RaylonJonesPlea

8/9/2019 RaylonJonesPlea

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RECEIVEDAPR 202010

IN THE UNITED STATES DISTRICT COURT CLERK U.S. DISTRICT COURTFOR THE SOUTHERN DISTRICT OF IOWA SOUTHERN DISTRICT OF IOWAUNITED STATES OF AMERICA,

Plaintiff,v.

RAYLON DESHON JONES,Defendant.

))))))))))

Criminal No.3 :09-cr-119

PLEA AGREEMENT

IT IS HEREBY AGREED by and between the plaintiff, the United States of America,and the defendant, RAYLON DESHON JONES, (hereinafter "Defendant"), and respectivecounsel, as follows:

A. CHARGES1. Subject Offense. Defendant will plead guilty to Counts 1 and 2 of the Indictment

dated December 16,2009. Count 1 charges a violation ofTitle 18, United States Code, Sections2113(a), 2113(d) and 2, that is, bank robbery with a dangerous weapon. Count 2 charges aviolation ofTitle 18, United States Code, Section 924(c) and 2, that is, possession of a firearm infurtherance of violent crime.

2. Charges Being Dismissed. Contingent on the defendant abiding by all the termsand conditions of the plea agreement, the government agrees to dismiss Count 3, as to thedefendant, at the time of sentencing.

3. No Further Prosecution. The Government agrees that the defendant will not becharged in the Southern District ofIowa with any other federal criminal offense under Title 18,United States Code, arising from or directly relating to this investigation, except for any

Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 1 of 11


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additional crimes of violence. This paragraph and this plea agreement do not apply to anycriminal act occurring after the date of this agreement. This paragraph and this plea agreementdo not apply to any criminal act which the defendant did not fully disclose to law enforcementduring his proffer interviews.

B. CONSEOUENCESOFPLEA4. Maximum Punishment. The subject offense in Count 1 of the Indictment carries a

range of punishment of not more than 25 years imprisonment, a maximum fine of not more than$250,000, or both. A special assessment of $100 and a term of supervised release of not morethan 5 years must be imposed by the sentencing court. The subject offense in Count 2 of theindictment carries a range of punishment ofnot less than 7 years imprisonment, nor more thanlife, a fine of not more than $250,000, or both. A special assessment of $100 and a term ofsupervised release of not more than 5 years. Any term of imprisonment imposed under Count 2must be consecutive to any other term of imprisonment imposed. If the defendant violates anycondition of supervised release following imprisonment, the defendant may be returned to prisonfor all or part of the term of supervised release.

5. Mandatory Detention. Pursuant to the Mandatory Detention for OffendersConvicted of Serious Crimes Act (18 U.S.C. 3143), the Defendant agrees that Defendant willremain in the custody of the United States Marshals Service following the completion of theentry ofDefendant's guilty plea to await the imposition of sentence.

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C. SENTENCING CONSIDERATIONS6. Sentencing Guidelines - Factors. The sentence to be imposed is solely within the

District Court's discretion, as guided by the United States Sentencing Guidelines which apply tothis offense. The Sentencing Guidelines establish a sentencing range based upon various factorspresent in the case, which include, but are not limited to the following:

a. Property taken from financial institution, with the parties stipulating as arecommendation to the Court, based upon information currently known to theUnited States, that the Defendant took the property of a financial institution andthereby receives a 2 level enhancement pursuantto U.S.S.G. 2B3.l(b)(1);

b. Criminal History;c. Acceptance or Lack of Acceptance of Responsibility, with the parties stipulatingas a recommendation to the Court, based upon information currently known to the

United States that the Defendant has accepted responsibility and qualifies for athree-level reduction pursuant to U.S.S.G. 3E1.1. Should circumstances changeprior to sentencing, the United States reserves the right to oppose such a reductionat the time of sentencing.

7. Criminal History. The parties make no representations and have no agreementregarding the Defendants criminal history.

8. No Promises. The United States makes no representations or promises as to thesentence to be imposed, as this is solely within the District Court' s discretion. Although theparties may have discussed the possibilities of various factors having an impact on the sentenceand the possibility of a certain sentencing range, the parties agree that no discussion resulted inany express of implied promise or guarantee concerning the actual sentence to be imposed.

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9. No Right to Withdraw Plea. The Defendant understands that the Defendant willhave no right to withdraw the Defendant's plea if the sentence imposed, or the application of theUnited States Sentencing Guidelines is other than what the Defendant anticipated. The partiesunderstand the Court may defer its decision to accept the plea until there has been an opportunityto review a presentence investigation report.

10. Evidence at Sentencing. The defendant, the defendant's attorney, and theGovernment attorney may make whatever comment and evidentiary offer they deem appropriateat the time of the guilty plea, sentencing, or any other proceeding related to this case, providedsuch offer or comment does not violate any other provision of this agreement. The parties arealso free to provide all relevant information to the U. S. Probation Office for use in preparing apresentence report.

