CPY Document Title

From-U.S.
01:39pm
Jun-�1-06
916
ATTORNEY'S OFFICE
Case 1:06-cr-00219-AWI Document 3
�
2
3
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T-258
554 2900
P.014/024
F-513
Filed 06/22/06 Page 1 of 11
McGREGOR W. SCOTT
United States Attorney
E.
ROBERT WRIGHT
Assistant u. s. Attorney
501 I Street, Suite 10-100
sacramento, California 95814
(916) 554-2702
Telephone:
5
6
7
IN THE
8
UNITED
STATES
DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
9
10
11
UNITED
STATES OF AMERICA,
12
CR.
14
v.
15
THE WILSHIRE
06
CR
00219
AWl
DATE:
TIME:
PAINT COMPANY,
COURT;
Defendant.
16
1:
PLEA AGREEMENT
Plaintiff,
13
No.
17
18
I.
19
INTRODUCTION
20
A.
Scope of Agreement:
The Information in this case charges
21
the defendant with one count of knowingly operating a source in
22
violation of a pretreatment
23
U n i ted States Code,
24
knowing transportation of hazardous waste without a manifest in
25
violation of Title 42,
26
document contains
27
States Attorney•s Office for the Eastern District of California
28
"government")
§§
standard,
1317(d),
in violation of T itl e
and 1319(c) (2) (A)
United States Code,
3�,
and one count of
Section 6928 (d) (5).
Thi
the complete Plea Agreement between the United
and the defendant re garding this case.
�
This Plea
(th
Jun-01·06
01:39pm
From-U.S.
ATTORNEY'S OFFICE
916
Case 1:06-cr-00219-AWI Document 3
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554 2900
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F-513
Filed 06/22/06 Page 2 of 11
1
Agreement is limited to the United States Attorney's Office for the
2
Eastern District of California and cannot bind any oth er federal,
3
state,
4
authorities.
5
B.
or local pros ecu ti ng ,
Rule ��(c) (1) (C)
administrative,
or regulatory
Specific Sentence Agreement:
The
6
government and the defendant agree that a specific sentence,
7
forth below
8
Co nsequently,
9
pursuant to Rule ll(c) (1) (C)
in Section VI
set
would be appropriate in this case.
(C) ,
this Plea Agreement is being offered to the Court
of the Federal Rules of Criminal
Under the provisions of Rule 11(c) (3),
the Court may
10
Procedure.
11
accept or reject the agreement,
12
acceptance o r re ject ion until
13
co n s ider the pre-sentence report.
14
Agreement ,
15
in th e judgment and sentence the disposition provided for in this
16
Plea Agreement.
17
shall so advise the defendant,
18
to withdraw its p lea,
19
plea the disposition of the case may be less favorable to it than i
20
contemplated by this
21
conditioned on the Court accepting the pl ea agreement entered into
22
by and bet ween the United States and Darrell Edwards and i mposing
23
the specified s enten ce agreed to therein.
the Court will
or may def er its decision as to the
there has b een an oppo rtuni ty to
If the Court a c cepts the Plea
inform the defendant that it will embody
If the Court rejects this Plea Agreement,
allow the de f end ant
Plea Agreement.
The Company's plea is
II.
25
DEFENDANT'S OBLIGATIONS
A.
the o ppor tun ity
and advise that if it persists in a guilty
24
26
the Cour
Gui lty Pleas:
The defendant will plead guilty to Count 1,
27
kn owingl y operating a source in violation of a pretreatment
28
in vio l at i on of 33 u.s.c. §§ 1317(d),
2
and 1319(c) (2) (A),
standar
and Count
From-U.S.
01:39pm
Jun-01-06
916
ATTORNEY'S OFFICE
Case 1:06-cr-00219-AWI Document 3
T-258
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P.016/024
F-513
Filed 06/22/06 Page 3 of 11
k nowing transportation of hazardous waste without a manifest in
1
2,
2
v io lation of 42 U.S.C.
3
is in fact guilty of these char ges and that
4
the Factual Basis attached hereto as Exhibit A are accurate.
5
§
6928(d)
Waiver of Indictment:
B.
(5).
that it
The defendant agrees
the facts set
forth in
The defendant agrees that,
at the
6
entry of plea
7
pro secution by i ndic tment and consent to proceed by information
8
r a the r than by indictment.
c.
9
proceeding,
Fine:
defendant will sign a written waiver of
The defendant
agrees to pay $33,478 as a criminal
The fine shall be paid at time of s ent en ci ng .
The defendant
10
fine.
11
understands that this Plea Agreement is voidable by th e government
12
if it fails to pay th e stipulated f ine as required by this
13
Agre ement.
D.
