Case 1:16-cr-20769-DMM Document 31 Entered on FLSD Docket 12/12/2016 Page 1 of 7

U N ITED STA TES DISTRIC T C O U R T

SO U TH ER N D ISTRIC T O F FLO RID A
CA SE N O .16-20769-CR-DM M

UN ITED STATES O F A M ERICA

RO BERT K EN N ETH D ECK ER ,

a/k/a,C'DIGITAL POSSI2014,''

D efendant.
/

PLEA AG REEM EN T

TheUnitedStatesAttorney'sOffcefortheSouthernDistdctofFloridaCtthisOffice''land
ROBERT KENNETH DECKER,a/lc/a,'EDIGITALPOSSIZOI4,''(hereinafterreferred to asthe

ttdefendanf')enterintothefollowingagreement:
The defendantagrees to plead guilty to counts 1 and 2 ofthe lndictm ent,w hich

counts charge the defendantw ith:conspiracy to distlibute controlled substances,in violation of

Title 21,United StatesCode,Sections841(a)(1)and 841(b)(1)(C),and conspiracy to commit

money laundering, in violation of Title 18, United States Code, Sections 1956(h) and

1956(a)(1)(B)(i).
There are no rem aining counts to dism iss.
The defendant is aw are that the sentence w ill be im posed by the Court after

considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter
ttsentencing Guidelines'').The defendantacknowledges and understands thatthe Courtwill
com pute an advisory sentenceundertheSentencing Guidelinesand thattheapplicable guidelines

w illbe detennined by the Courtrelying in parton the results ofapre-sentence investigation by the

Court'sprobation oftice,which investigation w illcom m ence afterthe guilty plea hasbeen entered.
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The defendant is also aw are that,under certain circum stances, the Courtm ay depart from the

advisory sentencing guideline range thatithas com puted,and m ay raise or low er that advisory

sentenceunderthe Sentencing Guidelines.The defendantisfurtheraw are and understandsthatthe

Court is required to consider the advisory guideline range determ ined under the Sentencing

Guidelines, but is not bound to im pose a sentence w ithin that advisory range'
, t
he Court is

perm itted to tailortheultim ate sentence in lightofotherstatutory concerns, and such sentence m ay

be either m ore severe or less severe than the Sentencing Guidelines' advisory range. Knowing

these facts,the defendantunderstandsand acknowledgesthatthe Courthasthe authority to im pose

any sentence w ithin and up to the statutory m axim um authorized by law forthe offense identified

in paragraph 1 and thatthe defendantm ay notw ithdraw the plea solely as a resultofthe sentence

im posed.

The defendant also understands and acknow ledges that:as to count 1, the Court

m ay im pose aterm ofim prisonm entofup to 20 yearsand m ay im pose a term ofsupervised release

of no less than 5 years and up to life, and as to count 2, the Court m ay im pose a term of

im prisonm entofup to 20 years and m ay im pose a tenn ofsupelwised release ofup to 3 years. In

addition to a term ofimprisonm entand supervised release, the C ourtm ay im pose a fine ofup to

$5,000,000,forcount1,and $250,000,forcount2,and m ay orderrestitution .

The defendant further understands and acknow ledges that, in addition to any

sentence im posed underparagraph 4 ofthisagreem ent, aspecialassessm entin theam ountof$400

w illbe im posed on the defendant.The defendantagreesthatany specialassessm entim posed shall

be paid atthc tim e ofsentencing.Ifadefendantis financially unableto pay the specialassessm ent,
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the defendantagreesto presentevidence to thisO ffice and the Courtatthetim e ofsentencing asto

thereasons forthe defendant'sfailure to pay.

This Oftice reserves the rightto infonn the Courtand the probation office ofa1l
6.
facts pertinent to the sentencing process, including al1 relevant inform ation concem ing the

offenses comm itted,whether charged or not, as well as concerning the defendant and the

defendant's background.Subject only to the express terms of any agreed-upon sentencing

recom m endations contained in this agreem ent,this O ffice further reserves the rightto m ake any

recom m endation asto the quality and quantity ofpunishm ent.

