Case 1:14-cr-00135-TSE Document 617 Filed 08/03/23 Page 1 of 16 PageID# 3280

FILED
IN OPEN COURT

AUe - 32023
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA CLERK^U.S. DISTRICT COURT
ALi^XvANDRIA, VIRGIi'.IA
Alexandria Division

UNITED STATES OF AMERICA

V. Criminal No. 1:14-CR-I35(TSE)

MARIO ROJEL URBINA MIRANDA,

a.k.a."MRU,"

Defendant.

PLEA AGREEMENT

Jessica D. Aber, United States Attorney for the Eastern District of Virginia; undersigned

counsel for the United States; the defendant, Mario Rojel Urbina Miranda, a.k.a."MRU"; and

the defendant's counsel have entered into an agreement pursuant to Rule 11 of the Federal Rules

of Criminal Procedure. The terms of this Plea Agreement are as follows:

1. Offense and Maximum Penalties

The defendant agrees to plead guilty to Count Two of the Superseding Indictment

charging the defendant with Conspiracy to Distribute Five Kilograms or More of Cocaine

Knowing and Intending that it will be Unlawfully Imported into the United States, in violation of

21 U.S.C. §§ 959(a), 963. The maximum penalties for this offense are: a mandatory minimum

term of imprisonment of ten years, a maximum term of 1 ife imprisonment, a fine of $10,000,000,

forfeiture of assets as outlined below, any special assessment pursuant to 18 U.S.C. § 3103(a)(2),

and a supervised release term of at least five years.

The defendant understands that any supervised release term is in addition to any prison

term the defendant may receive, and that a violation of a term of supervised release could result

in the defendant being returned to prison for the full term of supervised release.
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2. Detention Pending Sentencing

The defendant understands that this case is governed by 18 U.S.C. §§ 3143(a)(2) and

3145(c). These provisions provide that a judicial officer shall order that a person who has been

found guilty of an offense ofthis kind be detained unless there are statutory justifications why

such person's detention would not be appropriate.

3. Factual Basis for the Flea

The defendant will plead guilty because the defendant is in fact guilty ofthe charged

offense. The defendant admits the facts set forth in the Statement of Facts filed with this Plea

Agreement and agrees that those facts establish guilt ofthe offense charged beyond a reasonable

doubt. The Statement of Facts, which is hereby incorporated into this Plea Agreement,

constitutes a stipulation offacts for purposes of Section IB 1.2(c) ofthe Sentencing Guidelines.

4. Assistance and Advice of Counsel

The defendant is satisfied that the defendant's attorney has rendered effective assistance.

The defendant understands that by entering into this Plea Agreement, defendant surrenders

certain rights as provided in this agreement. The defendant understands that the rights of

criminal defendants include the following:

a. the right to plead not guilty and to persist in that plea;

b. the right to a jury trial;

c. the right to be represented by counsel—and, if necessary, have the court

appoint counsel—^at trial and at every other stage ofthe proceedings; and

d. the right at trial to confront and cross-examine adverse witnesses, to be

protected from compelled self-incrimination, to testify and present
evidence, and to compel the attendance of witnesses.
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5. Sentencing Guidelines, Recommendations,and Roles

The defendant understands that the Court has jurisdiction and authority to impose any

sentence within the statutory maximum described above, but that the Court will determine the

defendant's actual sentence in accordance with 18 U.S.C. § 3553(a). The defendant understands

that the Court has not yet determined a sentence and that any estimate of the advisory sentencing

range under the U.S. Sentencing Commission's Sentencing Guidelines Manual the defendant

may have received from the defendant's counsel, the United States, or the Probation Office, is a

prediction, not a promise, and is not binding on the United States, the Probation Office, or the

Court. Additionally, pursuant to the Supreme Court's decision in United States v. Booker^ 543

U.S. 220(2005),the Court, after considering the factors set forth in 18 U.S.C. § 3553(a), may

impose a sentence above or below the advisory sentencing range, subject only to review by

higher courts for reasonableness. The United States makes no promise or representation

concerning what sentence the defendant will receive, and the defendant cannot withdraw a guilty

plea based upon the actual sentence.

