UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v. Cause
No. EV 02-20-CR-O1-Y/H
DARVIN COLLINS,
Defendant.
PETITION TO ENTER A PLEA OF GUILTY
REQUEST FOR PRESENTENCE
INVESTIGATION AND REVIEW OF
PRESENTENCE
REPORT PRIOR TO ENTRY OF PLEA OF
GUILTY
The defendant above-named respectfully
represents to the Court as follows:
1. My full true name is Darvin
Lee Collins, and I request that all
proceedings against me be had in the name which I here
declare to be my true name.
2. I was born on xxxxxx, at Princeton, in the State of Indiana, and my social security number is
xxx-xx-xxxx . I have attended school and completed my schooling through
the 15th grade; and I have the ability to read, write and
understand the English language.
3. I am represented by counsel
and my attorney’s name is Douglas C. McNabb.
4. I have received a copy of
the Indictment before being called upon to plead. I have read and discussed it
with my attorney and believe and feel that I understand every accusation made
against me in this case.
5. I have told my attorney the
facts and surrounding circumstances as known to me concerning the matters
mentioned in the Indictment, and believe and feel that my attorney is fully
informed as to all such matters. My attorney has since informed, counseled and
advised me as to the nature and cause of every accusation against me and as to
any possible defenses I might have in this ease.
6. My attorney has advised me
that the punishment which the law provides is as follows:
Counts Minimum Years of Maximum Years of Maximum
fine for each of the
Imprisonment Imprisonment
Counts is:
1 and 3 0 5
$10,000
My attorney has also advised me
that my sentence will fall within the minimum and maximum after a determination
of the applicable Sentencing Guidelines. I understand that restitution may also
be imposed. Also that probation may or may not be granted; that if I plead
“Guilty” to more than one offense (Count), the Court may order the sentences to
be served consecutively one after another and the Court may order restitution.
In addition, I understand that the Court may impose one or more terms of supervised
release of up to three (3) years for Counts one and three.
7. I understand that I will
have to pay a Special Assessment of $100.00 for each felony count and $50.00
for each misdemeanor count to which I have plead guilty pursuant to Title 18,
United States Code, Section 3013.
8. I understand that I am
entitled to have all of my rights which may be involved in this matter
explained to me, and that I have the right to have any questions I may have
answered for me.
9. I understand that I may, if I
so choose, plead “Not Guilty” to any offense charged against me, and that if I
choose to plead “Not Guilty” the Constitution guarantees me: (a) the right to a
speedy and public trial by jury in the District in which I am charged; (b) the
right to be considered for release until my trial occurs (c) the right to see
and hear all the witnesses against me at my trial; (d) the right to use the
power and the process of the Court to compel the production of any evidence,
including the attendance of any witnesses in my favor, at my trial; (e) the
right to the assistance of counsel at every stage of the proceedings, including
an appeal if need be; and (f) that in the event that I should be found guilty
of the charge against me, I would have a right to appeal my conviction on such
charge to a higher court.
10. I understand also, that if I
plead “Guilty”, the Court may impose the same punishment as if I had plead “Not
Guilty”, had stood trial and been convicted by a jury.
11. Except for the provisions of
the Plea Agreement, I declare that no officer or agent of any branch of
government (federal, state or local), nor any other person, has made any
promise or suggestion of any kind to me, or within my knowledge to anyone else,
that I would receive a lighter sentence, or probation, or any other form of
leniency, if I would plead “Guilty”. I hope to receive probation, but am
prepared to accept any punishment permitted by law which the Court may see fit
to impose. However, I respectfully request that the Court consider in
mitigation of punishment at the time of sentencing the fact that by voluntarily
pleading “Guilty” I have saved the Government and the Court the expense and
inconvenience of a trial. I understand that before it imposes sentence, the
Court will address me personally and ask me if I wish to make a statement on my
behalf and to present any information in mitigation of punishment.
