devon townsend plea agreement by DOJ

VIEWS: 28 PAGES: 19

									          Case 1:07-cr-01363-WJ     Document 20      Filed 06/29/2007   Page 1 of 19

                                                                          ^r.lh.F,R
                              I-INITEDSTATESDISTRICTCOURT                   JUN g 2ss7
                                                                              2
                              FOR THE DISTRICTOF NEW MEX]CO MATTHEWJ.
                                                                    DYKMAN
                                                                             CLEFK
     UNITED STATESOF AMERICA,                  )
                                               )
                 Plaintiff,                    )

           vs.                                                       PT
                                                       cr.No.ot-ck-1363
     DEVON LYNN TOWNSEND,

                 Defendant.




                                    PLEAAGREEMENT

           Pursuant Rule I I, Fed.R. Crim.P.,theparties
                  to                                   notify the court of the following

                                    Attomey for the District of New Mexico, the
             betweenthe United States
     agleement

                                andtheDefendant's
             DEVON LYNN TOWNSEND,
     Defendant,                                        RAYMOND
                                                counsel,

     TWOHIG,ESQUIRE:

                              REPRESENTATIONBY COUNSEL

           L                                                              by
                             understands Defendant'sright to be represented an
                 The Defendant         the

                                                                           ofthis
                                 The Defendant thoroughlyreviewedall aspects
     attomeyand is so represented.           has

     case                                                                legal
                                                      with that attorney's
                            attorney is fully satisfred
         with the Defendant's      and

     representation.

                                RIGHTS OF THE DEFENDANT

           2.                                            rights:
                            furtherunderstands Defendant's
                 TheDefendant                the

                        to be charged and prosecutedby indictnent;




t.
     Case 1:07-cr-01363-WJ        Document 20      Filed 06/29/2007    Page 2 of 19



             b.     to plead not guilty, or having alreadyso pleaded,to persistin that
                    plea;

                    to have a trial by jury; and

             d.     at a trial:

                    1)                                       witnesses,
                                                       adverse
                             to confrontandcross-examine

                    2)       to be protected            self-incrimination,
                                           from compelled

                    3)                                                   own behalf,
                             to testifu andpresentevidence the Defendant's
                                                          on
                             and

                    4)              the                  for
                                               ofwitnesses the defense.
                            to compel attendance

                  WAIVER OF RIGHTS AND PLEA OF GUILTY

      3.                agrees waivethese
             TheDefendant    to          rightsandto pleadguilty to Counts1

through3 of the Information                                           is
                           filed in this matter.In Count1,the Defendant charged

                                                                       is
with Stalking, violationof 18U.S.C.$ 2261A(2XA).In Count2, the Defendant
             in

                        to                  in
                               communications, violationof l8 U.S.C.$
      with Unlawfulaccess Stored
charged

                                                    is      with
270l(a)(l) and(2) and(bX1XA). In Count3, theDefendant charged

Unauthorizedfixation of andtrafficking in soundrecordingsandmusic videosof live

musical          in                    Pursuant the Forfeiture
      performances, violationof 2319,4..      to                       in
                                                              allegation the

Information,as setforth in further detailbelow, the Defendantfurther agrees forfeit to
                                                                          to

the United States andall interestshemay havein any and all unauthorized
                 any                                                   audioand

               of           performances
visualrecordings live musical                              of
                                              withoutconsent the
                                       obtained

performers
         involved.
     Case 1:07-cr-01363-WJ        Document 20     Filed 06/29/2007   Page 3 of 19



                                        SENTENCING

      4.                  understands the maximumpenaltythe Court canimpose
              The Defendant         that

for each count of the Information is:

                                                                  A,
                                       violationof I 8 U.S.C.5 2261 the Stalking
                     For the Defendant's
                     statute:

                     l)     a termof imprisonment not morethan5 (five) years;
                                                of

                     2)     a fine not to exceed
                                               $250,000.00;