Further, in accordance with Federal Rule of Criminal Procedure 11(c)(1)(B), the United

States and the defendant stipulate and will recommend to the Court that the following provisions

ofthe Sentencing Guidelines apply:

a. Pursuant to Section 2D 1.1(c) of the Sentencing Guidelines, relating to Drug

Quantity, with respect to Count Two,the defendant was personally involved in the

distribution of, or it was reasonably foreseeable to the defendant that his co-

conspirators distributed or conspired to distribute in furtherance ofthe conspiracy,

at least 450 kilograms of cocaine(Base Offense Level 38).

b. Pursuant to Section 2D 1.1(b)(1), a dangerous weapon was possessed.

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c. Pursuant to Section 2D 1.1(b)(2), the defendant used violence, made a credible

threat to use violence, or directed the use of violence.

d. Pursuant to Section 2Dl.l(b)(16)(C), the defendant was directly involved in the

importation of a controlled substance (cocaine).

e. Pursuant to Section 3B1.1(a),the defendant was an organizer or leader ofa criminal

activity that involved five or more participants or was otherwise extensive.

f. The government agrees to cap its sentencing recommendation at 312 months.

The United States and the defendant further agree that the defendant has assisted the

government in the investigation and prosecution of the defendant's own misconduct by timely

notifying authorities ofthe defendant's intention to enter a plea of guilty, thereby permitting the

government to avoid preparing for trial and permitting the government and the Court to allocate

their resources efficiently. If the defendant qualifies for a two-level decrease in offense level

pursuant to U.S.S.G. § 3E1.1(a)and the offense level prior to the operation ofthat section is a

level 16 or greater, the government agrees to file, pursuant to U.S.S.G. § 3El.l(b), a motion prior

to, or at the time of, sentencing for an additional one-level decrease in the defendant's offense

level.

The United States and the defendant have not agreed on any further sentencing issues,

whether related to the Sentencing Guidelines or the factors listed in 18 U.S.C. § 3553(a), other

than those set forth above or elsewhere in this Plea Agreement. Any stipulation on a Guidelines

provision does not limit the parties' arguments as to any other Guidelines provisions or

sentencing factors under Section 3553(a), including arguments for a sentence within or outside

the advisory Guidelines range found by the Court at sentencing.

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6. Waiver of Appeal,FOIA,and Privacy Act Rights

The defendant also understands that 18 U.S.C. § 3742 affords a defendant the right to

appeal the sentence imposed. Nonetheless,the defendant knowingly waives the right to appeal

the conviction and any sentence within the statutory maximum described above (or the manner in

which that sentence was determined) on the grounds set forth in 18 U.S.C. § 3742 or on any

ground whatsoever other than an ineffective assistance ofcounsel claim that is cognizable on

direct appeal, in exchange for the concessions made by the United States in this Plea Agreement.

This agreement does not affect the rights or obligations ofthe United States as set forth in 18

U.S.C. § 3742(b). The defendant also hereby waives all rights, whether asserted directly or by a

representative, to request or receive from any department or agency ofthe United States any

records pertaining to the investigation or prosecution ofthis case, including without limitation

any records that may be sought under the Freedom of Information Act,5 U.S.C. § 552,or the

Privacy Act, 5 U.S.C. § 552a.

7. Immunity from Further Prosecution in This District

The United States will not further criminally prosecute the defendant in the Eastern

District of Virginia for the specific conduct described in the Superseding Indictment or

Statement of Facts, except that the United States may prosecute the defendant for any crime of

violence or conspiracy to commit, or aiding and abetting, a crime of violence not charged in the

Superseding Indictment as an offense. In such a prosecution, the United States may allege and

prove conduct described in the Superseding Indictment or Statement of Facts. "Crime of

violence" has the meaning set forth in 18 U.S.C. § 16.

