VARIAN SLAPP terrorist's PLEA AGREEMENT
"I, Cameron Moore, and the United States Attorney’s Office for the Northern District of California (hereafter “the government”) enter into this written plea agreement (the “Agreement”) pursuant to Rule 11©(1)(B) and of the Federal Rules of Criminal Procedure:
The Defendant’s Promises
1. I agree to plead guilty to the captioned information charging me with intentional harassment to dissuade another person from assisting a criminal prosecution and proceeding, in violation of 18 U.S.C. § 1512(d)(4). I agree that the elements of the offense and the maximum penalties are as follows:
ELEMENTS
(1) I intentionally harassed Michelangelo Delfino;
(2) Michelangelo Delfino was a person in a position to assist the United States in a criminal prosecution;
(3) I harassed Delfino knowingly and willfully with the intent to hinder, delay, and dissuade Delfino from assisting in a criminal prosecution or proceeding.
PENALTIES
a. Maximum prison sentence One year
b. Maximum fine $100,000
c. Maximum supervised release term One year
d. Mandatory special assessment $25
e. Restitution To be determined by the Court
2. I agree that I am guilty of the offense to which I will plead guilty, and I agree that the following facts are true:
On November 22, 2002, I posted a message on a Yahoo! Message Board for Varian Medical Systems. The message was directed to Michaelangelo Delfino, and made references to Delfino lying and going to jail, and facing unpleasant consequences in jail. I knew when I posted this message that Delfino had provided information to law enforcement regarding statements I had made to Delfino on other occasions in prior postings and e-mails. I posted this message for the purpose of harassing Delfino, thereby dissuading him form pursuing the matter with law enforcement.
3. I agree to give up all rights that I would have if I chose to proceed to trial, including the rights to a jury trial with the assistance of an attorney; to confront and cross-examine government witnesses; to remain silent or testify; to move to suppress evidence or raise any other Fourth or Fifth Amendment claims; to any further discovery from the government; and to pursue any affirmative defenses and present defenses.
4. I agree to give up my right to appeal my conviction, the judgment, and orders of the Court. I also agree to waive any right I may have to appeal my sentence.
5. I agree not to file any collateral attack on my conviction or sentence, including a petition under 28 U.S.C. §2255, at any time in the future after I am sentenced, except for a claim that my constitutional right to the effective assistance of counsel was violated.
6. I agree not to ask the Court to withdraw my guilty plea at any time after it is entered.
7. I agree that the Sentencing Guidelines should be calculated as follows, and that I will not ask for any other adjustments to or reduction of the offense level: a. Base Offense Level, U.S.S.G. § 2J 1.2(a) 12
b. Acceptance of responsibility -2
c. Adjusted offense level 10
I understand that I am free to argue for a downward departure pursuant to U.S.S.G. § 5K2.10 based upon the victim’s wrongful conduct playing a significant role in provoking the offense. I further understand that the government is free to oppose a downward departure on that basis. I agree that no other downward departures are appropriate in this case, and will not argue for a downward departure on any other basis other than pursuant to § 5K2.10.
I agree that, regardless of any other provision in this agreement, the government may and will provide to the Court and the Probation Office all information relevant to the charged offenses or the sentencing decision. I also agree that the Court is not bound by the Sentencing Guidelines calculations above, the Court may conclude that a higher guideline range applies to me, and, if it does, I will not be entitled, nor will I ask, to withdraw my guilty plea.
8. In return for the government’s promises set out below, I agree to pay restitution for all the losses caused by all the schemes or offenses with which I was charged in this case, and I agree that the amount of restitution will not be limited to the loss attributable to the count to which I am pleading guilty, pursuant to 18 U.S.C. § 3663(a)(3). I agree that I will make a good faith effort to pay any fine, forfeiture, or restitution I am ordered to pay. Before or after sentencing, I will, upon request of the Court, the government, or the U.S. Probation Office, provide accurate and complete financial information, submit sworn statements and give depositions under oath concerning my assets and my ability to pay, surrender assets I obtained as a result of my crimes, and release funds and property under my control in order to pay any fine, forfeiture, or restitution. I agree to pay the special assessment at the time of sentencing.
9. I agree not to commit or attempt to commit any crimes before sentence is imposed or before I surrender to serve my sentence. I also agree not to violate the terms of my pretrial release (if any); intentionally provide false information to the Court, the Probation Office, Pretrial Services, or the government; or fail to comply with any of the other promises I have made in this Agreement. I agree that, if I fail to comply with any promises I have made in this Agreement, then the government will be released from all of its promises below, but I will not be released from my guilty plea.
10. I agree that this Agreement contains all of the promises and agreements between the government and me, and I will not claim otherwise in the future.
11. I agree that this Agreement binds the U.S. Attorney’s Office for the Northern District of California only, and does not bind any other federal, state, or local agency.
The Government’s Promises
12. The government agrees not to file or seek any additional charges against the defendant that could be filed as a result of the investigation that led to the captioned information.
13. The government agrees to recommend the Guidelines calculations set out above.
The Defendant’s Affirmations
14. I confirm that I have had adequate time to discuss this case, the evidence, and this Agreement with my attorney, and that he has provided me with all the legal advice that I requested.
15. I confirm that while I considered signing this Agreement, and at the time I signed it, I was not under the influence of any alcohol, drug, or medicine.
16. I confirm that my decision to enter a guilty plea is made knowing the charges that have been brought against me, any possible defenses, and the benefits and possible detriments of proceeding to trial. I also confirm that my decision to plead guilty is made voluntarily, and no one coerced or threatened me to enter into this agreement.
17. I confirm that I read this entire plea agreement with the assistance of an interpreter and in the presence of my attorney.
Dated: June 5, 2003
CAMERON MOORE
Defendant
KEVIN V. RYAN
United States Attorney
JEFFREY D. NEDROW
Assistant United States Attorney
I have fully explained to my client all the rights that a criminal defendant has and all the terms of this Agreement. In my opinion, my client understands all the terms of this Agreement and all the rights he is giving up by pleading guilty, and, based on the information now known to me, his decision to plead guilty is knowing and voluntary.
Dated: June 5, 2003
VICKI H. YOUNG
Attorney for Defendant"
Sentencing scheduled for September 11, 2003
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