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PURSUANT TO THE LAW SURROUNDING SECTION 11(c)(1)(c) THE COURT AND GOVERNMENT INDEPENDENTLY OR JOINTLY  HAVE THE POWER TO ACCEPT THE PLEA BUT  NONETHELESS REDUCE THE PENALTY IMPOSED

Normally, the basis of sentencing is the judge’s consideration of the Guidelines applicable to the offense, along with their examination of the §3553 factors. Peugh v. United States, 133 S.Ct. 2072 (2013). Rule 11(c)(1)(C) encumbers the judge’s substantial discretion by “[permitting] the defendant and the prosecutor to agree that a specific sentence is appropriate,” and to then submit their joint proposal to the court. Freeman v. United States, 131 S.Ct. 2684 (2011). It would appear beyond cavil that the purpose of Rule 11(c)(1)(C) is to permit the government and the defendant not only to “allocate risk [and] obtain benefits,” but equally, to “achieve finality and save resources.” United States v. Quinones, 511 F.3d 289, 323 (2d Cir. 2007). Nevertheless, it remains the province and duty of the judge “in every case … to impose an appropriate sentence. Freeman, at 2692.

To be sure, a sentencing judge retains discretion to accept or reject any plea agreement made pursuant to Rule 11(c)(1)(C). That the parties may, under Rule 11, fashion an agreement as to the appropriate sentence does not “discharge the district court’s independent obligation to exercise its discretion,” and indeed, a judge is forbidden from accepting an agreement “without first evaluating the recommended sentence in light of the defendant’s applicable sentencing range.” Id. The court “retains absolute discretion whether to accept a plea agreement, but once it does it is bound at sentencing to give effect to the parties agreement as to the appropriate term of imprisonment.” Id., at 2696, Sotomayor concurring in the judgment.

There are rare exceptions to this rule, such as when a judge accepts a (c)(1)(C) agreement on the basis of sentencing guidelines that are later amended to suggest a lower sentence, Freeman, supra, or where a judge must exercise his equitable discretion in order to remedy a constitutional violation. United States v. White, 429 Fed.Appx. 43 (W.D.N.Y. 2011). Moreover, the undersigned believe that in instances such as the one at bar, circumstances may be presented that are so compelling, overwhelming, and long-standing, that a court may leave room for additional consideration.

As mentioned, the court maintains discretion to determine whether a sentence is appropriate prior to accepting a plea agreement. The Court at that time must evaluate the proposed sentence in light of the guidelines, as well as the §3553 factors. Peugh v. United States, 133 S.Ct. 2072 (2013), citing Gall v. United States, 552 U.S. 38, 49. During that time, the judge may comment on or suggest alternative dispositions more amenable to his evaluation of the §3553 factors and the guidelines. See, e.g. United States v. Figueroa, 2012 WL 2923288 (W.D.N.Y 2012), regarding transcript evidence of the judge’s pre-sentence explanation of the process of accepting a plea.

The undersigned urge this Court to consider the proposed sentence under the §3553 factors as unduly harsh. However, the Court in so rejecting the instant (c)(1)(C) deal as excessive and disproportionately punitive, might suggest to the government a less severe, but equally effective resolution. For example, a sentence constituted of some combination of house arrest, community service, and a significantly reduced prison term of no more than a year and a day (or its equivalent with good time) would be at least as consistent with the purposes of the Guidelines and §3553.

Your honor is certainly unconstrained with respect to the exercise of discretion precedent to the acceptance or rejection of the proposed (c)(1)(C). Notwithstanding the values of finality and efficiency embodied by Rule 11(c)(1)(C), a fair result is, no doubt, of greater value both to this defendant, and to the integrity of the judicial system writ large.

Additionally, the government may itself propose to alter the terms of the agreement; may include in an agreement a clause allowing either party to move for an upward or downward adjustment at or even after sentencing; or may at any time move the court to impose a lesser sentence than that originally proposed. See, e.g.: United States v. King, 543 Fed.Appx. 99 (E.D.N.Y. 2013), reciting that sentence was imposed pursuant to the Rule 11(c)(1)(C) agreement as well as “the government’s requests … that the court depart downward”; United States v. Adams, 2014 WL 4745936 (S.D.N.Y. 2014), indicating that by the terms of the Rule 11 agreement, “either party could, directly or indirectly, seek a sentence outside the stipulated range based on §3553(a) factors.”; United States v. Marks, 890 F. Supp2d 248 (W.D.N.Y. 2012), distinguishing the government’s (c)(1)(C) offer from one whose terms might “contain an ability for [defendant] to seek a reduction…”.