11. Fines/Costs. Issues relating to fines and/or costs of incarceration are not dealtwith in this agreement, and the parties are free to espouse their respective positions at sentencing.

12. Special Assessment. The defendant agrees to pay to the United States a specialassessment of$100 per count as required by Title 18, United States Code, 3013. The defendantagrees to make such payment (by cashiers check or money order payable to "Clerk, U. S. DistrictCourt") to the U.S. Clerk ofCourt within two weeks (14 days) of the execution of this agreement.This is a material condition of this agreement.

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D. LIMITED WAIVER OF APPEAL AND 225513. Limited Waiver of Appeal Rights. The Defendant hereby knowingly and

expressly waives any and all rights to appeal Defendant's conviction in this case, including awaiver of all motions, defenses and objections which Defendant could assert to the charges or tothe Court's entry of Judgment against Defendant, and any and all issues inhering therein, exceptfor the following:

a. The right to timely challenge Defendant's conviction and the sentence ofthe Court should the Eighth Circuit Court ofAppeals or the United StatesSupreme Court later find that the substantive basis ofDefendant's plea ofguilty and resulting conviction fails to state a crime upon which Defendantcould be convicted.

b. Any issue solely involving a matter oflaw brought to the Court's attentionat the time of sentencing, in which the Court agrees further review isneeded.

14. Limited Waiver of Post-Conviction Review. The Defendant further knowinglyand expressly waives any and all rights to contest his conviction of the subject charges in anypost-conviction proceedings, including any proceedings under Title 28 U.S.C. 2255, subject tothe exceptions set forth in the precedine paraeraph and the followine:

a. The right to seek post-conviction relief based on grounds of ineffectiveassistance of counsel and/or prosecutorial misconduct, if the grounds forsuch a claim are not known to the Defendant, or not reasonably knowableby the Defendant, at the time the Defendant enters a plea pursuant to thisplea agreement.

15. Effect of Filing An Appeal or Post Conviction Motion. It is a material breach ofthe plea agreement to file a petition for post-conviction review of the sentence of conviction or to

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file any notice of appeal or other collateral attack to contest the conviction or sentence in thiscase for any reason other than for the exceptions set forth in the preceding two numberedparagraphs. If the Defendant violates this paragraph, the government is relieved of anyobligation to file any motion to reduce Defendant 's sentence by reason of any substantialassistance to the government, even if the government, in its sole discretion, does not move torevoke this plea agreement, however, the defendant is not entitled to withdraw any plea of guilty.

16. Breach - Waiver and Use ofInformation. If the defendant breaches the terms andconditions of this agreement, the government is free to use against the defendant any statements,including Attachment A-Stipulation of Facts of this Plea Agreement, and any statements given bythe defendant in debriefings, interviews or during any testimony. Such statements or testimonymay be used against the defendant in any criminal prosecution, including but not limited toprosecutions of the instant offense, perjury, or obstruction of justice. The defendant waives anyapplicable rights under Rule 410 of the Federal Rules of Evidence. Therefore, when thedefendant executes the plea agreement and the Stipulation of Facts, the defendant understandsthat admissions to the court at the time of plea or at any other time, and statements to theGovernment herein, and thereafter, are admissible against defendant. Therefore, should thedefendant fail to plead guilty pursuant to this plea agreement or move to withdraw the plea or toset aside the conviction, defendant's admissions may be used against defendant in theGovernment's case-in-chief or otherwise, during the prosecution of this case or any futureprosecution.

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E. GENERAL MATTERS17. Voluntariness of Plea. The Defendant acknowledges that the Defendant is

entering into this plea agreement and is pleading guilty because the Defendant is guilty. TheDefendant further acknowledges that the Defendant is entering into this agreement withoutreliance upon any discussions between the government and the Defendant (other than thosedescribed in this plea agreement), without promise of benefit of any kind (other than anyconcessions contained in this plea agreement), and without threats, force, intimidation, orcoercion of any kind. The Defendant further acknowledges that he understands the nature of theoffenses to which the Defendant is pleading guilty, including the penalties provided by law.

18. Limited Scope of Agreement. This agreement does not limit, in any way, the rightor ability of the government to investigate or prosecute the defendant for crimes occurringoutside the scope of this agreement. Additionally, this agreement does not preclude thegovernment from pursuing any civil or administrative matters against the defendant, including,but not limited to, civil tax matters and civil forfeiture which arise from, or are related to, thefacts upon which this investigation is based. This plea agreement binds only the parties hereto.It does not bind any prosecuting authority other than the United States Attorney for the SouthernDistrict of Iowa.