                     3)     a term of supervised   release not more than 3 (three)years
                                                           of
                            that must follow anyterm of imprisonment. (If the Defendant
                                                                            on
                            serves termof imprisonment, thenreleased supervised
                                   a                          is
                            release, violates conditions supervised
                                     and          the            of          release,the
                            Defendant's  supervised   release couldbe revoked-- evenon
                            the last day of the term  -- andthe Defendantcould thenbe
                                                                        and
                            retumedto anotherperiod of incarceration a new term of
                            supervised  release.);

                     4)                                    of        and
                                            penaltyassessment $100.00;
                                      special
                            a mandatory

                     5)     restitution maybe ordered the Courtpursuant law, 18
                                      as            by                to
                            U.S.C.$ 36634,andparagraphT this agreement.
                                                       of

             b.      In thecase theDefendant's
                               of                 violation l8 U.S.C. 2701(aXl)
                                                          of         $
                     and                                     to
                         (2) and(b)(l)(A), the Unlawfulaccess storedcommunications
                     statute:

                     l)     a term of imprisonment not morethan 5 (five) years;
                                                 of

                     2)     a fine not to exceed
                                               $250,000.00;

                     3)     a term of supervisedrelease not more than 3 (three)years
                                                       of
                            that must follow anyterm of imprisonment. (If the Defendant
                                                          is              on
                            serves termof imprisonment, thenreleased supervised
                                   a
                            release, violates conditions
                                    and         the           of supervised        the
                                                                            release,
                            Defendant's  supervisedrelease                 --
                                                          couldbe revoked evenon
     Case 1:07-cr-01363-WJ     Document 20      Filed 06/29/2007    Page 4 of 19



                         the last day of the term -- andthe Defendantcould thenbe
                         retumedto another    period of incarcerationand a new term of
                         supervised  release.);

                   4)                                             and
                                         penaltyassessment $100.00;
                                   special
                         a mandatory                    of

                   5)    restitutionasmay be orderedby the Court pursuantto law, 18
                         U.S.C. 36634,andparagaphT thisagreement.
                                 $                       of

            c.     For theDefendant's violationof 18U.S.C.$ 2319A,the
                   Unauthorizedfixation of andtrafficking in soundrecordingsstatute:

                   1)    a termof imprisonment not morethan5 (five) years;
                                             of

                   2)    a finenotto exceed
                                          $250,000.00;

                   3)    a termof supervised    releaseofnot morethan3 (three)years
                         that must follow anyterm of imprisonment. (If the Defendant
                                                                       on
                         sewes termof imprisonment, thenreleased supervised
                                a                         is
                         release, violates conditions supervised
                                  and          the           of          release,the
                         Defendant's  supervised         couldbe revoked
                                                   release               -' evenon
                         the last day of the term -- andthe Defendantcould thenbe
                         retumedto anotherperiod of incarceration  and a new term of
                         supervised  release.);

                   4)              special
                         a mandatory     penalty        of        and
                                                assessment $100.00;

                   5)    restitutionasmaybe orderedby the Court pursuantto law, 18
                         U.S.C. 3663A,andparagaph7 of this agreement'
                                 $

      5.    Theparties                              guidelines advisory,
                      recognize the federalsentencing
                              that                           are

but that the Court is requiredto considerthernin determiningthe sentence imposes.
                                                                       it

      6.                    reserves right to makeknown to the United States
            The United States      the

                                                               underRule32,
                                            leportto be prepared
        Office, for inclusionin thepresentence
Probation

                              the                maybe helpfulto theCourt,
                                          believes
Fed.R. Crim.P., anyinformation UnitedStates


                                         4
     Case 1:07-cr-01363-WJ      Document 20       Filed 06/29/2007    Page 5 of 19



includingbut not limitedto information                     underu.S.S.G.
                                                     conduct
                                      aboutanyrelevant

$ 181.3.