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8. Dismissal of Other Counts

As a condition of the execution of this agreement and the Court's acceptance ofthe

defendant's plea of guilty, the United States will move to dismiss the remaining counts pending

against this defendant at the conclusion ofthis defendant's sentencing hearing.

9. Payment of Monetary Penalties

The defendant understands and agrees that, pursuant to 18 U.S.C. § 3613 and 18 U.S.C.

§ 3572, all monetary penalties imposed by the Court, including restitution, will be due

immediately and subject to immediate enforcement by the United States as provided for in

Section 3613. Ifthe Court imposes a schedule of payments, the defendant understands that the

schedule of payments is merely a minimum schedule of payments and not the only method, nor a

limitation on the methods, available to the United States to enforce the Judgment. Until all

monetary penalties are paid in full, the defendant will be referred to the Treasury Offset Program

so that any federal payment or transfer of returned property to the defendant will be offset and

applied to pay the defendant's unpaid monetary penalties. If the defendant is incarcerated, the

defendant agrees to participate voluntarily in the Bureau of Prisons' Inmate Financial

Responsibility Program, regardless of whether the Court specifically directs participation or

imposes a schedule of payments. Defendant agrees to make good-faith efforts toward payment

of all monetary penalties imposed by the Court.

10. Special Assessment

Before sentencing in this case, the defendant agrees to pay a mandatory special assessment

of$100 per felony count of conviction, pursuant to 18 U.S.C. § 3013(a)(2)(A).

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11. Forfeiture Agreement

The defendant understands that the forfeiture of assets is part of the sentence that must be

imposed in this case. The defendant agrees to forfeit all interests in any drug-related asset that

the defendant owns or over which the defendant exercises control, directly or indirectly. This

includes any property that is traceable to, derived from, fungible with, or a substitute for the

following: property that constitutes the proceeds of the offense, property facilitating the offense,

and any firearm or ammunition used in or involved in the offense.

The defendant understands that if the assets subject to forfeiture are not available to the

United States to be forfeited, the Court must enter a forfeiture money Judgment in the amount of

the unavailable assets. United States v. Blackman, 746 F.3d 137(4th Cir. 2014).

The defendant further agrees to waive all interest in the asset(s) in any administrative or

judicial forfeiture proceeding, whether criminal or civil, state or federal. The defendant agrees to

consent to the entry of orders of forfeiture for such property and waives the requirements of

Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the

charging instrument, announcement of the forfeiture at sentencing, and incorporation of the

forfeiture in the judgment. Defendant admits and agrees that the conduct described in the

charging instrument and Statement of Facts provides a sufficient factual and statutory basis for

the forfeiture of the property sought by the government.

12. Waiver of Further Review of Forfeiture

The defendant further agrees to waive all constitutional and statutory challenges to

forfeiture in any manner (including direct appeal, habeas corpus, or any other means)to any

forfeiture carried out in accordance with this Plea Agreement on any grounds, including that the

forfeiture constitutes an excessive fine or punishment. The defendant also waives any failure by
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the Court to advise the defendant of any applicable forfeiture at the time the guilty plea is

accepted as required by Rule 1 l(b)(l)(J). The defendant agrees to take all steps as requested by

the United States to pass clear title to forfeitable assets to the United States, and to testify

truthfully in any judicial forfeiture proceeding. The defendant understands and agrees that all

property covered by this agreement is subject to forfeiture as proceeds of illegal conduct,

property facilitating the offense, property used or involved in the offense, and a substitute for any

ofthe foregoing.

13. The Defendant's Obligations Regarding Assets and Financial Investigation

The defendant agrees to fully participate in the United States' pre- and post-judgment

financial investigation. Such participation includes the identification of assets in which the

defendant has any legal or equitable interest to determine what assets may be available for

payment to restitution, forfeiture, and/or any fine imposed in this case. The defendant agrees that

the defendant's financial information is subject to investigation and disclosure pre-judgment to

the same extent as financial information will be subject to discovery after judgment is imposed.