19. Entire Agreement. This plea agreement, and any attachments and incorporatedagreements, constitute the entire agreement between the parties. No other promises of any kind,express or implied, have been made to the defendant by the United States or by its agents.

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20. Factual Stipulations. Attached hereto as Attachment "A", and incorporated byreference herein, are factual stipulations entered into between the parties, including the factualstipulations of the defendant's offense conduct relating to each subject offense.

21. Venue. Defendant agrees that the offense conduct relating to the subject offenseswere committed, in whole or in part, in the Southern District ofIowa, and that the U. S. DistrictCourt, Southern District of Iowa, has proper venue of this agreement.

22. Public Interest. The Plaintiff and Defendant state this plea agreement is in thepublic interest and it takes into account the benefit to the public of a prompt and certaindisposition of the case and furnishes adequate protection to the public interest and is in keepingwith the gravity of the offense and promotes respect for the law.

23. ExecutionlEffective Date. This Plea Agreement does not become valid andbinding until executed by each of the individuals (or their designated representatives) shown onthe following page. If not executed prior to April 9, 2010 this agreement shall automaticallyexpire and all obligations upon either party by virtue ofthe terms ofthis agreement shall berendered null and void.

The undersigned hereby accept and agree to theterms and conditions set forth in this PleaAgreement.

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{jltj/;0DateLf!1'//l?

Date

} / /Lj / Z D ;' 17)} ) .' IDate' ,

Raylon~ nesshonDefendant , ~ ssistant Federal DefenderAttorney for Defendant

Nicholas A. KlinefeldtUnited States Attorney

/ / / ! ~ / ( / B Y l : - " , - / _ ~ _ - , f f = ; r , q - _ ~ _ + - - : " . . ~ . : : . . . - L . . - - - - = _Joel W. owsAssist t United States AttorneyU n ~ a States CourthouseSuite 310131 East 4th StreetDavenport, IA 52801Tel: (563) 449-5432Fax: (563) 449-5433Email: [email protected]

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Attachment "A"STIPULATION OF FACTS

The parties agree as follows:

1. That on or about October 5, 2009, in and about Washington County in theSouthern District of Iowa, the defendants, VERKISHA LATRICE BURNS, KATELYN MARIECURTIS, a/k/a Katalyn Maria Curtis, and RAYLON DESHON JONES, by force and violence,and by intimidation, did take and attempt to take from the person and presence of another,approximately $3,760 in United States currency belonging to and in the care, custody, controland possession of West Chester Savings Bank, 1060 West Monroe Street, Washington, Iowa, thedeposits of which were then insured by the Federal Deposit Insurance Corporation.

2. In committing the offense described in paragraph 1 abo,vei..!he defendant, ' b ' . d 'AJ., Jb'i pa.,.""'lp4HflIj In t'hL CDnspiYIfl,'I A"d Pi-) PIQ#1 1N t'TJ1tII ..... , t![/ ~ RAYLON DESHON J O N E S ~ d i d assault and put in jeopardy the life of another person by the use" i

of a dangerous weapon while the defendants were taking and attempting to take the $3,760 in United States currency belonging to and in the care, custody, control and possession of WestChester Savings Bank, and did aid and abet the same, when co-defendant, VERKISHALATRICE BURNS, entered the bank and brandished the weapon, pointing it at tellers and otherbank employees while ordering them to give her money. The defendant was aware that BURNShad a weapon and intended to use it.

3. That on or about October 5, 2009, in and about Washington County i l ) . J h ~ '17 'ML. . '1l.H


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which is a felony prosecutable in a court of the United States, and did aid and abet thebrandishing of said firearm in the course of that crime.

4. The defendant took part in the planning of the robbery, including selecting which l, 4/1JJ!specific bank to rob, the West Chester Savings Bank, 1060 West Monroe Street, Washington, (f() "I

11Ie d e C ' r ~ t L[[Iowa. On the day of the r o b b e r y , ~ passed on an earlier bank or credit union because it appeared "Itoo busy. Tbe defendant bad selected Washington, Iowa, as a good place to rob a bank because O ft1') " what he perceived to be a lack of law enforcement activity. He told co-defendant Curtis where topark and told her to go into the bank first to count the number of patrons inside. Further, beingfamiliar with the Washington, Iowa area, he advised his co-defendants on what he thought wasthe best escape route to avoid detection. His was in the escape vehicle when it was stopped.

5. Defendant agrees that the acts committed in Counts I and 2 of the Indictmentoccurred in the Southern District of Iowa.

6. Defendant hereby certifies that the facts set forth above are true and accurate tothe best of her knowledge.

t ' f ! ~ ~ 2Date Raylon D ~ { ) J i . r o i l e S Defendant

Date

, I / /Lj / - 0 1- ) r / / c i r,Date . i I Jo W. Barrows~ s i s t a n t United States Attorney

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