonment. d. as to Count(s)_______: i. not more than one year imprisonment, ii. restitution of $______________________, iii. a fine of up to $100,000, iv. a mandatory special assessment of $25.00, and v. a term of supervised release of not more than one year, in addition to such term of imprisonment. 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 in 18 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 an appeal 2 American LegalNet, Inc. www.FormsWorkFlow.com of my sentence under Rule 58(g) of the Federal Rules of Criminal Procedure unless waived in the plea agreement. (7) I understand that I am not eligible for a sentence of probation if I receive any sentence of imprisonment. 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 vest until the end of each year. I further understand that if I am sentenced to a period of supervised release and I violate the terms of that supervised release, upon revocation I could be imprisoned again. (8) I understand that should this plea of guilty be accepted, I will have a criminal conviction in the eyes of the law for the rest of my life. This means, under present law, that (a) If I am presently on probation, parole, or supervised release, whether state or federal, the fact that I have been convicted may be used to revoke my probation, parole or supervised release regardless of what sentence I receive on this case; (b) If I am convicted of any crime in the future, whether state or federal, this conviction may be used to increase that sentence; (c) I may have to disclose the fact that I have a conviction when applying for employment and such disclosure may result in my not getting some jobs and having difficulty in getting others. [If I have been convicted of certain drug offenses, my conviction may result in my losing entitlement to certain federal benefits pursuant to the Anti-Drug Abuse Act of 1988.] I understand that this list may not include all of the adverse consequences of my conviction in this case. (9) I understand that I can plead "NOT GUILTY" to any or all offenses charged against me, and continue to plead "NOT GUILTY", and that if I choose to plead not guilty, the Constitution guarantees me (a) the right to a speedy and public trial by jury; (b) the right not to testify and no implication of guilt would arise by my failure to do so; (c) the right to be presumed innocent until such time, if ever, that the