DSHW-2018-007786 - 0901a0688089e8c6

Case 1:17-cr-00044-DN-PMW Document 31 Filed 06/20/18 Page 1 of 7
IN THE UNITED STATES DISTIUCT COURT
DISTRICT OF UTAH, NORTHERN DIVISION
JOHN W. HUBER, United States Attorney (#7226)
JARED C. BENNETT, Assistant United States Attorney (#7226)
TRINA A. HIGGINS, Assistant United States Attorney (#7349)
Attorneys for the United States of America
111 South Main Street, Suite 1800
Salt Lake City, Utah 84111-2176
Telephone: [phone]
FILED IN UNITED STATES DISTRICT COURT, DISTRICT OF 111AI-I
JUN 2 0 2018
D. MARK JONES, CLERK BY
DEPUTY CLERK
Div of Waste Management and Radiation Control
AUG - 9 2018 D3HW-2.016-00778)
UNITED STATES OF AMERICA,
Plaintiff,
vs.
ANTHONY L. STODDARD,
Defendant.
1:17CR00044DN
STATEMENT BY DEFENDANT IN
ADVANCE OF PLEA OF GUILTY
AND PLEA AGREEMENT PURSUANT
TO FED. R. CRIM. P. 11 (c)(1)(C)
Judge David Nuffer
hereby acknowledge and certify that I have been advised of and that I understand
the following facts and rights, and that I have had the assistance of counsel in reviewing,
explaining, and entering into this agreement:
1. As part of this agreement with the United States, I intend to plead guilty to
Count II of the Indictment. My attorney has explained the nature of the charge against
me, and I have had an opportunity to discuss the nature of the charge with my attorney. I
understand the charge and what the government is required to prove in order to convict
me. The elements of Count II, Knowingly Storing a Hazardous Waste Without a Permit,
are:
1) Knowingly treats, stores, or disposes of any hazardous waste identified in
Subchapter III, Chapter 82, Title 42 of the United'States ()de;
2) Without a permit.
2. I know that the maximum possible penalty provided by law for Count II of
the Indictment, a violation of 42 U.S.C. § 6928(d)(3), is a term of inlprisonment of up to
five years, a fine of $50;000 for each day of violation, a term of supervised release of up
to three years, and any applicable forfeiture. I understand that if I violate a term or
Case 1:17-cr-00044-DN-PMW Document 31 Filed 06/20/18 Page 2 of 7
condition of supervised release, I can be returned to prison for the length of time provided
in 18 U.S.C. § 3583(e)(3).
a. Additionally, I know the Court is required to impose an assessment in the
amount of $100 for each offense of conviction, pursuant to 18 U.S.C. § 3013.
Furthermore, restitution to the victim of rny offense may be ordered pursuant to 18
U.S.C. § 3663.
b. I understand that, if I am not a United States citizen, I rnay be removed
from the United States, denied citizenship, and denied admission to the United States in
the future.
3. I know that the sentencing procedures in this case and the ultimate sentence
will be determined pursuant to 18 U.S.C. § 3553(a), and that the Court must consider, but
is not bound by, the United States Sentencing Guidelines, in determining my sentence. I
have discussed these procedures with my attorney. I also know that the final calculation
of my sentence by the Court may differ from any calculation the United States, my
attorney, or I may have made, and I will not be able to withdraw tny plea if this occurs.
However, because my plea of guilty is being entered pursuant to Rule 11(c)(1)(C), as
explained below, I know that J will be able to withdraw my plea if the Court does not
accept the terms of this agreement.
4. I know that I can be represented by an attorney at every stage of the
proceeding, and I know that if I cannot afford an attorney, one will be appointed to
represent me.
5. I know that I have a right to plead "Not Guilty" or maintain my earlier plea
of "Not Guilty" and can have a trial on the charges against me.
6. I know that I have a right to a trial by jury, and I know that ill stand trial
by a jury:
a. I have a right to the assistance of counsel at every stage of the proceeding.
b. I have a right to see and observe the witnesses who testify against me.
c. My attorney can cross-examine all witnesses who testify against me.
d. I can thll witnesses to testify at trial, and I can obtain subpoenas to require
the attendance and testimony of those witnesses. If I cannot afford to pay for the
appearance of a witness and mileage fees, the government will pay them.
e. I cannot be forced to incriminate Myself, and J do not have to testify at any
trial.
