Federal Plea Agreement For Darrell Frazier of Chattanooga (1989)

.
"
IN THE UNITED STATES DISTRICT COURT FOR

Fl t_ ED
THE EASTERN DISTRICT OF TENNESSEE
souTHERN DivisioN S:r 20 I 51 fi! '69
UNITED STATES OF AMERICA )
)
v. )
)
DARRELL FRAZIER )
PLEA AGREEMENT
Pursuant to Rule 11 of the Federal Rules of Criminal
Procedure, the United States of America, by John W. Gill, Jr.,
United States Attorney for the Eastern District of Tennessee, and
the defendant, Darrell Frazier, and his attorney, Charles Dupree,
have agreed upon the following:
1. The defendant agrees to plead guilty to count 1 of
the Indictment charging him with a violation of 21 u.s.c. § 846,
willfully, knowingly, intentionally and without authority com-
bining, conspiring, confederating and agreeing with Larry Hoy and
others to distribute and possess with the intent to distribute
cocaine hydrochloride, a Schedule II narcotic controlled substance.
The parties further agree that the appropriate disposition of this
case would be the following:
(a) The Court may impose any lawful term of imprisonment;
(b) The Court may impose any lawful fine andjor;
(c) The Court may impose any lawful term of probation or
supervised release.
2. The defendant further agrees to cooperate fully,
truthfully, and completely with any and all law enforcement agents
including but not limited to personnel of the United States
Case 1:89-cr-00056-DCLC-CHS Document 145 Filed 09/20/89 Page 1 of 4 PageID #: 254

Attorney's office. This cooperation includes, but is not limited
to, meeting with such law enforcement agents or United States
Attorney's personnel whenever requested. The defendant further
agrees not to protect anyone who was truly involved and not to
falsely implicate anyone who was not truly involved. The defendant
further agrees to testify fully, truthfully and completely before
a federal grand jury if called upon to do so, and to testify fully,
truthfully, and completely at any trial if called upon to do so.
3. The defendant understands and acknowledges that his
agreement to cooperate fully, truthfully, and completely is an
integral part of this agreement and that upon his failing to do so
the United States will be free to withdraw from this plea
agreement.
4. The defendant further understands that nothing in
this agreement shields him from prosecution for perjury in the
event that he commits such an offense. The defendant further
understands that should the defendant commit perjury, the United
States will be free to prosecute him for that offense and further
that the United States will be free to withdraw from this plea
agreement.
5. The United States further agrees that any self-
incriminating information provided by the defendant pursuant to his
cooperation under this written plea agreement (outlined above) will
not be used against the defendant. The defendant, however,
recognizes that nothing in this plea agreement shall be applied to
restrict the use of information (1) known to the government prior

to entering into this written plea agreement; (2) in any prosecu-
tion for perjury or giving of false statements; or (3) in the event
that there is a breach of the plea agreement by the defendant.
6. At the time of sentencing the United States agrees
to bring to the Court's attention the nature, extent, and value of
the defendant's cooperation. This information will be provided to
the Court so that it may be considered in determining a fair and
appropriate sentence under the facts of the case.
7. The defendant acknowledges that he understands that
his case is governed by the Sentencing Guidelines and that any term
of imprisonment imposed under the guidelines is nonparolable. The
defendant further acknowledges that he understands that the Court
will determine the appropriate sentence under the Sentencing
Guidelines and that this determination will be based upon the
entire scope of his criminal conduct, his criminal history, and
pursuant to other factors and guidelines set forth in the
Sentencing Guidelines.
8. The defendant further agrees not to file any motions
or pleadings pursuant to 28 u.s.c. § 2255. Specifically, the

defendant knowingly, intentionally, and voluntarily waives his
right to collaterally attack the plea being offered in the instant
case. Defendant further acknowledges that a breach of this clause
of the plea agreement would leave the United States free to
withdraw from the plea agreement.
9. The United States further agrees not to file a Notice
of Intent to Seek Enhanced Punishment relating to the defendant's

