1 ELIZABETH A. STRANGE 

First Assistant United States Attorney 

2 District of Arizona 

SHELLEY K.G. CLEMENS 

3 Assistant U.S. Attorney 

Oklahoma State Bar No. 16567 

4 405 W. Congress St., Suite 4800 

Tucson, AZ 85701-5040 

5 Tel. (520) 620-7300 

Fax (520) 620-7320 

6 2helley.clemens@usdoj.gov 

Attorneys for Plamtiff 

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UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

United States of America, CRl 8-00261-TUC-CKJ(LAB) 

Plaintiff, Plea Agreement 

vs. 

James Lamar Ford, Jr., 

Defendant. 

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17 The United States of America and the defendant, James Lamar Ford, Jr., agree to the 

18 following disposition of this matter: 

19 PLEA 

20'. The defendant agrees to plead guilty to Count One of the Indictment, charging the 

21 defendant with a violation of Title 18, United States Code, Sections 922(g)(l) and 

22 . 924(a)(2), Possession of Firearms and Ammunition by a Convicted Felon, a felony offense. 

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The defendant also agrees not to contest to the Forfeiture Allegation of the Indictment. 

ELEMENTS OF THE CRIME 

The essential elements of Possession of Firearms and Ammunition by a Convicted 

Felon are that: 

(A) The defendant knowingly possessed firearms and ammunition; 

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(B) At the time the defendant possessed the firearms and ammunition, he had been 

previously convicted of a crime punishable by imprisonment for a term exceeding 

one year; and 

(C) The firearms and ammunition affected commerce in that they were previously 

transported into the state of Arizona from another state or foreign country. 

STIPULATIONS, TERMS AND AGREEMENTS 

The defendant understands the guilty plea is conditioned upon the following terms, 

stipulations, and requirements: 

Maximum Penalties: The defendant understands and agrees that the maximum penalty for 

the offense to which he is pleading are a fine of $250,000, a maximum term of ten (10) 

years imprisonment, or both, and a maximum term of three (3) years supervised release. 

The defendant agrees to pay a fine unless the defendant establishes the applicability 

of the exceptions contained in§ 5El.2(e) of the Sentencing Guidelines. · 

Special Assessment: The defendant understands that in accordance with Title 18, 

United States Code, Section 3013, upon entry of judgment of conviction, ·there shall be 

assessed a $100.00 special assessment for each felony count. 

Immigration consequence: The defendant recognizes that pleading guilty may have 

consequences with respect to his immigration status if the defendant is not a citizen of the 

United States. Under federal law, a broad range of crimes are removable offenses, 

including the offense(s) to which the defendant is pleading guilty. Removal and other 

immigration consequences are the subject of a separate proceeding, however, and the 

defendant understands that no one, including the defendant's attorney or the district court, 

can predict to a certainty the effect of the defendant's conviction on the defendant's 

ill11,lligration status. The defendant nevertheless affirms that he wants to plead guilty 

regardless of any immigration consequences that this plea may entail, even if the 

consequence is the defendant's automatic removal from the United States. 

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Agreement Regarding Sentencing: 

a. Pursuant to Fed. R. Crim. P. ll(c)(l)(C), the parties agree that the below 

stipulated sentencing ranges, based on the defendant's criminal history (CH), are an 

appropriate disposition of this case: 

(1) 8 - 12 months imprisonment ifthe defendant is in CH category I; 

(2) 10 - 15 months imprisonment ifthe defendant is in CH category II; 

(3) 12 - 18 months imprisonment ifthe defendant is in CH category III; 

( 4) 18 - 24 months imprisonment if the defendant is in CH category IV; 

(5) 24 - 30 months imprisonment ifthe defendant is in'CH category V; 

(6) 27 - 33 months imprisonment ifthe defendant is in CH category VI. 

b. This agreement is expressly conditioned on the defendant having no prior felony 

convictions for Controlled Substance offenses and/or Crimes of Violence as per the 

U.S.S.G. § 2K2.l(a)(4). If the defendant has any such convictions, the government 

may withdraw froni the plea agreement. 