The defendant understands that 31 U.S.C. § 3711(h)(1) permits the United States to obtain the

defendant's credit report after sentencing and expressly authorizes the United States to obtain the

defendant's credit report prior to sentencing in this case. The defendant understands that the

United States has sole discretion over whether it will obtain defendant's credit report pursuant to

this Plea Agreement. If the United States determines that it will obtain defendant's credit report

prior to sentencing pursuant to this Plea Agreement, the defendant authorizes the United States,
and the United States agrees, to provide a copy to defense counsel upon request. The defendant

understands that failure to participate in the financial investigation as described in this paragraph

may constitute the defendant's failure to accept responsibility under U.S.S.G § 3E1.1.
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Within 14 days of a request by the United States, or other deadline agreed upon by the

parties, the defendant agrees to provide all information about all ofthe defendant's assets and

financial interests to the United States and the Probation Office and, if requested, submit to a

debtor's examination, complete a financial disclosure statement under penalty of perjury, and/or

undergo any polygraph examination the United States may choose to administer concerning such

assets and financial interests. The defendant also agrees to provide or consent to the release of

the defendant's tax returns for the previous five years. The defendant understands that assets and

financial interests subject to disclosure include assets owned or held directly or indirectly,

individually or jointly, in which the defendant has any legal interests, regardless of title,

including any interest held or owned under any other name,trusts, and/or business entities

presently and since date of the first offense giving rise to this Plea Agreement, or giving rise to

the charges presently pending against the defendant, whichever is earlier.

The defendant shall identify all assets valued at more than $5,000 that have been

transferred to third parties since the date ofthe first offense giving rise to this Plea Agreement,

including the location ofthe assets and the identities of third parties to whom they were

transferred. The defendant agrees not to transfer any assets valued at more than $5,000 without

approval ofthe Asset Recovery Unit ofthe U.S. Attorney's Office until the fine, forfeiture, and

restitution ordered by the Court at sentencing are paid in full or otherwise terminated by

operation of law. The defendant agrees to take all steps requested by the United States to obtain

from any other parties by any lawful means any records of assets contemplated by this paragraph

in which the defendant has or had an interest. Until the fine, forfeiture, and restitution ordered

by the Court are paid in full or otherwise terminated by operation of law,the defendant agrees to
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notify the Asset Recovery Unit ofthe U.S. Attorney's Office of a change in address within 30

days of such change.

The United States will not use any truthful and complete information provided by the

defendant pursuant to this paragraph for additional criminal offenses against the defendant in the

Eastern District of Virginia, except in any prosecution for a crime of violence or conspiracy to

commit, or aiding and abetting, a crime of violence (as defined in 18 U.S.C. § 16). Pursuant to

U.S.S.G. § IBl.8, no truthful information that the defendant provides pursuant to defendant's

obligations under this paragraph will be used in determining the applicable guideline range,

except as provided in Section IB 1.8(b). Nothing in this agreement, however, restricts the

Court's or Probation Officer's access to information and records in the possession ofthe United

States. Furthermore, nothing in this agreement prevents the United States in any way from

prosecuting the defendant should the defendant knowingly provide false, untruthful, or

perjurious information or testimony, or from using information provided by the defendant in

furtherance of any forfeiture action or restitution enforcement action, whether criminal or civil,

administrative or judicial.

14. Impact of Guilty Plea on Immigration or Citizenship Status

The defendant recognizes that pleading guilty may have consequences for defendant's

immigration status given that the defendant is not a citizen of the United States. Under federal

law, a broad range of crimes are removable offenses, including offenses that qualify as

aggravated felonies, crimes involving moral turpitude, and conduct involving controlled

substances and firearms, among many other categories of criminal activity. Indeed, the

defendant's guilty plea to and conviction for Count Two ofthe Superseding Indictment

(conspiracy to import 5 kilograms or more of cocaine, in violation of Title 21, United States

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Code, Sections 959(a) and 963) make it such that removal is presumptively mandatory. Because

removal, denaturalization, and other immigration consequences are the subjects of a separate

proceeding, defendant understands that no one, including the defendant's attorney, the U.S.