12. I believe and feel that my
attorney has done all that anyone could do to counsel and assist me and that I
now understand the proceedings In this case against me.
13. I know the Court will not
accept a plea of “Guilty” from anyone who claims to be innocent and, with that
in mind and because I make no claim of innocence, I wish to plead “Guilty”, and
respectfully request the Court to accept my plea as follows: “Guilty” as
charged to Counts one and three of the Indictment.
14. I declare that I offer my
plea of “Guilty” freely and voluntarily and of my own accord; also that my
attorney has explained to me, and I believe and feel I understand, the statements
set forth in the Indictment and in this petition, and in the “Certificate of
Counsel” which is attached to this petition.
15. I further state that I wish
the Court to omit and consider as waived by me all readings of the Indictment in
open Court, and all further proceedings regarding my arraignment, and I pray
the Court to accept and enter now my plea of “Guilty” as set forth above In
paragraph 13 of this petition.
16. I request and consent to a presentence
investigation by the probation officers of the United States district courts to
be commenced at this time and prior to the entry of my formal plea of guilty. I
further request and consent to the review of my presentence report by a Judge,
by my attorney and myself and by the government at any time, including the time
prior to entry of a formal plea of guilty.
17. I further state that I will
contact the United States Probation Office in the United State Courthouse, 46
East Ohio Street, Indianapolis, Indiana 46204 (Telephone: (317) 226-6751)
within five calendar days of my signing this Petition so that the presentence
Investigation may be commenced.
18. I understand that this case
is currently set for trial on September 22,2003, and I request a continuance of that trial date as it applies to me.
Signed by me in the presence of my
attorney this 29th day of August, 2003.
/SIGNED/__________
Darvin Collins
Defendant
CERTIFICATE OF COUNSEL
The undersigned, as attorney and
counselor for the defendant, hereby certifies as follows:
1. I have read and fully
explained to the Defendant all the accusations against the defendant which are
set forth in the Indictment in this case;
2. To the best of my knowledge
and belief each statement set forth in the foregoing petition is in all
respects accurate and true;
3. The plea of “Guilty” as
offered by the defendant in paragraph 13 of the foregoing petition accords with
my understanding of the facts as related to me by the defendant and is
consistent with my advice to the defendant;
4. In my opinion, the defendant’s
waiver of all reading of the Indictment in open Court, and in all further
proceedings regarding arraignment as provided in Rule 10, is voluntarily and
understandingly made; and I recommend to the Court that the waiver be accepted
by the Court;
5. In my opinion, the plea of
“Guilty” as offered by the defendant in paragraph 13 of the foregoing petition
is voluntarily and understandingly made and I recommend to the Court that the
plea of “Guilty” be now accepted and entered on behalf of the defendant as requested
in paragraph 13 of the foregoing petition
Signed by me in the presence of
the defendant above-named
this 2nd day of September, 2003.
/SIGNED/___________
Douglas C. McNabb, Defense Attorney
Attorney Address and Phone Number:
600 Trans Street 6950
Houston, TX 77002
800-870-0828
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v. Cause
No, EV O2-20-CR-01-Y/H
DARVIN COLLINS,
Defendant.
PLEA AGREEMENT
Comes now the United States of
America, by counsel, Susan W. Brooks, United States Attorney for the Southern
District of Indiana, and Todd S. Shellenbarger, Assistant United States
Attorney, and the Defendant, DARVIN COLLINS, in person and by counsel, Douglas
C. McNabb, and hereby inform the Court that a Plea Agreement has been reached
in this cause, pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B), and
the following are its terms and conditions:
1. DARVIN COLLINS will enter a
plea of guilty to Counts 1 and 3 of the Indictment which charge him with
violations of 29 U.S.C. § 501(c) (Embezzlement of Labor Organization Funds).