14
Special Assessment:
The defendant agrees
by
to pay a special
15
assessment of $800 at the time of sentencing
16
or money order payable to the United States District Court to the
17
Un i ted States Probation Offic e immed i ately before the sentencing
18
hearing.
19
voidable by the government if it fails to pay the assessment as
20
required by
21
this
22
delivering a check
The defendant understands that this Plea Agreement is
agreement.
E.
Costs of Investigation : The defendant agrees to pay costs
23
of in v es t i gat ion in the total amount of $169,069.11. by certified
24
cashier's check,
25
Department of Toxic Substances Control,
26
806,
27
a t the time of senten cing .
28
Ill
Sacramento,
or its equivalent,
made payable to t h e "California
California 95812-0806.
ATTN:
Accou n t i ng ,
"
Box
Said amount shall be paid
The defendant understands tha�
3
P.O.
this Ple
Jun-01-06
01:39pm
From-U.S.
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ATTORNEY'S OFFICE
Case 1:06-cr-00219-AWI Document 3
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Agreement is voidable by the government if it fails to pay the
2
amount as required by this Agreement.
3
F.
F-513
Filed 06/22/06 Page 4 of 11
The defendant agrees to pay the amount of $63,522
Fees:
4
payment of fees that defendant has failed to pay by certified
5
cashier's check,
6
Department of
7
sacramento,
8
time of sentencing.
9
Agreement is voidable by the government if it fails to pay:the
or its equivalent,
Toxic Sub st ances ,
Californ ia,
made payable to the "California
ATTN,
Accounting,''
Said
95812-0806.
amount
P.O.
Box 806,
shall be paid at
The defendant understands that this Plea
10
amount as required by this Agreement.
11
that this Plea Agreement is voidable by the government if it fails
12
to pay the amount
13
G.
as
a
The defendant understands
required by this Agreement.
At the time of sentencing, the defendant
Progr� Funds:
14
shall also pay funding for programs to be conduct ed in California o
15
issues relating to paint storage,
16
total amount of
17
equivalent,
18
Obispo,
19
Materials Investigators
20
that this Plea Agreement is vo i dab le by the government
21
to pay the amount as required by this Agreement.
treatment,
and handl ing ,
by certified cashier's che c k,
$15,000,
made payable to "CHIMIA,"
California 93403-8123.
P.O.
Box 8 123,
Association)
.
23
THE GOVERNMENT' S OBLIGATIONS
25
if
it fails
The government will recommend that the
defendant be sentenced pursuant to the terms of the plea agreement.
26
rv.
27
ELEMENTS OF THE OFFENSE
28
San Luis
The defendant understands
III.
Incarceration Range:
or its
(CHIMIA is the California Ha z a rd ous
22
24
in the
A.
Elements of
�t a trial,
the Offense:
4
the government would
Jun-01-06
From-U. S.
01:39pm
ATTORNEY'S OFFICE
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1
have to prove beyond a r e a s onabl e doubt the following elements
2
the offenses to which th e defendant is p l eading guil ty:
3
4
and 1319 (c) (2) (A):
1317 (d),
5
a.
the def endant knowingly operated a source;
6
b.
in violation of a pretreatment standard.
8
Knowing transportation o f hazardous waist wi tho ut a
2.
manifest in violation of 42 U.S.C.
§ 6928(d) (5):
9
a.
the d ef en dant knowingly transported;
10
b.
hazardous waste requi red to be accompanied by
c.
wi t hout a manifest.
11
of
Knowing operation of a source in vio l a tion of 33 u.s.c. §§
�.
7
F-513
Filed 06/22/06 Page 5 of 11
a
manifesti
12
13
v.
14
MAXIMUM SENTENCE
The maximum sentence which the Court
can
15
Maximum Penalty:
16
impose for a violation of
each of Count 1 and Count 2 is probation
17
for a term of five years,
a fine of
$500,000,
18
VI.
19
SENTENCING DETERMINATION
20
The defendant understands that the
Statutory Authority:
A.
and restitution.
21
Court must
22
by t he Sentencing Commission pursuant to the Sentenc ing Reform
23
o f 1984,
24
modified by United States v.
25
U.S.
26
determining a final
27
will determine a non-binding and advisory gui del ine sentencing ran
28
for this case pursuant to the Sentencing Gu i deline s .
,
consult the
Federal Sentencing Guidelines
18 u.s.c. §§ 3551-3742
125
s.ct .
738
Act
§§ 991-998, and as
Booker and Uni ted St at es v.
(2005))
sentence.
and 28 u.s.c.
(as promulgate
Fanfan/
and must take them into account whe
Defendant understands that
5
the Court
Defendant
Jun·DI-06
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From-U.S.
