UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 22-10023-CR-GAYLES/SNOW 

UNITED STATES OF AMERICA 

v. 

WENDY C. KILHEFFER, 

Defendant. 

I -------------

PLEA AGREEMENT 

The United States of America and WENDY C. KILHEFFER, (hereinafter referred to as 

the defendant") enter into the following agreement: 

1. The defendant agrees to plead guilty to the single Count of the Information filed 

against her, which count charges the defendant did knowingly and unlawfully taking a Key deer 

(Odocoileus virginianus clavium), an endangered species listed pursuant to the Endangered 

Species Act, by shooting, harming, and killing said Key deer, in violation of Title 50, Code of 

Federal Regulations, Section 17.21(c)(l) and Title 16, United States code, Sections 1538(a)(l)(B) 

and 1540(b )(1) and Title 18, United States Code, Section 2. 

2. The defendant is aware that the sentence will be imposed by the court after considering 

the 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 comi 

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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, under certain circumstances, the court may depait from the advisory sentencing guideline 

range that it has computed and may raise or lower that advisory 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 that sentence; 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 sentence. 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 offense identified in paragraph 1 and that the defendant may 

not withdraw her 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 1 year with respect to the charge against her, 

followed by a term of supervised release of up to 1 year. In addition to a term of imprisonment and 

supervised release, the court may impose a fine of up to $100,000, or the greater of twice the 

pecuniary gain or loss arising under the relevant conduct and may order restitution. 

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 amount of 

$25.00 will be imposed on the defendant. The defendant agrees that any special assessment 

imposed shall be paid at the time of sentencing. 

5. The United States agrees that although not binding on the Court, it will recommend 

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at sentencing that the court reduce the sentencing guideline level applicable to the defendant's 

offense, pursuant to Section 3El.l(a) of the Sentencing Guidelines, based upon the defendant's 

recognition and affirmative and timely acceptance of personal responsibility, for a reduction in 

defendant's offense level of -2 levels. However, the United States will not be required to make any 

of these sentencing recommendations if the defendant: (1) fails or refuses to make full, accurate, 

and complete disclosure to the probation office of the circumstances surrounding the relevant 

offense conduct; (2) is found to have misrepresented facts to the government prior to entering this 

plea agreement; or (3) commits any misconduct after entering into this plea agreement, including 

but not limited to committing a state or federal offense, violating any term of release, or making 

false statements or misrepresentations to any governmental entity or official. 

6. The Office of the United States Attorney for the Southern District of Florida 

(hereinafter "Office") reserves the right to inform the comi 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. 

7. The defendant is aware that the sentence has not yet been dete1mined 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, the 

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

government, the probation office, or the court. The defendant understands further that any 

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recommendation that the government makes to the court as to sentencing, whether pursuant to this 

agreement or otherwise, is not binding on the comi and the court may disregard the 

recommendation in its entirety. The defendant understands and acknowledges, as previously 

acknowledged in paragraph 2 above, that the defendant may not withdraw her plea based upon the 

court's decision not to accept a sentencing recommendation made by the defendant, the 

government, or a recommendation made jointly by both the defendant and the government. 

8. The defendant is aware that Title 18, United States Code, Section 3742 would 

normally afford the defendant the right to appeal the sentence imposed in this case. 

Acknowledging this, in exchange for the undertakings of the United States in this plea agreement, 

the defendant hereby waives all rights conferred by Section 3742 to appeal any sentence imposed, 

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

the sentence exceeds the maximum permitted by statute or is the result of an upward departure 

from the advisory guideline range that the court establishes at sentencing. Subject to the preceding 

provision, this appeal waiver includes a waiver of the right to appeal the sentence on the ground 

that under the advisory Sentencing Guidelines range dete1mined by the court, the sentence imposed 

in this case is not a reasonable sentence. 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). However, if the United States appeals the defendant's sentence 

pursuant to Section 3742(b), the defendant shall be released from the above waiver of appellate 

rights. By signing this agreement, the defendant acknowledges that she has discussed the appeal 

waiver set forth in this agreement with her attorney. The defendant further agrees, together with 

the United States, to request that the district court enter a specific finding that the defendant's 

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waiver of her right to appeal the sentence imposed in this case is knowing and voluntary. 

9. This is the entire agreement and understanding between the United States and 

the defendant. There are no other agreements, promises, representations, or understandings. 

Date: 

'I 

Date: 

Respectfully submitted, 

MARKENZY LAPOINTE 

UNITED STATES ATTORNEY 

By: 

Thomas ~ ~;Fi z;~ 

Assistant United States Attorney 

By: D&rifP~ 

ATTORNEY FOR DEFENDANT 

By: 

DEFE 

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