2
Case 1:17-cr-00044-DN-PMW Document 31 Filed 06/20/18 Page 3 of 7
f. If I do not want to testify, the jury will be told that no inference adverse to
me may be drawn from my election not to testify.
g. The government must prove each and every element of the offense charged
against me beyond a reasonable doubt.
h. It requires a unanimous verdict of a jury to convict me.
i. If I were to be convicted, I could appeal, and if I could not afford to appeal,
the government would pay the costs of the appeal, including the services of appointed
counsel.
7. If I plead guilty, I will not have a trial of any kind,
8. I know that 18 U.S.C. § 3742(a) sets forth the circumstances under which I
may appeal my sentence. However, fully understanding my right to appeal my sentence,
and in consideration of the concessions and/or commitments made by the United States in
this plea agreement, I knowingly, voluntarily and expressly waive my right to appeal as
set forth in paragraph 12 below.
9. I know that, under 18 U.S.C. § 3742(b), the United States may only appeal
my sentence if it is less than the sentence set forth in this agreement.
10. 1 know that under a plea of guilty the judge may ask me questions under
oath about the offense. The questions, if asked on the record and in the presence of
counsel, must be answered truthfully and, if I give false answers, I can be prosecuted for
perjury.
11. I stipulate and agree that the following facts accurately describe my
conduct. These facts provide a basis for the Court to accept my guilty plea:
Between February 1, 2014 and July 8, 2014, at my business, Stone
Castle Recycling in Clearfield, Utah, I knowingly stored hazardous
waste as defined in the U.S. Code by keeping over a million pounds
of CRT glass inside tny Clearfield facility. I did not have a permit to
store the hazardous waste.
12. The only terms and conditions pertaining to this plea agreement between
me and the United States are as follows:
a. Guilty Plea. I will plead guilty to Count II of the Indictment, Knowingly
Storing a Hazardous Waste Without a Permit.
3
Case 1:17-cr-00044-DN-PMW Document 31 Filed 06/20/18 Page 4 of 7
b. Stipulated Sentence. Pursuant to Rule 11(c)(1)(C) of the Federal Rules of
Criminal Procedure, the sentence imposed by the Court will be 12 months and 1 day
imprisonment, which I agree is a reasonable sentence.
(1) I understand that this agreement, including my plea, the agreed upon
sentence, and all other terms referenced herein, are subject to the approval of, and
acceptance by the Court. I further understand that the Court will likely order the
preparation of a Presentence Report to assist in the determination of whether this
plea and the agreernent are appropriate, and I agree to fully cooperate in the
preparation of the Presentence Report.
(2) If, after receiving all relevant information, the Court rejects the plea
agreement and determines that a sentence different from the agreed upon sentence
of 12 months and 1 day imprisonment, I will have the right to withdraw the plea
of guilty and the terms of this agreement will become null and void. Likewise, if
the Court rejects the plea agreement and detamines that the sentence should be
less than I 2 months and I day imprisonment, I understand that the United States
will have the right to move to vacate this agreement, and all terms of this
agreement will become null and void.
c. Relevant Conduct. I understand and agree that the Presentence Report
may include descriptions of conduct I engaged in which either was not charged against
me, will not be pleaded to by me, or both. I understand and agree that the Court will take
these facts into consideration in determining the reasonableness of the stipulated
sentence.
d. Appeal Waiver.
(1) Fully understanding my limited right to appeal my sentence, as
explained above in paragraph 8, and in consideration of the concessions and/or
commitments made by the United States in this plea agreement, I knowingly,
voluntarily, and expressly, waive my right to appeal any sentence imposed upon
me, except that I do not waive the right to appeal as set forth in 18 U.S.C. §
3742(c)(1), which states that I may not file a notice of appeal unless the sentence
imposed is greater than the sentence set forth in this agreement.
