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the statute of limitations, the Speedy Trial Act, or constitutional restrictions in bringing

later charges or proceedings. Defendant understands that any statements made at the time
of Defendant’s change of plea or sentencing may be used against Defendant in any
subsequent hearing, trial, or proceeding subject to the limitations of Federal Rule of
Evidence 410.

6. WAIVER OF DEFENSES AND APPEAL RIGHTS

Defendant waives (1) any and all motions, defenses, probable cause determinations,
and objections that Defendant could assert to the indictment or information; and (2) any
right to file an appeal, any collateral attack, and any other writ or motion that challenges
the conviction, an order of restitution or forfeiture, the entry of judgment against the
defendant, or any aspect of Defendant’s sentence, including the manner in which the
sentence is determined, including but not limited to any appeals under 18 U.S.C. § 3742
(sentencing appeals) and motions under 28 U.S.C. §§ 2241 and 2255 (habeas petitions),
and any right to file a motion for modification of sentence, including under 18 U.S.C. §
3582(c). This waiver shall result in the dismissal of any appeal, collateral attack, or other
motion Defendant might file challenging the conviction, order of restitution or forfeiture,
or sentence in this case. This waiver shall not be construed to bar an otherwise-preserved
claim of ineffective assistance of counsel or of “prosecutorial misconduct” (as that term is
defined by Section IIB of Ariz. Ethics Op. 15-01 (2015)).

7. DISCLOSURE OF INFORMATION

a. The United States retains the unrestricted right to provide information and
make any and all statements it deems appropriate to the U.S. Probation Office and to the
Court in connection with the case.

b. Any information, statements, documents, and evidence that Defendant
provides to the United States pursuant to this agreement may be used against Defendant at
any time.

c. Defendant shall cooperate fully with the U.S. Probation Office. Such

cooperation shall include providing complete and truthful responses to questions posed by

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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
such revocation, notwithstanding any other provision of this agreement, I may be required
to serve a term of imprisonment or my sentence otherwise may be altered.

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 a separate document and
may be filed with the Court under seal; accordingly, additional agreements, if any, may not
be in the public record.

I further agree that promises, including any predictions as to the Sentencing
Guideline range or to any Sentencing Guideline factors that will apply, made by anyone
(including my attorney) that are not contained within this written plea agreement, are null
and void and have no force and effect.

lam satisfied that my defense attorney has represented me in a competent manner.

I fully understand the terms and conditions of this plea agreement. I am not now
using or under the influence of any drug, medication, liquor, or other intoxicant or
depressant that would impair my ability to fully understand the terms and conditions of this
plea agreement.

fo 30-UF 69

Date raig Allen Moore
Defendant

APPROVAL OF DEFENSE COUNSEL
I have discussed this case and the plea agreement with my client in detail and have
advised my client of all matters within the scope of Federal Rule of Criminal Procedure
11, the constitutional and other rights of an accused, the factual basis for and the nature of
the offense to which the guilty plea will be entered, possible defenses, and the

consequences of the guilty plea including the maximum statutory sentence possible. I have

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agrees that forfeiture of the assets is appropriate and in accordance with the applicable
forfeiture statutes, which may include 8 U.S.C. § 1324(b), 18 U.S.C. §§ 924(d), 981, 982
and 2253, 21 U.S.C. §§ 853 and 881, and 28 U.S.C. § 2461(c).

d. Forfeiture of Defendant’s assets shall not be treated as satisfaction of any
fine, restitution, cost of imprisonment, or any other penalty this court may impose upon the
defendant in addition to forfeiture. This agreement does not preclude the United States
from instituting any civil or administrative forfeiture proceedings as may be appropriate
now or in the future.

e. Defendant agrees to waive all constitutional and statutory challenges in any
manner (including direct appeal, habeas corpus, double jeopardy or any other means) to
any forfeiture imposed as a result of this indictment or any pending or completed
administrative or civil forfeiture actions based upon the course of conduct that provides the
factual basis for the forfeiture, including that the forfeiture constitutes an excessive fine or
punishment. Defendant agrees to take all steps as requested by the United States to pass
clear title to forfeitable assets to the United States, and to testify truthfully in any judicial
forfeiture proceeding. Defendant acknowledges that all property covered by this
agreement is subject to forfeiture as proceeds of illegal conduct, property facilitating illegal
conduct, and substitute assets for property otherwise subject to forfeiture, and that no other
person or entity has a legitimate claim to these items listed.

f. Defendant agrees not to file a claim to any of the listed property in any civil
proceeding, administrative or judicial, which may be initiated. Defendant further agrees
that he/she will not contest civil, administrative or judicial forfeiture of the listed property.
Defendant agrees to waive his right to notice of any forfeiture proceeding involving this
property, and agrees not to file a claim or assist others in filing a claim in that forfeiture
proceeding.

g The United States reserves its right to proceed against any remaining assets
not identified either in this agreement or in any civil actions which are being resolved along

with this plea of guilty, including any property in which Defendant has any interest or

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the U.S. Probation Office including, but not limited to, questions relating to:

(1) criminal convictions, history of drug abuse, and mental illness; and
(2) _ financial information, including present financial assets or liabilities
that relate to the ability of Defendant to pay a fine or restitution.
8. FORFEITURE, CIVIL, AND ADMINISTRATIVE PROCEEDINGS

a. Nothing in this agreement shall be construed to protect Defendant from
administrative or civil forfeiture proceedings or prohibit the United States from proceeding
with and/or initiating an action for civil forfeiture. Pursuant to 18 U.S.C. § 3613, all
monetary penalties, including restitution imposed by the Court, shall be due immediately
upon judgment, shall be subject to immediate enforcement by the United States, and shall
be submitted to the Treasury Offset Program so that any federal payment or transfer of
returned property Defendant receives may be offset and applied to federal debts (which
offset will not affect the periodic payment schedule). If the Court imposes a schedule of
payments, the schedule of payments shall be merely a schedule of minimum payments and
shall not be a limitation on the methods available to the United States to enforce the
judgment.

b. Defendant agrees to forfeit, and hereby forfeits, all interest in any asset that
Defendant owns or over which Defendant exercises control, directly or indirectly, as well
as any property that is traceable to, derived from, fungible with, or a substitute for property
that constitutes the proceeds of his offense, or which was used to facilitate the commission
of his offense. Defendant further agrees to assist the United States in any manner requested
in an effort to sell or manage any such property.

c. Defendant further agrees to waive all interest in any such asset in any
administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal.
Defendant agrees to consent to the entry of orders of forfeiture for such property and waives
the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice
of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing,

and incorporation of the forfeiture in the judgment. Defendant further understands and

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wit: a Springfield .40 caliber handgun with serial number ending in -2933) that had been
seized as evidence and that was previously stolen. I treated and used the firearm as my
own, and did not intend to return it to the agency that seized the firea

Between about October 31, 2010, and November 1, 20 4 Ipcharged purchases to a
credit card issued to me by my employer, the Bureau of Land\wlanagement, to pay for
$1,000 of personal expenses not related to my employment and not authorized by my
employer. .

APPROVAL AND ACCEPTANCE OF THE DEFENDANT

I have read the entire plea agreement with the assistance of my attorney. I
understand each of its provisions and I voluntarily agree to it.

I have discussed the case and my constitutional and other rights with my attorney.
I understand that by entering my plea of guilty I shall waive 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 doubt. I also waive any
statute of limitations defense that I may have to any act that is included in the indictment
or the factual basis to this agreement.

I agree to enter my guilty plea as indicated above on the terms and conditions set
forth in this agreement.

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 and that my ultimate sentence shall be determined by the Court
after consideration of the advisory Sentencing Guidelines.

My guilty plea is not the result of force, threats, assurances, or promises, other than
the promises contained in this agreement. I voluntarily agree to the provisions of this
agreement and I agree to be bound according to its provisions.

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

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——Fueo  X_topaep | [rue __covako
—— RECEIVED ___ COPY RECEIVED coPy|
JUL 8 0 2018 R
ELIZABETH A. STRANGE | MAR 0 2 2020
irst Assistant United States Attorne@LERK U S DISTRICT cour CLERK U S DISTRICT COUF
District of Arizona DISTRICT OF ARIZONA DISTRICT OF APHZONA
By____________DEPL Y| |ay. DEPY Y

NATALIE B. HUDDLESTON
Arizona State Bar No. 023281
Natalie. Huddleston@usdoj.gov

Assistant United States Attorneys
Two Renaissance Square

40 N. Central Ave., Suite 1800
Phoenix, Arizona 85004
Telephone: 602-514-7500
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

United States of America, CR-18-00241-SPL
Plaintiff,
PLEA AGREEMENT
vs.
Craig Allen Moore
Defendant.

The United States and Defendant Craig Allen Moore agree to dispose of this matter
on the following terms and conditions:
1. PLEA
Defendant will plead guilty to two counts:
© Count One of the Indictment, Possession of a Stolen Firearm, a class C felony
in violation of 18 U.S.C. §§ 922(j) & 924(a)(2); and
¢ Count One of the Information, Aiding and Abetting the Theft of Public Funds, a
class A misdemeanor in violation of 18 U.S.C. §§ 641 and 2.
Defendant will also admit to the forfeiture allegation in the Indictment.
2. MAXIMUM PENALTIES
a. A felony violation of Possession of a Stolen Firearm under 18 U.S.C. §§

922(j) & 924(a)(2) is punishable by a maximum fine of $250,000, a maximum term of

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further discussed the concept of the advisory Sentencing Guidelines with my client. No

assurances, promises, or representations have been given to me or to my client by the
United States or any of its representatives that are not contained in this written agreement.
I concur in the entry of the plea as indicated above and that the terms and conditions set
forth in this agreement are 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
Federal Rule of Criminal Procedure 11

4-30-18 | Brin oa

Date Jon-M? Sands
Attorney for Defendan ant

APPROVAL OF THE UNITED STATES
Ihave reviewed this matter and the plea agreement. I agree on behalf of the United
States that the terms and conditions set forth herein are appropriate and are in the best
interests of justice.
Elizabeth A. Strange

