Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 1 of 8 UM TED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

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1 %. Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 1 of 8 UM TED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: CR-ROSENBERG UNITED STATES OF AMERICA VS. DARREN ARNESS JACIQSON a/k/a RDaoud,'' Defendant. / PLEA AGREEMENT The United States Attom ey's Office for the Southem District of Florida (çtlis Of5ce') and Darren Arness Jackson (hereinafter refr ed to as the tdefendanf') enter into the folowing agreenaent: rhe defendant am ees to plead guilty to Count One of the Indictm ent charging him with Conspiracy to Provide M aterial Support to a Foreir Terrorist Orgnnization (Islnmic State of Iraq and the Levant), in violation of Title 18, United States Code, Section 2339B(a)(1). 2. This Office agrees to. seek dismissal of Count Two of the Indictment, as to this defendant, aûer sentencing. 3. 'Fhe defendant is aware that the sentence wilbe imposed by the Court after considezing the advisory Federal Sentencing Guidelines and Policy Statements (hereinaher çsentencing Guidelines'). The defendant acknowledges and understands that the Court wil compute an advisory sentence under the Sentencing Guidelines ahd that the applicable guidelines wili be detennined by the Court relying in part on the results of a pre-sentence investigation by the Court's probation ofice, which investigation wil comm ence aqer the guilty plea has been entered. The

2 Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 2 of 8 defendant is also aware that, under certain circumstances,, the Court may depart 9om the advisory sentencing guideline range that it has computed, and m ay raise or lower that advisory sentence under the Sentencing Guidelines. The ddfendant is further aware and understands that the Court is required to consider the advisory guideline range determined under the Sentencing Guidelines, but is not bound to impose a sentence witllin that advisory range; the Court is perm itted to tailor the ultim ate sentence in light of other statutory concem s, and such sentence m ay be either more severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts, the defendant understands and acknowledges that the Court has the authodty to im pose any sentence within and up to the statm ory m axim lm authorized by 1aw for the offenses identised in paragraph 1 and that the defendant m ay not withdraw the plea solely as a result of the sentence imposed. 4. 'lnhe defendant also understands and acknowledges that as to Count One, the Court m ay impose a statutory maximum term of impdsonment of up to twenty (20) years, followed by a term of supervised release of any term of years or life. 1f1 addition to a term of im prisonm ent and supervised release, the Court m ay impose a fine of up to $250,000. The defendant acknowledges that the Court m ay also im pose crim inal forfeiture. The defendant further understands and acknowledges that, in addition to any sentence im posed under parav aph 4 of this agreem ent, a special assessment in the nm ount of $ wil be im posed on the defendant. The defendant av ees that any special mssessm ent im posèd shall be paid at the tim e of sentencing. lf a defendant is snancialy unable to pay the special assessm ent, the defendant av ees to present evidence to this O ffice and the Court at the tim e of sentencing as to the reasons for the defendant's failure to pay. 6. This O ffice reserves the right to inform the Court and the probation oflce of all facts pertinent to the sentencing process, including a1 relevant inform ation concem ing the offenses 2

3 Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 3 of 8 com mitted, whether charged or not, as wel as concem ing the defendant and the defendant's backvound. Subject only to the express terms of any areed-upon sentencing recommendations contained in this av eem ent, this Office further reserves the right to m ake any recom m endation as to the quality and quantity of punishm ent. This Ofsce av ees that it will recom m end at sentencing that the Court reduce by two levels the sentencing guideline level applicable to the defendant's offense, pursuant to Section 3E1.1(a) of the Sentencing Guidelines, based upon the defendant's recognition and ao rmative and tim ely acceptance of personal responsibility. lf at the tim e of sentencing the defendant's offense level is determined to be 16 or reater, tllis Ofsce wil 5le a motion requesting an additional one level decrease pursuant to Section 3E1.1(b) of the Sentencing Guidelines, stating that the defendant has assisted authorities in the investigation or prosecution of the defendant's own misconduct by tim ely notifying authodties of the defendant's intention to enter a plea of gtjlty, thereby permitting the govemment to avoid preparing fortrial and permiting the govem m ent and the Court to alocate their resources efsciently. This O fice, how ever, wil not be required to make this motion if the defendant: (1) fails or refuses to make a 1 1, accurate and complete disclosure to the probation office of the circum stances surrounding the relevant offense conduct; (2) is found to have misrepresented facts to the government prior to entering into this plea apeement; or (3) commits any misconduct aoer entering into this plea ar eement, including but not lim ited to com mitting a state or federal offense, violating any tenn of release, or m aking false statem ents or m isrepresentations to any govem m ental entity or official. 8. The defendant is aware that the sentence has not yet been determined by the Court. The defendant also is aw are that any estim ate of the probable sentencing range or sentence that the defendant m ay receive, w hether that estim ate com es âom the defendant's attom ey, this O ffice, or 3