(2) I also knowingly, voluntarily, and expressly waive my right to
challenge my sentence, unless the sentence imposed is greater than the sentence
set forth in this agreement, in any collateral review motion, writ or other
4
Case 1:17-cr-00044-DN-PMW Document 31 Filed 06/20/18 Page 5 of 7
procedure, including but not limited to a motion brought under 28 U.S.C. § 2255,
except on the issue of ineffective assistance of counsel.
(3) I understand that this waiver of my appeal and collateral review
rights concerning my sentence shall not affect the government's right to appeal
my sentence pursuant to 18 U.S.C. § 3742(c)(2) and § 3742(b)(1) and (2).
e. I further understand and agree that the word "sentence" appearing
throughout this waiver provision is being used broadly and applies to all aspects of the
Court's sentencing authority, including, but not limited to: (1) sentencing determinations;
(2) the imposition of imprisonment, fines, supervised release, probation, and any specific
terms and conditions thereof; and (3) any orders of restitution.
f. Presentence Report and Financial Information. I agree to provide
truthful and complete information, including financial information, as requested by the
probation office for the preparation of my presentence report and for determination of the
conditions of my supervised release. I also consent to allowing the United States
Attorney's Office to run a credit check on me. I consent to being placed on the Trdasury
Offset Program and State Finder.
g. Restitution.
(1) I agree that, pursuant to the provisions of 18 U.S.C. § 3583(d), the
Court may order me to pay restitution as a condition of supervised release.
(2) I know that if I fail to pay restitution as ordered, the failure can be
considered a violation of probation or supervised release and, pursuant to 18 U.S.C. §
3614, the Court can resentence me to any sentence which might originally have been
imposed in my case.
h. Waiver of Interest. The government agrees to recommend that the Court
waive interest for fines and restitution assessed against me.
13. I understand and agree that this plea agreement is solely between me and
the United States Attorney for the District of Utah and does not bind any other federal,
state, or local prosecuting, administrative, or regulatory authorities.
14. I understand that I have a right to ask the Court any questions I wish to ask
concerning my rights about these proceedings and the plea.
*
5
DATED this eV day of , 2018/ ,
ANTH
Defen
DARD
Case 1:17-cr-00044-DN-PMW Document 31 Filed 06/20/18 Page 6 of 7
I make the following representations to the Court:
1. I am 51..) years of age. My education consists of
I _ea A jean/cannot] read and understand English.
2. This Statement in Advance contains all terms of the agreements between
me and the government; if there are exceptions, the Court will be specifically advised,
on the record, at the time of rny guilty plea of the additional terms. I understand the
government and I cannot have terms of this plea agreements that are not disclosed to the
Court.
3. No one has rnade threats, promises, or representations to me that have
caused me to plead guilty, other than the provisions set forth in this agreement.
4. Neither my attorney nor the government has promised me that I would
receive probation or any other form of leniency because of my plea.
5. I have discussed this case and this plea with my lawyer as much as I wish,
and I have no additional questions.
6. I am satisfied with my lawyer.
7. My decision to enter this plea was made after full and careful thought; with
the advice of counsel; and with a full understanding of my rights, the facts and
circumstances of the case and the consequences of the plea. I was not under the
influence of any drugs, medication, or intoxicants when I made the decision to enter the
plea, and I am not now under the influence of any drugs, medication, or intoxicants.
8. I have no mental reservations concerning the plea.
9. I understand and agree to all of the above. I know that I am free to change
or delete anything contained in this statement. I do not wish to make changes to this
agreernent because I agree with the terms and all of the statements are correct.
I certify that I have discussed this plea agreement with the defendant, that I have
fully explained his rights to him, and that I have assisted hirn in completing this written
6
Case 1:17-cr-00044-DN-PMW Document 31 Filed 06/20/18 Page 7 of 7
agreement. I believe that he is knowingly and voluntarily entering the plea with full
knowledge of his legal rights and that there is a factual basis for the plea.
DATED this cal" day of tl-At , 2018.
irYda.#04.4 WENDY WIS
Attorney for Defendant
I represent that all terms of the plea agreement between the defendant and the
government have been, or will be at the plea hearing, disclosed to the Court, and there are
no undisclosed agreements between the defendant and the United States.
DATED this,.714 day of Jti , 2018.
JOHN W. HUBER
United States Attorney
JARED C. BENNE
Assistant United States Attorney
7