UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO. 22-20449-CR-MOORE/LOUIS 

UNITED STATES OF AMERICA 

vs. 

MATTHEW LEON CHILCUTT, 

Defendant. 

I 

PLEA AGREEMENT 

The United States Attorney's Office for the Southern District of Florida ("this Office") and 

Defendant MATTHEW LEON CHILCUTT (hereinafter referred to as the "Defendant") enter into 

the following agreement: 

1. The Defendant agrees to plead guilty to the Indictment, which charges the 

Defendant with depredation against property of the United States, causing damage exceeding 

$1,000, in violation of Title 18, United States Code, Section 1361. 

2. The Defendant is aware that the sentence will be imposed by the Court after 

considering the advisory Federal Sentencing Guidelines and Policy Statements (hereinafter 

"Sentencing Guidelines"). The Defendant acknowledges and understands that the Court will 

compute an advisory sentence under the Sentencing Guidelines and that the applicable guidelines 

will be determined by the Court relying in part on the results of a pre-sentence investigation by the 

Court's probation office, which investigation will commence after the guilty plea has been entered. 

The Defendant is also aware that, u der certain circumstances, the Court may depart from the 

advisory sentencing guideline range that it has computed, and may raise or lower that advisory 

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sentence under the Sentencing Guidelines. The Defendant is further aware and understands that 

the Court is required to consider the advisory guideline range determined under the Sentencing 

Guidelines, but is not bound to impose a sentence within that advisory range; the Court is permitted 

to tailor the ultimate sentence in light of other statutory concerns, and such sentence may be either 

more severe or less severe than the Sentencing Guidelines' advisory range. Knowing these facts, 

the Defendant understands and acknowledges that the Court has the authority to impose any 

sentence within and up to the statutory maximum authorized by law for the offenses identified in 

paragraph 1 and that the Defendant may not withdraw the plea solely as a result of the sentence 

imposed. 

3. The Defendant also understands and acknowledges that the Court may impose a 

statutory maximum term of imprisonment of up to ten (10) years, followed by a maximum term of 

supervised release of three years. In addition to a term of imprisonment and supervised release, 

the Court may impose a fine of up to $250,000. 

4. The Defendant further understands and acknowledges that, in addition to any 

sentence imposed under paragraph 3 of this agreement, a special assessment in the amou nt of$ I 00 

will be imposed on the Defendant. The Defendant agrees that any special assessment imposed 

shall be paid at the time of sentencing. If the Defendant is financially unable to pay the special 

assessment, the Defendant agrees to present evidence to this Office and the Court at the time of 

sentencing as to the reasons for the Defendant's failure to pay. 

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5. This Office reserves the right to inform the Court and the probation office of all 

facts pertinent to the sentencing process, including all relevant information concerning the offenses 

committed, whether charged or not, as well as concerning the Defendant and the Defendant's 

background. Subject only to the express terms of any agreed-upon sentencing recommendations 

contained in this agreement, this Office further reserves the right to make any recommendation as 

to the quality and quantity of punishment. 

6. This Office agrees that it will recommend at sentencing that the Court reduce by 

two (2) levels the sentencing guideline level applicable to the Defendant's offense, pursuant to 

Section 3E 1.1 (a) of the Sentencing Guidelines, based upon the Defendant's recognition and 

affirmative and timely acceptance of personal responsibility. ff at the time of sentencing the 

Defendant's offense level is determined to be 16 or greater, th is Office will file a motion requesting 

an additional one (I) level decrease pursuant to Section 3El.l(b) of the Sentencing Guidelines, 

stating that the Defendant has assisted authorities in the investigation or prosecution of the 

Defendant's own misconduct by timely notifying authorities of the Defendant's intention to enter 

a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the 

government and the Court to allocate their resources effic iently. This Office further agrees to 

recommend that the defendant be sentenced at the low end of the guideline range, as that range is 

determined by the Court. This Office, however, will not be required to make this motion if the 

Defendant: (I ) fai ls or refuses to make a full, accurate and complete disclosure to the probation 

office of the circumstances surround ing the relevant offense conduct; (2) is found to have 

misrepresented facts to the government prior to entering into this plea agreement; or (3) commits 

any misconduct after entering into this plea agreement, including but not limited to committing a 

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state or fede ral offense, violating any term of release, or making false statements or 

misrepresentations to any governmental entity or official. 

7. This Office and the Defendant agree that, although not binding on the probation 

office or the Court, they will jointly recommend that the Court make the followi ng fi ndings and 

conclusions as to the sentence to be imposed: 

(a) That the base offense level is 6, pursuant to Section 28 1.1 (a)(2); and 

(b) That the loss amount is more than $40,000 and less than $95,000, resulting in 

an increase of 6 levels pursuant to Section 281 .1 (b )( l )(D). 

8. The Defendant is aware that the sentence has not yet been determined by the Court. 

The Defendant also is aware that any estimate of the probable sentencing range or sentence that 

the Defendant may receive, whether that estimate comes from the Defendant's attorney, this 

Office, or the probation office, is a prediction, not a promise, and is not binding on th is Office, the 

probation office or the Court. The Defendant understands and acknowledges, as previously 

acknowledged in paragraph 3 above, that the Defendant may not withdraw his plea based upon the 

Court's decision not to accept a sentencing recommendation made by the Defendant, th is Office, 

or a recommendation made jointly by the Defendant and this Office. 

9. The Defendant agrees that he owes restitution in the amount of$71,933.20. 

10. The Defendant is aware that Title 28, Un ited States Code, Section 1291 and Title 

18, United States Code, Section 3742 afford the Defendant the right to appeal the sentence imposed 

in this case. Acknowledging this, in exchange for the undertakings made by the United States in 

this plea agreement, the Defendant hereby waives all rights conferred by Sections 129 1 and 3742 

to appeal any sentence imposed, including any restitution order, or to appeal the manner in which 

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the sentence was imposed, unless the sentence exceeds the maximum permitted by statute or is the 

result of an upward departure and/or an upward variance from the advisory guideline range that 

the Court establishes at sentencing. The Defendant further understands that nothing in this 

agreement shall affect the government's right and/or duty to appeal as set forth in Title 18, United 

States Code, Section 3742(b) and Title 28, United States Code, Section 1291. However, if the 

United States appeals the Defendant's sentence pursuant to Sections 3742(b) and 1291, the 

Defendant shall be released from the above waiver of his right to appeal his sentence. The 

Defendant furthe r hereby waives all rights conferred by Title 28, United States Code, Section 1291 

to assert any claim that (1) the statute(s) to which the Defendant is pleading guilty is/are 

unconstitutional; and/or (2) the admitted conduct does not fall within the scope of the statute(s) of 

conviction. By signing this agreement, the Defendant acknowledges that the Defendant has 

discussed the appeal waiver set forth in th is agreement with the Defendant's attorney. The 

Defendant further agrees, together with this Office, to request that the Court enter a specific finding 

that the Defendant's waiver of his right to appeal the sentence imposed in this case and his right 

to appeal his conviction in the manner described above was knowing and voluntary. 

[Remainder of Page Intentionally Blank] 

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11. This is the entire agreement and understanding between this Office and the 

Defendant. There are no other agreements, promises, representations, or understandings. 

Date: By: 

Date: ~ _3 __ 

Date: 

MARKE ZY LAPOINTE 

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ASSISTANT UNITED STA TES ATTORNEY 

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ASSISTANT FEDERAL PUBLIC DEFENDER 

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