13. At the time of sentencing, the government will move the Court pursuant to guideline 5K1.1 to depart from the applicable sentencing guideline range, and to impose the specific sentence agreed to by the parties as outlined in paragraph 14 herein. The defendant understands that the decision to depart from the applicable guideline range rests solely with the Court.
The defendant understands that the provisions of this paragraph govern the sentencing recommendation only during the Rule 32 (or initial) sentencing proceeding, and do not apply or limit the government in the event the defendant subsequently moves to reduce or modify his sentence.
14. Pursuant to Federal Rules of Criminal Procedure 11(e)(1)(c), the government and the defendant agree that a specific sentence of incarceration in a penal institution for a term of three years and a term of supervised release of four years is the appropriate disposition of this case. It is understood by the parties that the sentencing judge is neither a party to nor bound by this agreement. In the event the court rejects this agreement, it shall become null and void, neither party shall be bound thereto and the defendant shall have the opportunity to withdraw his plea.
15. Defendant and his attorney acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in this agreement, to cause defendant to plead guilty. Defendant understands that his compliance with each part of this plea agreement extends throughout and beyond the period of his sentence, and failure to abide by any term of the plea agreement is a violation of the agreement rendering it null and void. Defendant further agrees this plea agreement shall be filed and become a part of the record in this case.
16. After sentence has been imposed on the count to which defendant pleads guilty as agreed herein, the government will move to dismiss the remaining count of the indictment.
17. Should the judge refuse to accept the defendant's plea of guilty, this agreement shall become null and void and neither party will be bound thereto.
AGREED THIS DATE: July 5, 1988 a
ANTON R. VALUKAS
United States Attorney
MICHAEL T. MULLEN
Assistant United States Attorney
Attorney for Defendant
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT of ILLINOIS EASTERN DIVISION
UNITED STATES of AMERICA v. KENNETH WALLENDORF
No. 87 CR 939 - 4
Docketed August 19, 1988
Under the plea agreement, in this case, defendant Kenneth Wallendorf agreed to be sentenced to a four-year period of supervised release following the actual time served on an agreed three-year sentence to the custody of the Attorney General. On July 29, 1988 this Court imposed a sentence in accordance with that agreement. However, because the guilty plea related only to Count One (a conspiracy count under 21 U.S.C. § 846), the maximum period of supervised release that could be imposed as of the date of defendant's commission of the offense was three years (see 18 U.S.C. § 3583(a) and 3583(b)(1), the latter section having since been modified to allow a five-year supervised release term).
This Court, acting sua sponte, therefore reduces the portion of defendant's sentence requiring a supervised release term from four years to three years.
August 17, 1988
Judge MILTON I. SHADUR