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ATTORNEY'S OFFICE
Case 1:06-cr-00219-AWI Document 3
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F-513
Filed 06/22/06 Page 6 of 11
1
fu r ther understands that the Court will consider
2
basis
3
above or below the guideline senten cing
4
an aggravating or mitigating
5
not ade qua t ely ta.ken into consideration by the Sentencing Commissio
6
in formulating the Guidelines.
7
the court,
8
Guidelines,
9
th e
10
whether there
for departure from the guideline s en tenci ng
circumstance of
Defendant
range (either
because there exists
a kind1
or to;a degree
further understands that
after consultation and consideration of
the Sentencing
must impose a sentence that i s reasonable in light of
factors set forth in 18 u.s.c.
B.
range)
is a
§ 3553(a).
Stipulations Affecting Guidelines
and th e defendant
The
Calculation:
agree t ha t there
is no material disput
11
government
12
as to the f o llowing sentencing guideline s variables and therefore
13
stipulate to the following:
14
Knowing Mishandling of a pollutant.
15
l.
16
Base Offense Level:
offense level is
2.
17
Pursuant to USSG
2Q1.3,
:the base
6.
Specific Offense Characteristic Adjustments: i
18
discharge involved a disch a rge without a permit.
19
pursuant to USSG 2Q1.3(b) (4),
The
Therefore,
'
20
21
Knowing Transportation of Hazardous Waste Without a
Manifest.
1.
22
23
the offense level is increased by 4;
bas e offense
24
2.
Base Offense Level:
Pursuant
to U.S.S.G.
2Q1�2,
the
l eve l is a.
Specific Offense Characteristics Adjustments:
25
transportation involved transportation without a permi t ,
26
pursu ant
27
4.
28
III
to u.s.s.G.
2Ql.2(b)
(4),
The
therefore,
the o ffen se level is increased by
Jun-01·06
01:39pm
From-U.S.
ATTORNEY'S OFFICE
916
Case 1:06-cr-00219-AWI Document 3
1
Co�ined
3.
T-258
554 2900
P.020/024
Offense Level:
Pur suant to U.S.S.G. 3D,
2
the re are one and o ne ha lf units to add one offens e level
3
highest offense level of 12,
-
4.
4
5
t o the
resul tin g in an o ffe n s e lev el of
13.
Pursuant to U.S.S.G.
Acceptance of Responsibility;
3El.l, deduc t two levels
F-513
Filed 06/22/06 Page 7 of 11
for acceptance of responsibility.
6
5.
Adjusted Offense Level:
7
6.
D ep ar ture s
ll
'
The
or Other Enhancements or Reductions:
8
parties stipulate and agree that they will not seek or ar!�e in
9
support of any other specific offense characteristics,
10
adjustments,
11
not to move for,
12
s enten cing guidelines.
13
7.
14
15
Guidelines for
c.
17
or argue in support of,
1.
2.
No f ine ranges are specified by the
Agreement:
The p art ies agree that defendant shall r eceive
senten ce of 3 years p robati on
18
any de par ture from the
en vi ron mental crimes.
Specific Sentence
16
Both parties stip ul ate and agree
or cross-references.
S en tenc ing Range:
a
.
The court shall impose a cr i min al fine of $33,478 on
19
d efendan t ,
20
shall be paid by ce rtified cashier's check,
21
be made payable to the
22
3.
23
Chapter 3
which shall be paid at t ime of sentencing.
11CLERK,
equivalent,
and
U.S.D.C.11
At the t ime of sentencing,
special asses s ment of $800.
or its
Said amount
Said amount
the defendant shall pay a
shall be pa id by a
'
24
c er tif i e d cashier's c he ck,
25
"CLERK,
26
or its equivalent,
made payable'to the
U. S.D. C."
4.
At the time of sentencing,
the defendant s hall al s o
27
pay costs of investigation in t h e total amount of
28
certified cashier's check,
or its equivalent,
7
$169,069�11 by
made payableito the
Jun-01-0S
01:40pm
From-U.S.
ATTORNEY'S OFFICE
91S
Case 1:06-cr-00219-AWI Document 3
1
11California Department of Toxic Substances
2
Accounting,"
3
s.
P.O.
Box 806,
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F-513
Filed 06/22/06 Page 8 of 11
Sacramento,
Control,
ATTN:
95812-oBb6.
C al ifo rn i a
The defendant agrees to pay the amount of $63,522 as
4
payment o f fees that defendant has failed to pay by certified
5
cashier's
6
D epa r t ment
7
Sacramento,
I
10
or
its equivalent,
made payable to
of Toxic S ub stan c es , ATTN, Acc ount ing,
Cali fornia,
pay funding
9 5 8 12 -0806
"
"Californi
the
P.O.
Box
the
I
de fen dan t shall also
for programs to be conduc ted in Cali fornia on
relating to paint storage,
806,
.
At the time of s en t en cin g,
6.