Counts 2 and 4 of the indictment (Falsification of Labor Organization Records,
29 U.S.C. § 439(c) ) will be dismissed pursuant to the terms of this agreement.
2. The elements of the offenses
of Embezzlement of Labor Organization Funds In Counts 1 and 3 are:
A. The
defendant, while an officer of I.B.E.W. Local 16, a labor organization, did
unlawfully and willfully;
B. embezzle, steal, and convert to his own use or the use of another;
C. the monies, funds, property and other assets of I.B.E.W. Local 16.
3. The penalties for a
violation of 29 U.S.C. § 501(c), Embezzlement of Labor Organization Funds, are
not more than 5 years imprisonment, a fine of not more than $10,000, and a term
of supervised release of not more than 3 years.
GENERAL PROVISIONS
4. DARVIN COLLINS understands
that, should the Court accept this plea agreement, he will be sentenced
pursuant to the Sentencing Guidelines established by the United States
Sentencing Commission. DARVIN COLLINS understands that the final determination
concerning the applicable guideline calculation, criminal history category, and
sentencing guideline range will be made by the Court.
5. DARVIN COLLINS acknowledges
that this plea agreement is governed by Federal Rule of Criminal Procedure 11(c)(1)(B)
and that the determination of his sentence is within the discretion of the
Court. DARVIN COLLINS understands that if the Court decides to impose a
sentence higher or lower than any recommendation of either party, or determines
a different sentencing guideline range applies in this case, or decides to
depart from the otherwise applicable sentencing guideline range pursuant to
Title 18, United States Code, Section 3553(b), then he will not be permitted to
withdraw his plea of guilty for that reason and will be bound by his plea of
guilty.
SPECIFIC PROVISIONS
6. DARVIN COLLINS will plead
guilty to Counts 1 and 3 of the Indictment. Counts
2 and 4 of the Indictment will be dismissed on the date of
sentencing pursuant to the terms of this agreement.
7. DARVIN COLLINS will pay a
total of $200.00 on the date of sentencing, or as ordered by the Court, to the
Clerk, United States District Court, which amount represents the mandatory
special assessment fee imposed pursuant to Title 18, United States Code,
Section, 3013.
8. DARVIN COLLINS will provide
all requested financial information to the Financial Litigation Unit of the
United States Attorney’s Office for the Southern District of Indiana for use in
the collection of any fines or restitution imposed by the Court.
9. DARVIN COLLINS will pay a
total of $26,804 In restitution to I.B.E.W. Local 16 as ordered by the Court.
10. DARVIN COLLINS acknowledges
and agrees that nothing in this agreement shall protect him in any way from
prosecution for any offense not specifically covered by this agreement.
11. The government agrees not to
oppose any request made by DARVIN COLLINS for a recommendation by the Court
that he serve any period of Imprisonment in a specific facility. DARVIN COLLINS
acknowledges and understands that any recommendation by the Court does not bind
the United States Bureau of Prisons.
12. The parties agree that the
amount of any fine and the term of any supervised release that may be imposed
will be argued to the Court by the parties at the time of sentencing.
13. At the time of sentencing,
the government will recommend the imposition of a sentence within the guideline
range which the Court finds applicable to DARVIN COLLINS. The government agrees
not to seek any upward departure. DARVIN COLLINS agrees that there exists no
basis for a downward departure, and agrees not to seek such a departure.
14. The defendant is free to
argue for any sentence which is not inconsistent with the stipulations set
forth below.
15. DARVIN COLLINS understands
that he has a statutory right to appeal the conviction and sentence imposed and
the manner in which the sentence was determined. Acknowledging this right and
in exchange for the concessions made by the United States in this Plea
Agreement, DARVIN COLLINS expressly waives his right to appeal the conviction
and sentence imposed in this case on any ground, including the right to appeal
conferred by Title 18, United States Code, Section 3742. Additionally, DARVIN
COLLINS expressly agrees not to contest his sentence or the manner in which it
was determined in any collateral attack, including, but not limited to, an
action brought under Title 28, United States Code, Section 2255.