4 Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 4 of 8 the probation ofsce, is a prediction, not a prom ise, and is not binding on tlzis Oo ce, the probation offce or the Court. The defendant understands further that any recomm endation that this Ofdce m akes to the Court as to sentencing, whether pursuant to this ap eement or otherwise, is not binding on the Court and the Court m ay disregard the recomm endation in its entirety. The defendant tmderstands and acknowledges, as previously acknowledged in paragraph 3 above, that the defendant m ay not withdraw his plea based upon the Court's decision not to accept a sentencing recommendation made by the defendant, this Office, or a recommendation made jointly by the defendant and this Offce. 9. The defendant ar ees that he shal cooperate fuly with this Ofsce by: (a) providing truthf'ul and complete inform ation and testimony, and producing docum ents, records and other evidence, when called upon by this Offce, whether in interviews, before a vand jury, or at any trial or other Court proceeding; and (b) appeadng at such vapdjury proceedings, hearings, tdals, and otherjudicial proceedings, and at meetings, as may be required by this Office. 10. 'Fhe defendant also further ap ees to fuly cooperate and assist the Governm ent in the forfeiture of the listed property and to take whatever steps are necessary to pass clear title to the United States, including, but not lim ited to, the surrender of docum ents of title, execution of any doclzm ents necessary to transfer his interest in any of the above property to the United States, execution of a consent to forfeiture or other docum ents as m ay be needed to fully accom plish the forfeiture and vest title in the United States. Defendant further knowingly and voluntarily waives the following rights as to assets subject to forfeiture: (1) a11 constitutional, legal and equitable defenses to the forfeiture of the assets in anyjudicial or administrative proceeding; (2) anyjudicial $ or administrative notice of forfeimre and related deadlines; (3) any jeopardy defense or claim of double jeopardy, whether constimtional or statutory; (4) any claim or defense under the Eighth 4

5 Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 5 of 8 Am endm ent to the United States Constitution, including any claim of excessive sne, to the forfeiture of these assets by the United States; and (5) any right to appeal any order of forfeiture entered by the Court pursuant to this plea ap eem ent. Defendant further understands that the forfeiture of such property shal not be treated as satisfaction or offset against any fme, restitution, cost of imprisonm ent, or any other penalty this court m ay impose on the defendant 'rhe United States and the defendant agree that, although not binding on the probation ofdce orthe Court, the upward adjustments of Guidelines j 3A1.4 (offense is a felonythat involved or was intended to promote a federal crime of tenorism) apply to the defendant's base offense level and crim inal history category. 12. rfhe U nited States and the defendant agree that, although not binding on the probation offce or the Court, no other upward adjuse ents to the advisory Guidelines other th% that set out in paragraph 1 1, above (that is, j 3A1.4) are applicable. 13. The Defendant agrees to forfeit to the United States voluntarily and imm ediately a11 of lis right, title and interest to the folowing which are subject to forfeiture pursuant to Title 28, United States Code, Section 2461 and Title 18, United States Code, Section 981(a)(1)(G): a. Saiga.12 gauge shotgun (SN: ) b. Saiga 7.62 X 39mm (A 1-47 pattem) assault lifle (SN: ) c. Glock 19 pistol (9mm) (SN: TSA017) d. Ruger SR-40 pistol (.40 caliber) (SN: ) e. Mosin Nagant Sniper Rifle (7.62) (SN: 88836) 14. Tlzis O ffce reserves the right to evaluate the nature and extent of the defendant's cooperation and to make that cooperation, or lack thereotl known to the Court at the time of sentencing. 1: in the sole and unreviewablejudpnent of this Ofsce, the defendant's cooperation 5