      7.     The Defendantagteesandacknowledges the Court is not limited to
                                              that

orderingrestitutiononly to the amountof the particularoffensesto which the Defendant

is enteringa plea of guilty, but may orderrestitutionto include all amountsresultingfrom

all of theDefendant's             related this case.
                    criminalconduct      to

                     DEFENDAI{T'S ADMISSION OF FACTS

      8.                admits the following facts:
             TheDefendant     to

             a.     By my signature this plea agreement, am acknowledging I
                                   on                 I                  that

am pleadingguilty because am,in fact, guilty of the offensesto which I am pleading
                        I

guilty. I recognizeandacceptresponsibilityfor my criminal conduct. Moreover,in

pleadingguilty, I acknowledge ifl choseto go to trial insteadof enteringthis guilty
                            that

                   couldprovefactssufficient establish guilt to all of the
plea,theUnitedStates                       to        my

                                                   doubt. I specifically admitthe
charges which I am pleadingguilty beyonda reasonable
      to

                     to                          underpenaltyofpefury that
                                against anddeclare
followingfactsrelated the charges     me,

all ofthesefactsaretrue andcorrect:

                    (l).   Fromon or aboutJanuary 2006throughon or about
                                                1,

November16,2006, BernalilloCountyin the State Districtof New Mexico,and
               in                            and

elsewhere, usedan interactivecomputerservice,anda facility of interstatecofilmerce'
         I

to engage a courseof conduct,described further detail in paragraphs through 19
         in                          in                           2


                                           5
     Case 1:07-cr-01363-WJ     Document 20      Filed 06/29/2007   Page 6 of 19



below,thatcaused
               substantial                             State, is, Mr.
                                dishess a person another
                        emotional     to        in          that

                                                             in         of
andMrs. chesterandTalindaBennington california. when I engaged the course
                                  in

                                                       with the intentto place
              below,I wasactingwith the intentto harass,
      described
conduct

undersurveillancewith the intent to harass, with the intent to cause
                                          and                       both of the

          substantial
Benningtons                dishess.
                   emotional

                   (2).                                              in
                          During the time frameof the eventsdescribed the

                             Januaryl, 2006throughapproximately
Information,from approximately                                 November16,

                               New Mexicoandworkingasan employee the
2006,I wasliving in Albuquerque,                               at

SandiaNational Laboratories(SNL) facility in Albuquerque. I worked asa tradesperson

at SNL in the TechnologyandManufacturinggroup. In thatjob, I often worked in a

securepart of the facility andhad access a terminalservernetwork which was
                                       to

                                                                    to
                                        computer homethatwasconnected
connected theInternet.I alsohada personal
        to                                     at

the Intemet.

                   (3).   I havebeena fan of the altemativeor nu metalbandLinkin

            Benningtonis the lead singerfor Linkin Park. Talinda Benningtonis
Park. Chester

Chester          wife. Chester TalindaBennington in the State
      Bennington's           and               live          of

California. I spenta lot of time on the IntemetlearningaboutChesterandTalinda

Bennington.

                   (4).                                      e-mailaddress
                                                      personal
                                           Bennington's
                          I foundout Chester

from a mass                               friendssentout informingtherecipients
           e-mailthatoneof Mr. Bennington's
     Case 1:07-cr-01363-WJ        Document 20     Filed 06/29/2007     Page 7 of 19



about an upcoming concert in which Mr. Bennington was going to perform. After I found

out ChesterBennington's e-mail address, useda computerlocatedin New Mexico with
                                      I

interactiveaccess the lnternet, and without authorization,gainedaccess a servef
                to                                                   to

locatedin the Stateof California at yahoo.com,an Internet Serviceprovider. Once I was

coffiected to yahoo.com,I was successfullyable to changethe passwordto Mr.

Bennington'sprivate e-mail account. Once I resetthe password,I was able to review and

downloadall of Mr. Bennington's private e-mail colrespondence his accountat
                                                            in

yahoo.com. I was also able to find out about Talinda Benninglon's e-mail addressfrom

accessing husband'saccount.
        her

                    (5).   Over the courseof severalmonths,I was able to accessall

sorts of private information about the Benningtons from their private e-mail accounts,

including:

                           (a).   family pictures of the Benningtons and their minor
                                  children;

                           (b).   correspondence  betweenWamer Brothers Recordsand
                                  the businessattomey for Linkin Park, including a copy
                                  ofa checkmadepayableto ChesterBenningtonfrom
                                  the record companyas well as a copy of the recording
                                  contract between Wamer Brothers Records and the
                                  membersof Linkin Park;