SENTENCING GUIDELINES STIPULATIONS
16. Pursuant to Section 6B1.4 of
the Sentencing Guidelines, the parties agree to the Stipulations below. The
parties understand and agree that these Stipulations are binding on the parties
but are only a recommendation to the Court and that the Court will determine
the sentencing guidelines applicable in this case. The parties agree that no
stipulation regarding any factors in Chapter 4, Criminal History Category, of
the Sentencing Guidelines has been made, and that such determination will be
made by the Court. The 2002 version of the Sentencing Guidelines Manual has
been used by the parties to make the Stipulations specified below.
A.
Pursuant to USSG § 2B1.1(a) of the Sentencing Guidelines the base offense level
is 6.
B.
Pursuant to USSG § 2B1.1(b)(l)(C), a 4 level increase shall be imposed for a
loss amount of between $10,000 and $30,000 and the parties will stipulate that
the loss amount for purposes of guideline calculations is $26,804.
C.
Pursuant to USSO § 3B1.3, a 2 level increase shall be Imposed for abuse of a
position of trust during the commission of the offense.
D. No other specific offense characteristics are applicable.
E.
Pursuant to USSG § 3B1.1(a) the defendant shall be entitled a 2 level reduction
for acceptance of responsibility provided he continues to demonstrate
acceptance of responsibility throughout the time of sentencing.
F. No other Chapter 3 adjustments or Chapter 5 departures are
applicable.
FINAL PROVISIONS
17. DARVIN COLLINS acknowledges
that no threats, promises, or representations have been made, nor agreements
reached, other than those set forth in this document, to induce DARVIN COLLINS
to plead guilty. This document is the complete and only plea agreement between
DARVIN COLLINS and the United States Attorney for the Southern District of
Indiana and is binding only on the parties to this agreement, supersedes all
prior understandings, if any, whether written or oral, and cannot be modified
except in writing’ signed by all parties and filed with the Court, or on the
record in open court.
18. The terms of this agreement
shall not be binding on the Office of the United States Attorney for the
Southern District of Indiana, or upon DARVIN COLLINS, until signed by DARVIN
COLLINS and his counsel and by counsel for the United States of America.
Respectfully submitted,
SUSAN W. BROOKS
UNITED STATES ATTORNEY
9/5/03 /SIGNED/_______________
DATE Christina McKee
Chief, Criminal Division
9/3/05 /SIGNED/_______________
DATE Todd S. Shellenbarger
Assistant United
States Attorney
8/29/03 /SIGNED/_______________
DATE Darvin Collins
Defendant
9/2/03 /SIGNED/_______________
DATE Douglas C. McNabb
Attorney for Defendant
STATEMENT OF THE DEFENDANT
I have read the entire Plea
Agreement and discussed it with my attorney.
I understand all the terms of the
Plea Agreement and those terms correctly reflect the results of plea
negotiations.
I am fully satisfied with my attotney’s
representation during all phases of this case.
I am freely and voluntarily
pleading guilty in this case.
I am pleading guilty as set forth
in this Plea Agreement because I am guilty of the crime(s) to which I am
entering my plea(s).
My attorney has informed me, and I
understand, that I have the right to appeal any conviction and sentence that I
receive, unless I have waived my right to appeal as part of this Plea
Agreement. If I have not waived my right to appeal, I understand that I must file
a Notice of Appeal within 10 days of the entry of the judgment in this case; I
further understand that the Clerk of the Court will prepare and file a Notice
of Appeal on my behalf if I ask that to be done. I also understand that the United States has the right to appeal any
sentence that I receive under this Plea Agreement.
Finally, my attorney has informed
me, and I understand, that if I provide or cause to be provided materially
false information to a Judge, magistrate-Judge, or probation officer, then
Section 3C1.1 of the Sentencing Guidelines allows the Court to impose a two (2)
level increase in the offense level.
8/29/03 /SIGNED/_______________
DATE Darvin Collins
Defendant