Attorney's Office, or the U.S. District Court, can predict to a certainty the effect ofthe

defendant's conviction on the defendant's immigration or citizenship status. The defendant

nevertheless affirms that the defendant knowingly and voluntarily agrees to plead guilty

regardless of any present or future immigration consequences that the defendant's plea may

entail, even if the consequence is the defendant's automatic removal from the United States.

15. Consent Given for Removal from the United States

The defendant acknowledges that the defendant is removable from the United States and

agrees not to contest any removal proceedings brought against the defendant by the U.S.

Department of Homeland Security(DHS). Ifthe DHS files a Notice to Appear or other

administrative charging document against the defendant, the defendant agrees to request an

expedited removal hearing and to consent to removal. The defendant acknowledges that by

consenting to removal,the defendant will be immediately removed from the United States upon

the completion of any period of incarceration. The defendant knowingly waives any and all

rights to appeal, reopen, reconsider, or otherwise challenge this removal.

16. Waiver of Rights Related to Removal from the United States

Except as provided in paragraph 17 below, the defendant agrees to waive the defendant's

rights to apply for any and all forms of relief or protection from removal, deportation, or

exclusion under the Immigration and Nationality Act(as amended)and related federal

regulations. These rights include, but are not limited to, the ability to apply for the following

forms of relief or protection from removal:(a) voluntary departure;(b)asylum;(c) withholding

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of deportation or removal;(d)cancellation ofremoval;(e)suspension of deportation;

(f) adjustment of status; and (g)protection under Article 3 ofthe Convention Against Torture.

As part ofthis Plea Agreement,the defendant specifically acknowledges and states that the

defendant has not been persecuted in, and has no present fear of persecution in, Honduras on

account of race, religion, nationality, membership in a particular social group or political

opinion. Similarly, the defendant further acknowledges and states that the defendant has not

been tortured in, and has no present fear oftorture in Honduras.

17. Exception for Changed Circumstances Arising After Plea

Nothing in this Plea Agreement shall prohibit the defendant from applying for asylum,

withholding of removal, or protection under Article 3 ofthe Convention Against Torture,

provided the application is based solely on changed circumstances arising after the entry ofthis

plea but before the defendant's removal.

18. Abandonment of Pending Applications for Relieffrom Removal

The defendant agrees that upon entry of this Plea Agreement, the defendant abandons

(1)any existing immigration benefit the defendant may hold; and(2)any application for relief

from removal, deportation, or exclusion the defendant may have filed prior to the completion of

this Plea Agreement. The defendant further agrees not to file or prosecute any application for

relieffrom removal, deportation, or exclusion, either written or oral, before any federal court, the

Board of Immigration Appeals, an immigration judge, or the DHS,prior to the defendant's

removal from the United States, except that the defendant may apply for asylum, withholding of

removal, or protection under Article 3 of the Convention Against Torture as provided in

paragraph 17 ofthis Plea Agreement.

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19. The Defendant's Cooperation in the Defendant's Removal

The defendant agrees to assist the DHS in the execution ofthe defendant's removal.

Specifically, the defendant agrees to assist the DHS in the procurement of any travel or other

documents necessary for the defendant's removal; to meet with and to cooperate with

representatives of the country or countries to which the defendant's removal is directed; and to

execute those forms, applications, or waivers needed to execute or expedite the defendant's

removal. The defendant further understands that the defendant's failure or refusal to assist the

DHS in the execution ofthe defendant's removal shall breach this Plea Agreement and may

subject the defendant to criminal penalties under 8 U.S.C. § 1253.