                           (c).   information about a new home purchase by the
                                  Benningtons which included such documents as a
                                  home inspectionreport, imagesof the home's interior,
                                  and other real estatedocuments;




                                            7
     Case 1:07-cr-01363-WJ     Document 20     Filed 06/29/2007     Page 8 of 19



                        (d).   information about the Benningtons' travel plans
                               including flight information and the name of motels
                               and hotels where the Benningtons had reservations;

                        (e).   a copy ofa dentalbill for Talinda Bennington;

                        (0.    information about the time and location of Mrs.
                               Bennington'schildbirth classes;

                        (e).   e-mail correspondenceconceming the whereabouts
                               and after school activities of the Benningtons' child;

                        (h).   information about purchasesthe Benningtons made for
                               their newborn child;

                        (il.   informationaboutthe schedule itinerary ofthe
                                                           and
                               members Linkin Park,including their itinerary for
                                        of
                               the Grammyawardsshow in20O6.

                 (6).                                   privatee-mail
                                  monitoring Benningtons'
                        By secretly         the

                                              assigned theBenningtons
correspondence, alsoableto leamprivatepasswords
             I was                                   to

which allowedme to access             information the Intemet. For example,
                        otherrestricted          on

usingtheBenningtons'
                   assigrred                        and
                           password, wasableto access download
                                   I                               of
                                                              copies

              wedding
theBenningtons'      pictures                  weddingphotographer's
                            from the Benningtons'

website.

                 (7).                                           withoutthe
                                              privateinformation,
                        By usingtheBennington's

                                 the                              with
                                              onlinebilling account
          knowledge, alsoactivated Bennington's
Benningtons'       I

              telephone
theBennington's                                           the    over
                             VerizonWireless'By activating account
                      company,

the Internet, wasthenableto obtainonlineaccess theBenningtons'
            I                                to                      bills.
                                                             telephone

For example, charged Count2 of the Information, or aboutMarch30, 2006,I
           as      in                         on
     Case 1:07-cr-01363-WJ      Document 20     Filed 06/29/2007    Page 9 of 19



                    without authorization Verizon Wirelesscomputersystem.I did
intentionallyaccessed                    the

                          that          Benningtonandby inputting Mr.
this by falselyrepresenting I was Chester

                              Mr.                              at
                                           onlinebilling account Verizon
           information activate Benninglon's
Bennington's          to

Wireless                     knowledge authorization. wasthenableto access
       withoutMr. Bennington's       or             I

anddownloadthe entire contents oneof the Benningtons'monthly Verizon Wireless
                              of

telephonebills, which were storedin an electronicformat on the Verizon Wireless

                                                        in
computersystem. I understand Verizon Wirelessdoesbusiness interstate
                           that

corrmerceandthat the companyusesthe Internet,which is connected interstate
                                                              to          wires,

to sendbills in an electronicformat in interstatecornmerce its customers.I obtained
                                                         to

      of             telephone to furthermy stalkingactivities.
copies theBenningtons'       bills

                   (8).   By reviewing Benningtons'
                                      the                 bills, I wasableto
                                                  telephone

                      of                         and                By
                                                           associates.
                                     acquaintances, business
                numbers their friends,
leamthe telephone

setting the onlineVerizonaccount, wasalsoableto listento all of theBenninglons'
       up                       I

                 left                      service.
                                   answering
voicemail messages on theirtelephone

                   (9).                                           with entities
                                                    privateaccounts
                          With access theBenningtons'
                                    to

                     I                    the      passwords
suchasVerizonWireless, wasalsoableto change computer              to
                                                           assigned

             with
theBenningtons thesecompanies. at leastoneoccasion, changed password
                             On                   I       the

for oneof their computeraccounts something the effect of "Who is doing this to
                               to         to

you?"
     Case 1:07-cr-01363-WJ      Document 20      Filed 06/29/2007   Page 10 of 19



                                                                 Bennington
                                                knowingthatChester
                    (10). On at leastoneoccasion,

wasin Arizona, I traveledto Aizona solely for the purposeof trying to seehim. while I

        I                          voicemailsasa means trying to locate
                        Bennington's
                  Chester
wasthere, monitored                                  of

wherehe might be eatingdinner or lunch.