c. The defendant may withdraw from the plea agreement if he receives a sentence in 

excess of the stipulated sentencing range based upon Probation's calculation of the 

defendant's criminal history score and category. The government may withdraw of 

the defendant receives a sentence below the stipulated sentencing range based upon 

Probation's calculation of the defendant's criminal history score and category. 

d. The defendant understands and agrees that this plea agreement contains all the 

terms, conditions and stipulations regarding sentencing. If the defendant requests or 

if the Court authorizes any reduction of sentence, either by departure or variance, 

not specifically agreed to in writing by the parties, the government may withdraw 

from the plea agreement. There is no agreement between the parties as to whether 

this sentence will run concurrent or consecutive to any time revoked for supervised 

release violations in Case No. CR-16-355-PHX-CKJ(LAB). 

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e. If the Court departs from the terms and conditions set forth in this plea agreement, 

either party may withdraw. 

f. If the Court, after reviewing this plea agreement, concludes any provision is 

inappropriate, it may reject the plea agreement and allow the defendant an 

opportunity to withdraw the defendant's guilty plea, all pursuant to Rule ll(c)(5) 

and Rule 1 l(d)(2)(A), Fed. R. Crim. P. 

g. The defendant understands that if the defendant violates any of the conditions of 

the defendant's supervised release, the supervised release may be revoked. Upon 

such revocation, notwithstanding any other provis~on of this agreement, the 

defendant may be required to serve an additional term of imprisonment or the 

defendant's sentence may otherwise be altered. 

h. The defendant and the government agree that this agreement does not in any 

manner restrict the actions of the government in any other district or bind any other 

United States Attorney's Office. 

Disclosure of Information to U.S. Probation: 

The defendant understands the government's obligation to provide all information in 

its file regarding the defendant to the United States Probation Office. 

The defendant understands and agrees to cooperate fully with the United States Probation 

Office in providing: 

a. All criminal history information, i.e., all criminal convictions as defined under the 

Sentencing Guidelines. 

b. All financial information, i.e., present financial assets ,or liabilities that relate to 

the ability of the defendant to pay a fine or restitution. 

c. All history of drug and alcohol abuse which would warrant a treatment condition 

as part of sentencing. 

d. All history of mental illness or conditions which would warrant a treatment 

condition as part of sentencing. 

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AGREEMENT AS TO FORFEITURE 

a. Defendant, JAMES LAMAR FORD, JR., agrees to abandon and relinquish any 

and all right, title and interest he may have in one (1) Smith & Wesson model M&P 

Shield, 9mm caliber semiautomatic bearing serial number HKE8099. 

b. Defendant, JAMES LAMAR FORD, JR., knowingly and voluntarily agrees to 

forfeit all right, title and interest in one (1) Bersa, model Thunder 380, .380 caliber 

semiautomatic pistol bearing serial number D32567, eight (8) rounds WinchesterWestem 9mm caliber ammunition, and four (4) rounds Remington .380 caliber 

ammunition. 

c. Defendant knowingly and voluntarily agrees not to pursue any filed claims, 

and to waive all interest in the asset listed above, in any administrative, civil or 

criminal judicial proceeding, whether state or federal, which may be initiated. 

d. Defendant knowingly and voluntarily agrees to consent to the entry of orders 

of forfeiture for the forfeitable assets and waives the requirements of Federal Rules 

of Criminal Procedure, Rule 32.2 regarding notice of the forfeiture in the charging 

instrument, announcement of the forfeiture at sentencing, and incorporation of the 

forfeiture in the judgment. 

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e. The defendant acknowledges that he understands that the forfeiture of assets is 

part of the sentence that may be imposed in this case and waives any failure by the 

Court to advise him of this, pursuant to Federal Rule of Criminal Procedure 

11 (b )(1 )(J), at the time his guilty plea is accepted. 