prior drug-related felony convictions under 21 u.s.c. § 841(b).
The defendant recognizes, however, that his prior convictions will
be considered in determining his criminal history category under
the United States Sentencing Commission's Sentencing Guidelines.
The defendant further recognizes that his prior convictions will
serve as enhancement factors in determining the defendant's
ultimate sentencing range to be imposed by the Court.
10. The United States further agrees to recommend to the
state of California authorities that the charges stemming from
defendant Frazier's arrest on September 19, 198~ be dismissed.
11. The parties further agree that this plea agreement
constitutes the full and complete agreement and understanding
between the parties concerning the defendant's guilty plea to the
above-referenced charge, and that there are no other agreements,
promises, undertakings, or understandings between the defendant and
the United States.
JOHN W. GILL, JR.

United States Attorney
Steven H. Cook
Assistant U. S. Attorney
Darrell Frazier
Defendant
G~~~
harles Dupre , Attorney
for Defendant

Federal Plea Agreement For Darrell Frazier of Chattanooga (1989)

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Federal Plea Agreement For Darrell Frazier of Chattanooga (1989)

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.

IN THE UNITED STATES DISTRICT COURT FOR

Pursuant to Rule 11 of the Federal Rules of Criminal

Procedure, the United States of America, by John W. Gill, Jr.,

United States Attorney for the Eastern District of Tennessee, and

the defendant, Darrell Frazier, and his attorney, Charles Dupree,

have agreed upon the following:

1. The defendant agrees to plead guilty to count 1 of

the Indictment charging him with a violation of 21 u.s.c. § 846,

willfully, knowingly, intentionally and without authority com-

bining, conspiring, confederating and agreeing with Larry Hoy and

others to distribute and possess with the intent to distribute

cocaine hydrochloride, a Schedule II narcotic controlled substance.

The parties further agree that the appropriate disposition of this

case would be the following:

(a) The Court may impose any lawful term of imprisonment;

(b) The Court may impose any lawful fine andjor;

(c) The Court may impose any lawful term of probation or

2. The defendant further agrees to cooperate fully,

including but not limited to personnel of the United States

Case 1:89-cr-00056-DCLC-CHS Document 145 Filed 09/20/89 Page 1 of 4 PageID #: 254

to, meeting with such law enforcement agents or United States

Attorney's personnel whenever requested. The defendant further

further agrees to testify fully, truthfully and completely before

a federal grand jury if called upon to do so, and to testify fully,

truthfully, and completely at any trial if called upon to do so.

3. The defendant understands and acknowledges that his

agreement to cooperate fully, truthfully, and completely is an

integral part of this agreement and that upon his failing to do so

the United States will be free to withdraw from this plea

4. The defendant further understands that nothing in

this agreement shields him from prosecution for perjury in the

event that he commits such an offense. The defendant further

understands that should the defendant commit perjury, the United

5. The United States further agrees that any self-

incriminating information provided by the defendant pursuant to his

cooperation under this written plea agreement (outlined above) will

not be used against the defendant. The defendant, however,

recognizes that nothing in this plea agreement shall be applied to

restrict the use of information (1) known to the government prior

Case 1:89-cr-00056-DCLC-CHS Document 145 Filed 09/20/89 Page 2 of 4 PageID #: 255

tion for perjury or giving of false statements; or (3) in the event

that there is a breach of the plea agreement by the defendant.

6. At the time of sentencing the United States agrees

to bring to the Court's attention the nature, extent, and value of

the defendant's cooperation. This information will be provided to

the Court so that it may be considered in determining a fair and

appropriate sentence under the facts of the case.

7. The defendant acknowledges that he understands that

of imprisonment imposed under the guidelines is nonparolable. The

defendant further acknowledges that he understands that the Court

will determine the appropriate sentence under the Sentencing

Guidelines and that this determination will be based upon the

entire scope of his criminal conduct, his criminal history, and

pursuant to other factors and guidelines set forth in the

8. The defendant further agrees not to file any motions

or pleadings pursuant to 28 u.s.c. § 2255. Specifically, the

right to collaterally attack the plea being offered in the instant