                                                      while I wasin Los Angeles
                    (l l). On at leastoneotheroccasion,                        on

                                          residence.
a family vacation, drovepasttheBenningtons'
                 I

                    (12). I alsocreated new e-mailaccounts,
                                      two

                                                             and
"sophiabellehey@yahoo.com" "inside-informant-for-1ou@yahoo.com," used
                       and

thoseaccounts send
            to                                  and
                  messages bothTalindaBennington, friendsof the
                         to

                                                                          I
                                                                   address,
                       usingthe "inside informant-for-you@yahoo.com"
Benningtons.For example,

                                                    threatening divulge personal
wrote a tauntinge-mail to a friend of the Benningtons          to

information                                           myselfas"somebody
           aboutthe Benningtons. ended e-maildescribing
                               I     my

who knowsa little too much. . ."

                    (13). Usingthe "inside informant-foryou@yahoo.com"     I
                                                                     address,

next wrote anothere-mail to anotherBenningtonfriend relatedto the sameprivate

                                                       that'saboutto
           referringto the situation "my little bombshell
information,                       as

explode........" the same
               In        e-mail,I alsostated:

      The answer   will revealitself shortlv.
      This is too fun.




                                            10
     Case 1:07-cr-01363-WJ       Document 20   Filed 06/29/2007   Page 11 of 19



                                                                           I
                                                                    address,
                   ( 14). Usingthe "inside-informant-for3ou@yahoo.com"

                                                                     which included
then senta copy of anothere-mail to the samefriend of the Benningtons,

the following statements:

      I'm havingfun. Are you?
                                  **:f




      I wonderhow the fanswouldreactto this??

                   (15). Thenexttauntinge-mailthatI sentto the samefriendof the

          from the same
Benningtons                        ended
                       e-mailaddress,                  "Enjoy therestof your
                                        with me stating,

            just
nightandmaybe maybe                     too."
                   you'll havesweetdreams

                                                                       by
                                          directlywith TalindaBennington e-
                   (16). I alsocommunicated

                          sophiabellehey@yahoo.com.
mail usingthe e-mailaddress                     In these             I
                                                        e-mailmessages,

        that
suggested the Benningtons                investigatorto monitor the activities
                         sendan undercover

of a person         with             Usingthis same
           associated the Benningtons.             e-mailaddress, latersent
                                                                I

                                              Thetext portionof the e-mailto
                                 e-mailaddress.
      e-mailto TalindaBennington's
another

TalindaBenningtonthat I sentcontained hyperlink to a website. The hyperlink wasto
                                     a

an article aboutcyberstalking.

                                                                       to
                                                              registered
                                  occasion usedan e-mailaccount
                   (17). On another      I

                                                            in
                                    posingasTalindaBennington an effort
      Bennington sendan e-mailmessage
Chester        to

to gather
        informationaboutan e-mailaccount a person
                                       of        closelyassociated the
                                                                 with

Benninstons.



                                         11
     Case 1:07-cr-01363-WJ     Document 20      Filed 06/29/2007    Page 12 of 19



                                                                           on
                                                           TalindaBennington
                     (18). In or aboutAugus 2006,I contacted
                                          t

                                                                    calls.
thetelephone. did not identi$ myselfduringthecourse multipletelephone
            I                                     of

                                                                          ca1ls
                                              26,2006,I placedtwo telephone
                     (19). On or aboutSeptember

to TalindaBenningtonandspoketo TalindaBenningtonon the telephone. I againfailed

to identifymyself.