The above cases clearly indicate that it is within the power of the court to reject the agreement while proposing an acceptable alternative. The case law also demonstrates that it is within the power of the government to refine the agreement as to its terms, allowing defendant more latitude to seek a departure, as well as to suggest to the court a reduction in sentence.

 

11(c)(1)(C)

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  • Joseph Anthony (JoJo) Camp arrested lol! says:

    HA! Fucker liked to brag about his 11c1c plea. Let’s see if he can get another one.

    Stalker gets arrested for stalking! Rot in Hell, JoJo. You lost at life. Fucker! Fuck you, Sue Basko, too. You’re next. Crooked psycho narcissist co-conspirator. You gonna hide without your sociopath to protect you?

    http://jeffco.us/wil/search.do;jsessionid=0F1D910D58621C27ED3D6379FC3304B0

    http://www.bullyville.com/uploads/files/Camparrested892016_1.png

    http://www.irontroll.com/2016/08/jojo-camp-arrested-again-assault.html

    JoJo Camp was arrested yesterday in Lakewood, Colorado. He is currently being held on numerous charges including displaying a deadly weapon, stalking, harassment, violating a restraining order, assault, and bribery.

    JoJo, who hasn’t been out of jail much in recent years, made national headlines when he hacked a university computer network, fled the state, and then was apprehended while trying to sell the identities of thousands of students and faculty to an undercover FBI officer.

    JoJo spent time in prison for the hacking and was released early only to be sent back to finish out his sentence after stalking and harassing a Florida lawyer and her child.

    After being released a second time, JoJo continued his harassment of the lawyer and had a permanent restraining order put out against him last year. Naturally he chose to ignore the PRO but left New York and moved to Colorado.

    JoJo attempted to start a business and a new life in Colorado in Mime related activities (yes, Mime) but wasn’t too successful. He was arrested early Tuesday morning after being set up by one of his victims. It appears he’s being held without bail.

    Mr Camp was running as an independent candidate for Colorado House District 1. Let’s hope this arrest doesn’t interupt his campaign too much.

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  • Donald Brown #13301-02 Williamsburgh FCI1 says:

    Careful what you plead to.

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  • Anonymous says:

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  • Sue Basko says:

    Sue Basko Hatemail Central
    BY KILGOAR, ON JULY 29TH, 2013
    Sue Brasko
    Sue Brasko
    Here at the Internet Chronicle we rarely, if ever, receive hatemail thanks to our impeccable human rights record. It seems, however, that two articles have upset a famous lawyer who is widely known for being a “highly intelligent, highly educated, very personable, very caring, good person,” or at least that’s how Sue Basko characterized herself after sending us a battery of insulting e-mails.

    I’ve seen the Rustle League torment this “lawyer,” something I took no part in, and they now use a “Basko” as the standard unit for measuring easy trolling targets. In one satiric article, I did write up a quick caricature of Basko and clued in readers that it was a joke by changing her name to “Brasko.” In another article about her “client,” Aaron Bale, Basko’s connection to a very strange press release is given a skeptical glance. One update to this article included information taken from a chat log attributed to Bale, which may or may not be legitimate, and after a complaint from Basko I included an extra disclaimer. That wasn’t enough. Basko went into full hate mode. Her email has been included in blockquotes, and my email response is in italics.

    DEFAMATION REMOVAL DEMAND// LEGAL ACTION WARNING
    CHRONICLE: THIS MUST BE REMOVED IMMEDIATELY in full:
    http://www.chronicle.su/news/aaron-bale-raided-according-to-press-release/
    IF IT IS NOT, YOU WILL FACE LEGAL ACTION. You have been warned twice already.
    Also, your “publication” must remove any and all mention to me and to any of my clients, including Aaron Bale. Your publication must remove all falsehoods and garbage in which I am called “Sue Brasko,” and fake photos of me are posted.
    The photo is a joke meant to characterize your online persona, and I used the name Sue Brasko in the satirical article to clue people in that it is a joke. I do not care if you find it funny or not. If I had to remove everything someone out there thought wasn’t funny, I’d no longer be able to write anything.
    The “writer” “Kilgoar” is not a good writer, posts lies, posts defamation (insulting lies). This “article” is filled with nothing but defamation. Much of it is defamation per se, meaning it is such bad defamation on its face that damages are assumed.
    THIS ARTICLE ALSO ENGAGES IN OBSTRUCTION OF JUSTICE against Aaron Bale. “Kilgoar” is posting lies intentionally, trying to interfere with an FBI / NSA investigation.
    [NSA investigation? Seriously?]
    The article linked above uses indeterminate language, “Chat logs show claims,” and I even updated the article despite the insulting tone of your complaint, because I am actually interested in getting to the truth behind Aaron Bale — excuse me — Cliff Potts and his laughable press release.
    IN addition, this sick person “Kilgoar” has engaged long term in a hate and lies against me and my clients and those I assist.
    Extraordinary claims require extraordinary evidence. For the record, I have no personal feelings against you, even after emails like this. I do feel a bit sorry because they seem to indicate an emotional problem.
    [I wrote one silly story and now I’m involved in a long term hate campaign!]
    This person MUST CEASE AND DESIST. YOUR “PUBLICATION,” ITS OWNERS, ETC CAN BE SUED FOR DEFAMATION AND OTHER CAUSES OF ACTION BASED ON THIS.
    IN ADDITION, we are filing criminal complaints against “Kilgoar” for posting links to false IRC chats and now for posting falsehoods against Aaron Bale.
    You are allowing a mentally disturbed, demented, unprofessional, dangerously deceitful person to write for you.
    Please understand that I amended the article with all pertinent information after you claimed these were false IRC logs. Remember I never framed them as true to begin with. It would be unreasonable, and in fact irresponsible, for me to dismiss these chat logs altogether. As for “falsehoods against Aaron Bale,” you haven’t named any specific things you’d like me to look into or possibly fix. I will not respond to bullying like this, as you have no interest in correcting any possible mistakes or even mentioning them — you just want to scare me into taking the article down with no legal basis.