8
9
ch e c k ,
trea tment ,
and handling,
issues
in the: total
I
$15,000, by
11
a moun t of
c er t i fie d cashier's check,
12
mad e payable to '' CHIMIA,"
13
93403-8123.
14
Investigators Association) .
P.O.
or
its eqUi vale nt,
San Luis Obispo,
Box 8123,
talifornia
I
(CHIMIA i s the California Hazardous Materials
15
VII.
16
WAIVERS
17
A.
Waiver of Constitutional Rights:
18
that by pl ea din g guilty it is waiving
19
r i ght s
20
already
21
by an attorney,
22
wi tn es s es to t est i fy on its behal f;
23
examine witnesses against
24
incriminate it sel f .
:
(a)
made;
The defendant
(b)
to be tried by a jury;
( c)
it;
and
(f)
26
ENTIRE PLEA AGREEMENT
28
promise,
to be assisted at
this
or condition
Plea Agreement,
no agreement,
between the g over nmen t and
8
(d)
tri
to
i
and cross-
not to be c omp elled
VIII.
Other than
in that plea if
to co nf ro n t
25
27
consti utional
who would be a ppo int e d if necessary;
(e)
'
�
the following
to plead not guilty and to persist
understan s
'
to
understanding,
the de fenaant
Jun-Ol-06
Ol :40pm
From-U. S.
916
ATTORNEY'S OFFICE
Case 1:06-cr-00219-AWI Document 3
such
1
exists,
2
condition exist unless it is
3
defen d ant ,
4
States.
nor will
agreement,
T-258
554 2900
commit ted to writ ing and signed b y the
counsel for the defendant,
and counsel for the United
IX.
6
APPROVALS AND SIGNATURES
A.
Defense Counsel:
F-513
unders t andin g , promise, or
5
7
P.022/024
Filed 06/22/06 Page 9 of 11
I have read this Plea Agreement and have
8
discussed it fully with my c li ent .
9
and completely sets forth
The
Plea Agreement accurately
the ent ir et y of the agr eement
.
I
concur
'
10
i n my client's decision to plead guilty as set forth in this
11
Agreement.
12
13
DATED:
14
15
B.
I
u
Defendant:
I have read this Plea Agreement and carefully
it with my a tt or ney
16
rev i e we d every part of
17
voluntarily agree to it.
18
and fully understand my
19
Sentencing Guidelines which may app ly to my case.
20
or inducements have been made to me,
21
this Agreement.
22
any way to enter in to
23
with the representat ion of my a t t orney in this
In addition,
I understand it,
I have consulted with
Further,
rights
.
my attorne
with respect to the provisions
other than
and I
of th�
No other p r omi s e
thos e contained in
no one has th reat en e d or forced me i
this Plea Agreement.
Finally,
I am satisfie
case.
24
� E WILSHIRE PAINT COMPANY
/ Defendant
9
Jun-01-06
01:40pm
From-U.S.
ATTORNEY'S OFFICE
916
Case 1:06-cr-00219-AWI Document 3
1
c.
2
Plea
3
DATED:
554 2900
T-258
P.023/024
Attorney for United States:
I accept and agree to this
government.
McGREGOR W. SCOTT
United States Attorney
4
5
6
7
By :
F-513
Filed 06/22/06 Page 10 of 11
E. ROBERT WRIGHT
Assistant U.S. Attorney
8
9
10
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12
13
14
15
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17
18
19
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22
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25
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27
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10
Jun-01-06
01:40pm
From-U.S.
ATTORNEY'S OFFICE
F-513
for Plea
Factual Basis
2
Da r rell Edwards was at all
times mentioned the owner and Chief
4
Exe cu ti ve Officer of The Wilshire Paint Co mpa ny ,
5
in manufacturing paint at
6
Oct ob e r 8,
7
company
8
manufacturing
9
discharging an ignitable pollutant,
2002,
its
a company engag ed
facility in the ci t y of Fresno.
On
emp l oyee s of the company acting on behalf of the
knowingly and unlawfully o p era ted a source,
facility,
and residue,
11
sewer and storm water system.
to wit,
from its faci lity into the
On October 17,
namely the pain
i n violation of a p retre a tment standard by
10
12
P.024/024
Filed 06/22/06 Page 11 of 11
EXHIBIT 11A11
1
3
T-258
554 2900
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Case 1:06-cr-00219-AWI Document 3
2002,
empl oyee s of
paint and paint waste
City of Fresno's mu nic ipal
the
company acting on behalf
13
of the company knowingly and unlawfully transported and o therw ise
14
handled
including stora ge,
15
to wit,
ignitable oi l-based paint,
treatment,
and disposal,
hazardous wast
wit ho ut a manifest.
16
17
18
19
20
21
22
23
24
25
26
27
28
ll
,