                     (20). With respect Count3 of the Information, alsoadmitthat,
                                      to                         I

                                                        involved,thatis,
on or aboutNovember 2006,withoutthe cons€nt theperformers
                  l,                      of

the members the bandLinkin Park,I knowingly and for purposes my own financial
           of                                              of

                                                               of
gain,did offer to distribute did traffic in, copies phonorecords unauthorized
                            and                    and

fixations of the soundsandimagesof the sounds imagesof a live musical
                                             and

performance the members the bandLinkin Park,that is, a performance
          by           of                                         that I

                                           Florida,at the Office DepotCenter.
advertised occurring March4,2004,in Sunrise,
         as         on

                 I                                      recordings live
More specifically, wasactivelyengaged tradingunauthorized
                                    in                           of

                                          includinga varietyof different
      performances a number differentbands,
concert          by       of

performances Linkin Park,with otherindividualsovef the Interneton the website,
           by

         In                       traders thewebsite
etree.org. fact,I informedpotential     on          that I hadover833bootleg

recordingsavailablefor tradefrom a variety of different performers,including a March 4,

                         in                     ontoa DVD. AlthoughI did
                                  Floridarecorded
2004Linkin Parkperformance Sunrise,

not offer to sell thebootlegrecordings money, did possess unauthorized
                                     for    I           the

                                      with the intent to transferthemto othersin
recordings the live concertperformances
          of


                                          12
     Case 1:07-cr-01363-WJ       Document 20       Filed 06/29/2007     Page 13 of 19



exchanged the expectedreceipt of somethingofvalue, that is, I offered to trade or
         for

exchangethem in the expectationthat the personto whom I transferredthe bootleg

recolding would also transfera recording ofa live musical performancethat I did not yet

have in my collection back to me.

       g.     By signing this agreement,I admit all the foregoing facts and admit that

there is a factual basis for each element of the crimes to which I am pleading guilty. I

agreethat the Court may rely on any of these facts, as well as any undisputed facts in the

presentencereport, to determine my sentsnce,including, but not limited to, the advisory

guideline offenselevel.

                                    STIPULATIONS

       10.    To assistthe Court in determiningthe advisory sentencingguideline range,

the United Statesand the Defendant stipulate as follows:

              a.     As of the date of this agreement, Defendanthas clearly
                                                     the

                                                  ofpersonal responsibility for the
demonstrated recognition and affirmative acceptance
           a

Defendant's                              pursuantto U.S.S.G. $ 3E1.1, so long as the
           criminal conduct. Consequently,

Defendant continues to accept responsibility for the Defendant's criminal conduct, the

Defendantis entitled to a tfuee-levelreduction from her baseoffense level as calculated

under the sentencingguidelines. This reductiondepends the Defendantpersonally
                                                     on

providing to the United StatesProbation Officer who preparesthe presentencer€port in

this case an appropriate written statementin which the Defendant clearly establishesthe


                                             13
     Case 1:07-cr-01363-WJ     Document 20     Filed 06/29/2007    Page 14 of 19



Defendant'sentitlementto this reduction. Further,the United States free to withdraw
                                                                  is

                                                                      with
this stipulationif the Defendantengages any conductthat is inconsistent
                                      in

                                                     and
acceptance responsibilitybetween dateof this agreement the sentencing
         of                     the

hearing.

             b.    The Defendantstipulates agrees the applicableadvisory
                                          and   that

         for        crimeof Stalking
guideline Defendant's               pursuant 18U.S.C.$ 2261A(2XA)is
                                           to

                          a          levelof 18.
                               offense
U.S.S.G. 2A6.2,whichcarries base
       5

             c.                                      accessing private
                              recognizes her extensive
                   TheDefendant        that                  of

                               their family members, their friends and
informationaboutthe Benningtons,                   and

associates, unlawfulandcaused Benningtons
         was                the         substantial              As
                                                         distress. a
                                                 emotional

                                      without prior Court authorizationandwritten
term andconditionof this plea agreement,

agreement the United States, Defendantthereforepromisesandagrees to make
        of                 the                                 not

any further disclosureor dissemination anyinformation,photographs,
                                     of                                  or
                                                                 documents

imagesthat the Defendantobtained,or leamedaboutwithout properauthorization,or

throughunlawful means. This provision specificallyincludesany information that the

Defendantobtainedwithout authorization accessing Benningtons'private e-mail
                                      by       the

accounts, Benningtons'
        the                                       the          wedding
                                   billing account, Benningtons'
                     VerizonWireless