    PLEASE NOTE: We have received extortionate emails and are having those traced. We strongly suspect those came from “Kilgoar.” The FBI is also investigating those emails, because it is a person trying to create an obstruction of justice.

    THERE IS NO ONE ELSE TRYING TO INTERFERE WITH AARON BALE, other than “Kilgoar.” This same sick person “Kilgoar” also attempted to meddle in the case of “Aaron Socio.”
    I am inclined to believe you are a persona created by Bale.
    I’ll get you, and your little dog, too! What a world, what world! [Basko then melts]
    That last part wasn’t really in her email, but it sums up the responses that came next.
    Re: DEFAMATION REMOVAL DEMAND// LEGAL ACTION WARNING
    To “Kilgoar” and the Chronicle.Su Owners:

    You have been asked politely to remove the “articles” because they are lies, defamations, smears, and misinfo.
    My next step is to file a lawsuit against you/ the Chronicle, and/or to report you to the FBI for interference in my legal work and in their investigations, as well as for repeat online harassment.
    My online persona, as well as my in-person persona, is of a highly intelligent, highly educated, very personable, very caring, good person. I am called upon regularly to assist both nationally and internationally with situations involving media, internet, and the law.
    The fact that you need to tell lies about this, and smear me, shows what you are about. And it isn’t good.
    When you mock and lie about a good, helpful intelligent person – -that does not make you look smart. It makes you look bad, unhelpful, and stupid – – which is how everyone views you. You are what you do, and that is what you do.
    — Susan Basko, Lawyer
    DAFAMATION DEMAND FOLLOW-UP
    TO WHOM IT MAY CONCERN:

    The Chronicle.SU and “Kilgoar” have published lies, defamation, false photographs, links to false materials, etc. against both me and my clients.
    I have previously sent a take-down demand. I received an utterly asinine response sent from “Kilgoar.”
    My next step is to file a lawsuit against the Chronicle and its “writer,” and/or to file FBI complaints for continuous internet harassment, interference with my legal work, interference and trying to frame one of my clients, creation of false evidence, etc.
    I will also publicize and spread the word to any and all of your advertisers that you are doing this, along with the moronic responses from “Kilgoar.”
    MY INTENTION IS TO BEGIN THIS EVENING.
    Sincerely,
    Susan Basko
    ATTENTION: CHRONICLE.SU / “KILGOAR”

    The Chronicle.su and the “writer” using the pseudonym Kilgoar have posted a photograph of Aaron Bale the copyright of which is owned by Aaron Bale. The photograph has appeared on Chronicle.su numerous times as well as on links posted by “kilgoar” on Twitter.
    Use of the photo is a violation of Copyright law and can subject you to payment of up to $150,000 for each violation/ use. Willful use of the photo can also be punished as a criminal offense.
    ANY USE OF THE PHOTO AFTER THIS NOTICE HAS BEEN SENT SHALL BE DEEMED WILLFUL.
    You do not have permission to use ANY photo of Aaron Bale.
    YOU MUST REMOVE ALL PHOTOS OF AARON BALE FROM THE CHRONICLE.SU, OFF ANY LINKS APPEARING ANYWHERE, AND MUST NEVER REPORT.
    NOTICE: DMCA NOTICE.
    Signed: /Susan Basko/ Lawyer for Aaron Bale

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