23 f. Defendant knowingly and voluntarily agrees to waive all constitutional, legal, 

24 and equitable defenses to all constitutional and statutory challenges in any manner 

25 (including direct appeal, habeas corpus, any jeopardy defense or claim of double 

26 jeopardy, or any other means), and knowingly and voluntarily agrees to waive any 

27 claim or defense under the Eighth Amendment to the United States Constitution, 

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including any claim of excessive fine or punishment, to any forfeiture carried out in 

accordance with this plea agreement on any grounds. 

g. Defendant warrants that he is the owner or has an interest in the property listed 

above, and knowingly and voluntarily agrees to hold the United States, its agents 

and employees harmless from any claims whatsoever in connection with the seizure 

or forfeiture of the above-listed asset covered by this agreement. 

h. Defendant knowingly and voluntarily agrees and understands the forfeiture of 

the assets listed above shall not be treated as satisfaction of any assessment, fine, 

restitution, cost of imprisonment, or any other penalty this Court may impose upon 

the defendant in addition to the forfeiture. 

Reinstitution of Prosecution: 

If the defendant's guilty plea is rejected, withdrawn, vacated, or reversed by any 

court in a later proceeding, the government will be free to prosecute the defendant for all 

charges as to which it has knowledge, and any charges that have been dismissed because of 

this plea agreement will be automatically reinstated. In such event, the defendant waives 

any objections, motions, or defenses based upon the Speedy Trial Act or the Sixth 

Amendment to the Constitution as to the delay occasioned by the later proceedings. 

Waiver of Defenses and Appeal Rights: 

The defendant waives any and all motions, defenses, probable cause determinations, 

and objections that the defendant could assert to the information or indictment, or to the 

22 . petition to revoke, or to the Court's entry of judgment against the defendant and imposition 

23 of sentence upon the defendant providing the sentence i~ consistent with this agreement. 

24 The defendant further waives: ( 1) any right to appeal the Court's entry of judgment against 

25 the defendant; (2) any right to appeal the imposition of sentence upon the defendant under 

26 Title 18, United States Code, Section 3742 (sentence appeals); and (3) any right to 

27 collaterally attack the defendant's conviction and sentence under Title 28, United States 

28 Code, Section 2255, or any other collateral attack. The defendant acknowledges that this 

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waiver shall result in the dismissal of any appeal or collateral attack the defendant might 

file challenging his conviction or sentence in this case. If the defendant files a notice of 

appeal or a habeas petition, notwithstanding this agreement, the defendant agrees that this 

case shall, upon motion of the government, be remanded to the district court to determine 

whether the defendant is in breach of this agreement and, if so, to permit the government to 

withdraw from the plea agreement. This waiver shall not be construed to bar or of 

"prosecutorial misconduct" (as that term is defined by Section II.B of Ariz. Ethics Op. 15-

01 (2015)) or a claim by the defendant of ineffective assistance of co:unsel. 

Plea Addendum: 

This written plea agreement, and any written addenda filed as attachments to this 

plea agreement, contain all the terms and conditions of the plea. Any additional 

agreements, if any such agreements exist, shall be recorded in separate documents and may 

be filed with the Court· under seal. Accordingly, additional agreements, if any, may not be 

in the public record. 

WAIVER OF DEFENDANT'S RIGHTS AND FACTUAL BASIS 

Waiver of Rights: 

I have read each of the provisions of the entire plea agreement with the assistance of 

counsel and understand its provisions.· I have discussed the case and my constitutional and 

other rights with my attorney. I understand that by entering my plea of guilty I will be 

giving up my rights to plead not guilty, to trial by jury, to confront, cross-examine, and 

compel the attendance of witnesses, to present evidence in my defense, to remain silent and 

refuse to be a witness against myself by asserting my privilege against self-incrimination --

all with the assistance of counsel -- and to be presumed innocent until proven guilty beyond 

a reasonable do~bt. 

I agree to enter my guilty plea as indicated above on the terms and conditions set 

forth in this agreement. 

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I have been advised by my attorney of the nature of the charges to which I am 

entering my guilty plea. I have further been advised by my attorney of the nature and range 

of the possible sentence. 

My guilty plea is not the result of force, threats, assurances or promises other than 

the promises contained in this agreement. I agree to the provisions of this agreement as a 

voluntary act on my part, rather than at the direction of or because of the recommendation 

of any other person, and I agree to be bound according to its provisions. 