                                                           with eitherthe
             website,or any otheraccounts websitesassociated
photographer's                          or

Benninstons' their friendsandassociates.
           or




                                         14
     Case 1:07-cr-01363-WJ     Document 20      Filed 06/29/2007    Page 15 of 19



            d.     The partiesare free to argueeitherfor, or against,the applicationof

any specific offensecharacteristics other adjustments the advisoryguideline
                                  or                to

sentences areotherwisenot addressed way of stipulationherein'
        that                      by

            e.                  doesnot precludethe Defendantfrom seekinga
                   This agreement

downwarddeparture variancefrom the applicableadvisorysentencing
                 or                                            guidelinerange

asdetermined the Court after resolutionofany objectionsby eitherparty to the
           by

          report to be prepared this case. Ifthe Defendantshouldseeka downward
presentence                    in

                                   retainsits right to opposesuchdownward
departure variance,the United States
         or

departure variance.
         or

            f.                                                             the
                   The Defendantfurther agtees forfeit to the United States more
                                              to

than800recordings,                              performances concerts
                 DVD's, CD's andVHS tapes musical
                                         of                and

                                             as                7l
                                                       numbered through
that havepreviouslybeendisclosed the Defendant documents
                                to

                                          itemslistedin parts2 through5 of the
86,aswell asall of the computers associated
                               and

ForfeitureAllegation contained the Information.
                              in

            g.                                                    to
                   As part of this plea agreement, Defendantagrees fully
                                                the

                                        treatnent andcounselingasthe Court may
        with anymentaltesting,evaluation,
cooperate

direct.

            h.                                         incarceration
                   During the period ofany Court-ordered            and/or

         release, Defendantagrees sheshall not attemptto watch,keepunder
supervised      the             that

                                                    or              directly
                                              harass, haveanycontact,
surveillance anyfashion(includingelecnonically),
           in



                                         15
     Case 1:07-cr-01363-WJ     Document 20     Filed 06/29/2007    Page 16 of 19



                          Bennington,TalindaBenningtonand/ortheir family and
or indirectly, with Chester

                                                       1l'
        members furtherdefined paragraph of the December 2006
household     (as             in       11

RestrainingOrder entered                                            in
                        againstthe Defendantin Benningtonv' Townsend, the

superiorcourt ofcalifornia, county oforange, No. 06HL05071).Thisprovisionshall

                                                       mail, e-mail,instant
                                                messages,
                 contact contact way of telephone
includeno physical     or      by

                                                                          that
messaging, othertlpe of electroniccommunication.The Defendantfurther agrees
         or

shewill stayawayfrom the individualsreferencedaboveand will not appear any
                                                                     at

concertor otherpublic or private eventor activity whereany of the aboveindividualsare

       including any hotel wherethey maybe staying.
present,

      11.    The Defendantunderstands the abovestipulationsarenot binding on
                                    that

                                         thesestipulationsis a matter solelywithin
the Court andthat whetherthe Court accepts

                                                            report' Further,the
the discretionofthe Court after it hasreviewedthe presentence

        understands the Court may choose deviatefrom the advisoryguideline
Defendant         that                  to

                     understands if the Court doesnot acceptany oneor moreof
sentence.The Defendant         that

                                                        different than expected
the abovestipulationsandreaches advisoryguidelinesentence
                              an

                                    from the advisory
by theDefendant, if the Courtdeviates
              or                                     guideline     the
                                                              range,

                                                                             of
Defendantwill not seekto withdraw the plea of guilty. In otherwords,regardless any

stipulationsthe partiesmay enterinto, insofarasis otherwisepermittedby law, the

                                                  of
          final sentence solelywithin thediscretion the Court.
Defendant's            is




                                         16
     Case 1:07-cr-01363-WJ      Document 20       Filed 06/29/2007     Page 17 of 19



                  DEFENDANT'S ADDITIONAL OBLIGATIONS

       12.                                     obligation providethe
                         understands Defendant's
              TheDefendant         the                   to

United StatesProbationOffice with truthful, accurate, completeinformation. The
                                                    and

        represents the Defendant compliedwith andwill continueto comply
Defendant        that          has

with this obligation.