20. Plea Agreement Binding for Purposes of Removal Proceedings

The defendant agrees that the defendant intends the agreements contained in this Plea

Agreement to be binding upon the defendant during any removal proceeding that may be

instituted against the defendant as a result of this Plea Agreement. In particular, the defendant

acknowledges and agrees that the agreements concerning removal contained in this Plea

Agreement were entered into by the defendant and the United States with the express

understanding that the agreements are binding for purposes of any future removal proceeding

before the Board of Immigration Appeals, an immigration judge, or the DHS.

21. Breach of the Plea Agreement and Remedies

This Plea Agreement is effective when signed by the defendant, the defendant's attorney,

and an attorney for the United States. The defendant agrees to entry of this Plea Agreement at

the date and time scheduled with the Court by the United States (in consultation with the

defendant's attorney). Ifthe defendant withdraws from this agreement, or commits or attempts

to commit any additional federal, state, or local crimes, or intentionally gives materially false.

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incomplete, or misleading testimony or information, or otherwise violates any provision ofthis

agreement, then:

a. The United States will be released from its obligations under this
agreement. The defendant, however, may not withdraw the guilty plea
entered pursuant to this agreement.

b. The defendant will be subject to prosecution for any federal criminal

violation, including, but not limited to, perjury and obstruction ofjustice,
that is not time-barred by the applicable statute of limitations on the date
this agreement is signed. Notwithstanding the subsequent expiration of
the statute of limitations, in any such prosecution, the defendant agrees to
waive any statute-of-limitations defense.

c. Any prosecution, including the prosecution that is the subject ofthis

agreement, may be premised upon any information provided, or
statements made, by the defendant, and all such information, statements,
and leads derived therefrom may be used against the defendant. The
defendant waives any right to claim that statements made before or after
the date ofthis agreement, including the Statement of Facts accompanying
this agreement or adopted by the defendant and any other statements made
pursuant to this or any other agreement with the United States, should be
excluded or suppressed under Fed. R. Evid. 410, Fed. R. Crim. P. 11(f),
the Sentencing Guidelines, or any other provision ofthe Constitution or
federal law.

Any alleged breach ofthis agreement by either party shall be determined by the Court in

an appropriate proceeding at which the defendant's disclosures and documentary evidence shall

be admissible and at which the moving party shall be required to establish a breach ofthis Plea

Agreement by a preponderance ofthe evidence.

22. Nature of the Agreement and Modifications

This written agreement constitutes the complete plea agreement between the United

States, the defendant, and the defendant's counsel. The defendant and the defendant's attorney

acknowledge that no threats, promises, or representations have been made, nor agreements

reached, other than those set forth in writing in this Plea Agreement or any associated documents

filed with the Court,to cause the defendant to plead guilty. Any modification ofthis Plea

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Agreement shall be valid only as set forth in writing in a supplemental or revised plea agreement

signed by all parties.

Jessica D. Aber
United States Attorney

By: ^
Bibeane Metsch
Assistant United States Attorney

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Defendant's Signature: I hereby agree that I have consulted with my attorney and fully
understand all rights with respect to the pending criminal Superseding Indictment. Further,I
fully understand all rights with respect to 18 U.S.C. § 3553 and the provisions ofthe Sentencing
Guidelines Manual that may apply in my case. I have read this Plea Agreement and carefully
reviewed every part ofit with my attorney. I understand this agreement and voluntarily agree to
it.

Date: 9 ■ ? - T'?
Mario Rojel Urbina Miranda

Defense Counsel's Signature: I am counsel for the defendant in this case. I have fully
explained to the defendant the defendant's rights with respect to the pending Superseding
Indictment. Further,I have reviewed 18 U.S.C. § 3553 and the Sentencing Guidelines Manual,
and I have fully explained to the defendant the provisions that may apply in this case. I have
carefully reviewed every part ofthis Plea Agreement with the defendant. To my knowledge,the
defendant's decision to enter into this agreement is an informed and voluntary one.

Date:
*aujfette Ragam
Counsel fmTne Defendant

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