6 Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 6 of 8 is of such quality and significance to the investigation or prosecution of other crim inal matters as to warrant the Court's downw ard departure from the advisory sentencing range calculated under the Sentencing Guidelines and/or any applicable m inim um m aldatory sentence, this Office m ay m ake a motion prior to sentencing ptlrsuant to Section 5K 1.1 of tlze Sentencing Guidelines and/or Title 18, United States Code, Section 35534$, or subsequent to sentencing pursuant to Rule 35 of the Federal Rules of Criminal Procedure, inform ing the Court that the defendant has provided substantial assistance and recom m ending that the defendant's sentence be reduced. rfhe defendant understands and am ees, however, that nothing in this agreem ent requires this Ofsce to fle any suc h motions, and that tlzis O fce's asesment of the qua/ity and significance of the defendant's cooperation shal be binding as it relates to the appropriateness of this Office's filing or non-filing of a motion to reduce sentence. 15. 'Fhe defendant understands and acknowledges that the Court is under no obligation to grant a m otion for reduction of sentence filed by this Office. In addition, the defendant farther understands and acknowledges that the Court is under no obligation of any type to reduce the defendant's sentence because of the defendant's cooperation. 16. 'Fhis Office represents that the undersigned prosecutor is unaw are of any information establishing the factual innocence of the defendant in the offenses referred to in paragraph one of this av eem ent. This Offce understands it has a continuing duty to provide such information establishing factual irmocence of the defendant. The defendant tmderstands that if this case proceeded to trial, this O m ce would be required to provide im peachm ent inform ation relating to any infonnants or other witnesses. In addition, if the defendant raised an ao rm ative defense, tlis Ofsce would be required to provide inform ation in its possession that supports such a defense. Further, if this case proceeded to trial, this Office w ould be required to provide other inform ation 6.

7 Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 7 of 8 and m atezials in accordance with Fed. R. Crim. P. 16 and the Southem District of Florida's Standing Discovery Order. In rettml for the Govem m ent's promises set forth in tlzis av eem ent, the defendant waives the right to receive in discovery any such inform ation and matedals other than inform ation and m aterials establishing the factual innocence of the defendant, and ar ees not to attempt to withdraw the guilty plea or to file a colateral atack based on the existence of such inform ation and materials other than inform ation and m atedals establish ng the facm al irmocence of the defendant. SENTENCING M PEAL WAM R 17. The defendant is aw are that Title 18, United States Code, Section 3742 and Title 28, United States Code, Section 1291 afford the defendant the right to appeal the sentence im posed in this case. Acknowledging this, in exchange for the undertnkings m ade by the United States in / this plea ar eem ent, the defendant hereby waives a1 rights conferred by Sections 3742 and 1291 to appeal any sentence im posed, including any restitution order, or to appeal the m armer in which the sentence was im posed, unless the sentence exceeds the m axim um perm itted by statute or is the result of an upw ard departure and/or an upward variance 9om the advisory guideline range that the Court establishes at sentencing. The defendant further underétands that nothing in this ar eem ent shall affect the govem m ent's right and/or duty to appeal as set forth in Title 18, United States Code, Section 37421) and Title 28, United States Code, Section However, if the Urlited States appeals the defendant's sentence pursuant to Sections and 1291, the defendant shall be released 9om the above w aiver of appelate rights. By signing this av eem ent, the defendant acknowledges that the defendant has discussed the appeal waiver set forth in this ar eem ent w ith the defendant's attorney. 7

8 Case 9:16-cr RLR Document 112 Entered on FLSD Docket 04/04/2017 Page 8 of Defendant further understands that a breach by him of any condition of this plea ap eem ent m ay render this av eem ent nul and void at the option of the United States. He further understands that should that occtm the United States m ay refile the charges dism issed pursuant to Parap aph 2 above and m ay pursue any additional charges arising 9om the criminal activity under investigation as wel as any perjury, falsù statement, or obstruction of justice charges which may have resulted. 19. 'This is the entire agreement and understanding between tlzis O fice and the defendant. There are no other ap eem ents, prom ises, representations, or understandings. oate: H d fe oate: 3-3 Q -1 7 Date:3-3:- 17 By: BENJAMW G. GIIEENBERG ACTING UNITED T TES ATTOM EY t- EDW ARD C. NUCdI ASSISTANT UNITED STATES ATTORNEY JUL E PM G W ANALE AT ORNEY FOR DEFENDANT 1 w o ARREN ARN JACKSON DEFENDA 8