       13.                                                Office,the Defendant
                                                 Attorney's
              If requested do soby theUnitedStates
                         to

will provideall documents,     writings,tangible
                        records,                objects, materials anykind
                                                       or        of

                                custody, controlandthatrelatedirectlyor
                       possession,
thatarein theDefendant's               or

indirectly to arryareaof inquiry or investigationin this proceeding.

                           WAIVER OF APPEAL RIGHTS

       14.    The Defendantis awarethat federallaw affords a Defendantthe right to

     the                                          knowinglywaivesthe
                                  that,theDefendant
              imposed.Acknowledging
appeal sentence

                                                                             of
                          within the statutoryrangeapplicableto the statute(s)
right to appealany sentence

conviction.

                          GOVERNMENT'S AGREEMENT

       15.           that                               obligations setout
                                  fulfrlls theDefendant's
              Provided theDefendant                               as

above,the United Statesagrees the United States
                            that               will not bring additionalcriminal

                                                      conductnow known to the
      againstthe Defendantarisingout of the Defendant's
charges

                    Office for theDistrictof New Mexico. The Defendant
           Attorney's
UnitedStates

          that                                            Attomey's
understands this agreement limitedsolelyto the UnitedStates
                        is                                         Oflice for



                                           17
     Case 1:07-cr-01363-WJ     Document 20      Filed 06/29/2007    Page 18 of 19



                                not                                      or
                                                     state, local agencies
the Districtof New Mexicoanddoes bind anyotherfederal,    or

prosecuting                                                      of
                     includingtheTax Divisionof theu.s. Department Justice.
          authorities,

                                VOLUNTARYPLEA

       16.              agrees represents this pleaof guilty is freelyand
             TheDefendant    and       that

voluntarily madeandis not the result of force,threats,or promises(otherthan the

       set                      Therehavebeenno representations promises
promises forth in this agreement).                           or

                                                                       that
from anyoneasto what sentence Court will impose. The Defendantrepresents
                            the

the Defendant pleading
            is        guilty because Defendant in fact guilty, andfor no other
                                   the       is

reason.

                      VIOLATION OF PLEA AGREEMENT

      17.                    that            violates provisionofthis
                        agrees ifthe Defendant
             TheDefendant                            any

        the
agreement, United Statesmay declarethis agreement andvoid, andthe Defendant
                                                null

will thereafter subjectto prosecution anycriminal violation, including but not
              be                     for

limited to any crime(s)or offense(s)contained or relatedto the charges this case,as
                                             in                       in

                              obstructionofjustice, andany other crime committedby
well aspe{ury, false statement,

the Defendantduring this prosecution.

                             SPECIAL ASSESSMENT

      18.    At thetime of sentencing, Defendant tender theUnitedStates
                                    the        will   to

DistrictCourt,Districtof New Mexico,333LomasBlvd. NW, Suite270,Albuquerque,

New Mexico 87102, moneyorderor certifiedcheckpayable the orderof the United
                a                                  to



                                          18
    Case 1:07-cr-01363-WJ    Document 20      Filed 06/29/2007   Page 19 of 19



States                                                         penalty
      District Court in the amount $300.00 paynentof the special
                                 of      in

                above.
        described
assessment

                        ENTIRETY OF AGREEMENT

      19.               is         statement the agreement this case
            This document a complete       of           in          and

maynot be altered    donesoin writing andsigned all parties.
                unless                         by
                                       -:Z           f
                             z
      AGREEDTO AND SIGNED1yti" lhav            of   f ,,,,ta




                                                             CI
                                                      United StatesAttomey
                                             PostOffice Box 607
                                             Albuquerque, New Mexico 87102
                                             (s0s)346-7274




      I havereadthis agreement carefully reviewedeverypart of it with my
                              and
                     the agreement voluntarily sign it.
attorney. I understand           and



                                             DEVON LYNN TOWNSEND
                                             Defendant




                                       19

								
To top