United States of America v. Bryan Dale Wallace (plea agreement)

Bryan Wallace (defendant) was charged in federal district court with federal conspiracy violations and negotiated a cooperation-based plea agreement with the United States (plaintiff). The agreement included the statutory penalties for the conspiracy charges and acknowledged that the district court ultimately would decide Wallace’s sentence by considering the Federal Sentencing Guidelines. The facts supporting Wallace’s conviction for conspiracy were described in detail in the agreement. Wallace waived his trial rights and other rights afforded to a criminal defendant, such as the right to appeal, in exchange for possible dismissal of the charges after sentencing and a guarantee that the government would not add additional criminal charges based on the facts giving rise to the conspiracy charge. The agreement depended on Wallace’s cooperation with the government and law enforcement. Under the agreement, Wallace was obligated to disclose information to law enforcement, testify in court, and report any contact from his criminal associates. In exchange, the government agreed not to use any truthful statements made by Wallace against him, subject to certain exceptions. The agreement asserted that at Wallace’s sentencing hearing, the government could elect to exercise its discretion to inform the court of Wallace’s cooperation and seek a downward departure from the statutory sentencing guidelines. The agreement stated that only the government could request the downward departure and that the sentencing court would then decide whether to grant the downward departure.