This Office agreesthat itw illrecom m end at sentencing thatthe Courtreduce by

tw o levelsthe sentencing guideline levelapplicable to the defendant's offense,pursuantto Section

3E1.1(a)ofthe Sentencing Guidelines,based upon thedefendant'srecognition and affinnative

and tim ely acceptance of personal responsibility.lf at the tim e of sentencing the defendant's

offense level is detennined to be 16 or greater, this O ffice w ill file a m otion requesting an

additionaloneleveldecreasepursuantto Section 3E1.l(b)oftheSentencingGuidelines,stating

thatthe defendanthas assisted authorities in the investigation or prosecution of the defendant's

own m isconductby timely notifying authorities ofthe defendant's intention to enter a plea of

guilty, thereby permitting the govelmm ent to avoid preparing for trial and permitting the

governm entand the Courtto allocate theirresources efficiently.ThisO ftice,how ever,w illnotbe

required to make thismotion ifthe defendant:(1)failsorrefusesto make afull,accurate and

com plete disclosure to the probation office ofthe circum stances surrounding the relevantoffense

conduct;(2)isfoundtohavemisrepresentedfactstothegovenunentpriortoenteringintothisplea
agreement;(3)commitsanymisconductafterenteringintothispleaagreement,includingbutnot

3
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lim ited to com m itting a state or federal offense,violating any term of release,or m aking false

statementsormisrepresentationstoany govenunentalentityorofficial;or,(4)failstofullyassist
in the forfeiture ofassets as setforth in thisplea agreem ent.

8. The defendantunderstands and acknow ledgesthatthe Courtis underno obligation

to granta m otion for reduction ofsentence filed by this Office.ln addition,the defendantfurther

understands and acknow ledges thatthe Court is under no obligation of any type to reduce the

defendant'ssentence because ofthe defendant's cooperation.

This O ffice and the defendantagree that,although notbinding on the probation

officeortheCourt,they willjointlyrecommend thattheCourtmakethe following findingsand

conclusions as to the sentence to be im posed'
.

A sto Count 1,the Office and defendantagree that:

The Base Offense Levelunder Section 2D1.1(a)(5) is 30,based

upon the am ount of dnlgs sold by the D efendant.The agreed quantity of drugs

involvedintheoffenseisequivalentto l,441kilogramsofmarijuana.
ii. TheAdiusted Offense Levelis30.
b. A sto Count2,the O ffice and defendantagree that:

TheBaseOffenseLevelunderSection2S1.1(a)(1)is30,basedupon
the defendant's underlying drug trafficking conviction.

M oney Laundeling: The D efendant should receive a 2 level

enhancementbaseduponhisj1956convictionunderSection2S1.1(b)(2)(B).
iii. TheAdiusted Offense Levelis32.
A sto Counts l and 2,the O ffice and defendantagree that:

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Counts 1 and 2 should be grouped as closely related under Section

3D1.2(c),witharesultinggroup offenselevelof32underSection 3Dl.3(a).

ii. The Com bined OffenseLevelofCounts1and 2 is32.

l0. The defendantisaw are thatthe sentence has notyetbeen determ ined by the Court.