I fully understand that, if I am granted probation or placed on supervised release by 

the court, the terms and conditions of such probation/supervised release are subject to 

modification at any time. I further understand that, if I violate any of the conditions of my 

probation/supervised release, my probation/supervised release may be revoked and upon 

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to serve an additional term of imprisonment or my sentence may otherwise be altered. I 

agree that any Guidelines Range referred to herein or discussed with my attorney is not 

binding on the court and is merely an estimate. 

I agree that this written plea agreement contains all the terms and conditions of my 

plea and that promises made by anyone (including my attorney), and specifically any 

predictions as to the guideline range applicable, that are not contained within this written 

plea agreement are. without force and effect and are null and void. 

I am satisfied that.my defense attorney has represen~ed me in a competent manner. 

I am fully capable of understanding the terms and conditions of this plea agreement. 

I am not now on or under the influence of any drug, medication, liquor, or other intoxicant 

or depressant, which would impair my ability to fully understand the terms and conditions 

of this plea agreement. 

Factual Basis: 

I agree that the following facts accurately describe my conduct in connection with 

the offense to which I am pleading guilty; and, that if this matter were to proceed to trial, 

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the government could prove the elements of the offense beyond a reasonable doubt based. 

on the following facts: 

On October 11, 2016, the defendant, JAMES LAMAR FORD, JR., was convicted of 

Escape, in case number CR-16-00355-PHX-SPL, in the United States District Court 

for the District of Arizona. On November 29, 2006, the defendant was convicted of 

Possession of a Firearm by Previously Convicted Felon, Possession of Illegally 

Modified Firearms, Possession of Unregistered Firearms and Possession of 

Ammunition by a Previously Convicted Felon, in case number 

DNYN104CR000378, in the United States District Court for the Northern District 

of New York. Each of the charges listed above are felonies, which carry a term of 

punishment in excess of one year. 

On January 24, 2018, at or near Sierra Vista, in the District of Arizona, a vehicle the 

defendant had been driving was searched by an officer with U.S. Probation. Found 

in the vehicle were two firearms and ammunition, to wit: one (1) Smith & Wesson 

model M&P Shield, 9mm caliber semiautomatic pistol bearing serial number 

HKE8099, one (1) Bersa, model Thunder 380, .380 caliber semiautomatic pistol 

bearing serial number D32567, eight (8) rounds Winchester-Western 9mm caliber 

ammunition, and four ( 4) rounds Remington .3 80 caliber ammunition. The 

defendant was advised his Miranda rights and agreed to make a statement. The 

defendant admitted that he knew the firearms and ammunition were in the vehicle, 

and they were in his possession. An interstate nexus expert with the Bureau of 

Alcohol, Tobacco, Firearms, and Explosives confirmed that the ammunition 

affected commerce in that it was previously transported into Arizona from ther 

state or foreign country. 

20 f/5-1'?: 

21 Date ---~•.ues Lamar Ford, Jr. 

22 Defendant 

23 DEFENSE ATTORNEY'S APPROVAL 

24 I have discussed this case and the plea agreement with my client, in detail and have 

25 advised the defendant of all matters within the scope of Fed. R. Crim. P. 11, the 

26 constitutional and other rights of an accused, the factual basis for and the nature of the 

27 offense to which the guilty plea will be entered, possible defenses, and the consequences of 

28 the guilty plea including the maximum statutory sentence possible and the defendant's 

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waiver of his right to appeal. I have further discussed the sentencing guideline concept with 

the defendant. No assurances, promises, or representations have been given to me or to the 

defendant by the United States or by any of its representatives which are not contained in 

this written agreement. 

· I concur in the entry of the plea as indicated above and on the terms and conditions 

set forth in this agreement as in the best interests of my client. I agree to make a bona fide 

effort to ensure that the guilty plea is entered in accordance with all the requirements of 

Fed. R. Crim. P. 11. 

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Date Steven West, Esq. 

Attorney for the defendant 11 

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GOVERNMENT'S APPROVAL 

I have reviewed this matter and the plea agreement. I agree on behalf of the United 

States that the terms and conditions set forth are appropriate and are in the best interests of 

justice. 

Date 

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ELIZABETH A. STRANGE 

First Assistant United States Attorney 

District of Arizona 

~·· SHEL EYK.G:CLEMENS 

Assistant U.S. Attorney 

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