The defendantalso isaw are thatany estim ate ofthe probable sentencing range orsentence thatthe

defendantm ay receive,w hetherthatestim ate com es from the defendant'sattom ey, thisO ffice,or

the probation office,isa prediction, nota prom ise,and isnotbinding on this Office,the probation

office or the Court.The defendantunderstands further that any recom m endation thatthis O ffice

m akes to the Court as to sentencing, whether pursuant to this agreem ent or othelw ise, is not

binding on the C ourt and the Court m ay disregard the recom m endation in its entirety. The

defendantunderstandsand acknowledges, aspreviously acknow ledged in paragraph 3 above, that

the defendant m ay not w ithdraw his plea based upon the Court's decision not to accept a

sentencing recom mendation m ade by the defendant, this O ffice, or a recom m endation m ade

jointlybythedefendantandthisOffice.
The defendant also agrees to assist this O ffice in a11 proceedings, w hether

administrativeorjudicial,involvingtheforfeituretotheUnited Statesofa1lassets, including real

and personal property, cash, and other m onetary instrtzm ents, w herevcr located, which the

defendant, or others to the defendant's know ledge, have accum ulated as a result of illegal

activities,or are forfeitable as substitute assets in the place of assets accum ulated as a resultof

illegalactivities.Such assistance w illinvolve the defendant's agreem entto the entry of an order

enjoining the transfer or encumbrance ofassets that may be identified as being subjectto
forfeiture,including, butnotlim ited to,those specific realand personalproperties and m onetary
Case 1:16-cr-20769-DMM Document 31 Entered on FLSD Docket 12/12/2016 Page 6 of 7

assets set forth in the forfeiture counts of the indictm ent.A dditionally,the defendant agrees to

identifyasbeingsubjectto forfeiturea11such assets,andtoassistinthetransferofsuchproperty,

w hetherheld by the defendantindividually orby a third party known to him ,to the United States

by delivery to this O ftice al1necessary and appropriate docum entation w ith respectto said assets,

including consents to forfeiture,quit claim deeds and any and al1other docum ents necessary to

deliver good and m arketable title to said property. The defendant further know ingly and

voluntarily:(l)waivesallconstitutional,legalandequitabledefensestotheforfeitureoftheassets
inanyjudicialoradministrativeproceeding,(2)waivesanyapplicabletimelimitsfortheinitiation
ofadministrative orjudicialforfeitureproceedings,(3)waivesany claim ordefense underthe
Eighth Am endm entto the United States Constitution,including any claim ofexcessive fine,and

(4)waivesanyrighttoappealtheforfeiture.
The defendantis aw are thatTitle 18,U nited States Code,Section 3742 and Title

28,United StatesCode,Section 1291 afford the defendantthe rightto appealthe sentenceim posed

in this case.Acknowledging this,in exchange forthe undertakingsm ade by the United States in

thisplea agreem ent,thedefendanthereby waivesallrightsconferred by Sections3742 and 1291to

appealany sentence im posed,including any restitution order,orto appealthe m annerin which the

sentence w as im posed,unless the sentence exceeds the m axim um pennitted by statute or is the

resultofan upw al'd departure and/oran upw ard variancefrom the advisory guidelinerangethatthe

Courtestablishes atsentencing.The defendantfurtherunderstands thatnothing in this agreem ent

shallaffectthe govem m ent's right ancl/or duty to appeal as set forth in Title 18, United States

Code,Section 37424b)and Title 28,United StatesCode,Section 1291.However,iftheUnited

Statesappealsthedefendant'ssentencepursuanttoSections3742(b)and 1291,thedefendantshall

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bereleased from the above waiverofappellate rights.By signing this agreement,the defendant

acknowledgesthatthedefendanthasdiscussed the appealwaiversetforth in thisagreem entwith

the defendant's attorney.

This is the entire agreem ent and understanding betw een this O ffice and the

D efendant.There are no otheragreem ents,prom ises,representations,orunderstandings.

W IFREDO A .FERRER
UN ITED STA TES A TTO RN EY

Date: & l& By:

FRAN C ISCO R .M A D ERAL

A SSISTAN T U N ITED STATES A TTORN EY

Date: lz/fl /o By:j ' 5.

H ELA m E BATOFF & RA IN BO W W ILLA RD
A TTO RN EY FO R D EFEN DA N T

o ate: 1 t?-.
?tty By:

R OBERT K EN N ETH D ECK ER

DEFEN D AN T