First Assistant United States Attorney
District of Arizona

1-30-18 / OWS
Date at B. Huddleston
Assistant U.S. Attorney

ACCEPTANCE BY THE COURT

3/5/ 020

Date fonorable Steven P.
United States District Judge

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control, if said assets, real or personal, tangible or intangible were involved in the offenses.
h. Defendant hereby waives, and agrees to hold the government and its agents
and employees harmless from any and all claims whatsoever in connection with the seizure,
forfeiture, and disposal of the property described above. Without limitation, Defendant
understands and agrees that by virtue of this plea of guilty, Defendant will waive any rights
or cause of action that the defendant might otherwise have had to claim that he is a
“substantially prevailing party” for the purpose of recovery of attorney fees and other
litigation costs in any related civil forfeiture proceeding pursuant to 28 U.S.C. § 2465(b)(1).
9. ELEMENTS
Possession of a Stolen Firearm, 18 U.S.C. § 922(j) & 924(a)(2)
Between about October 31, 2010, and November 1, 2017, in the District of Arizona
and elsewhere:
1. The defendant knowingly possessed, received, and stored a stolen firearm;
2. The firearm had been shipped or transported from one state to another; and
3. The defendant knew or had reasonable cause to believe that the firearm had been
stolen.
Theft of Public Funds, 18 U.S.C. § 641 oF
Between about October 31, 2010, and November 1, 2017, in the District of Arizona
and elsewhere: cM
1. Defendant knowingly converted property or money to his own use and the use of
another, with the intention of depriving the owner of the property;
2. The money or property belonged to the United States; and
3. The value of the money or property does not exceed $1,000.
10. FACTUAL BASIS
Defendant admits that the following facts are true and that if this matter were to
proceed to trial the United States could prove the following facts beyond a reasonable
doubt:
Between about October 31, 2010, and November 1, 2017, I possessed a firearm (to

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immediately obtain a credit report to evaluate Defendant’s ability to satisfy any financial

obligation imposed by the Court. Defendant also shall make full disclosure of all current
and projected assets to the U.S. Probation Office immediately and prior to the termination
of Defendant’s supervised release or probation, such disclosures to be shared with the U.S.
Attorney’s Office, including the Financial Litigation Unit, for any purpose. Finally,
Defendant shall participate in the Inmate Financial Responsibility Program to fulfill all
financial obligations due and owing under this agreement and the law.

d. Acceptance of Responsibility. If Defendant makes full and complete
disclosure to the U.S. Probation Office of the circumstances surrounding Defendant’s
commission of the offense, and if Defendant demonstrates an acceptance of responsibility
for this offense up to and including the time of sentencing, the United States will
recommend a two-level reduction in the applicable Sentencing Guidelines offense level
pursuant to U.S.S.G.§ 3E1.1(a). If Defendant has an offense level of 16 or more, the United
States will recommend an additional one-level reduction in the applicable Sentencing
Guidelines offense level pursuant to U.S.S.G, § 3E1.1(b).

4 AGREEMENT TO DISMISS OR NOT TO PROSECUTE

This agreement does not, in any manner, restrict the actions of the United States in
any other district or bind any other United States Attorney’s Office.

5. COURT APPROVAL REQUIRED; REINSTITUTION OF PROSECUTION

a. If the Court, after reviewing this plea agreement, concludes that any
provision contained herein is inappropriate, it may reject the plea agreement and give
Defendant the opportunity to withdraw the guilty plea in accordance with Federal Rule of
Criminal Procedure 11(c)(5).

b. If Defendant’s guilty plea or plea agreement is rejected, withdrawn, vacated,
or reversed at any time, this agreement shall be null and void, the United States shall be
free to prosecute Defendant for all crimes of which it then has knowledge and any charges
that have been dismissed because of this plea agreement shall automatically be reinstated.

In such event, Defendant waives any and all objections, motions, and defenses based upon

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abide by the following conditions:

(i) Defendant shall comply with all pre-trial release conditions ordered
by the Court and shall submit to and follow a program of supervision as directed by
the United States Pretrial Services Office.

(ii) | Defendant shall provide the supervising pretrial officer access to any
requested financial information.

(ii) Defendant shall participate in and complete any drug or alcohol
counseling or rehabilitation programs as directed by the supervising pretrial officer.

(iv) Defendant agrees to make monthly restitution payments in an amount
to be determined by the supervising pretrial officer.

During the 24-month period of deferred sentencing, for good cause shown, the Court
may modify the terms of supervision under this agreement or, upon a willful violation of
the conditions of this agreement, sentence Defendant on both counts of the information.
The procedures set forth in Federal Rule of Criminal Procedure 32.1 apply to such action.

If Defendant complies with the conditions of this agreement, including the monthly
payment of restitution, he will be allowed to withdraw his guilty plea as to Count 1 of the
Indictment (Possession of a Stolen Firearm) and the United States will move to dismiss
that count; Defendant will then be sentenced only on Count 1 of the information, a
misdemeanor offense.

b. Restitution. As restitution, Defendant agrees to pay $1,000.00 to the Bureau
of Land Management, an amount representing the economic loss caused directly by
Defendant.

c Assets and Financial Responsibility. Defendant shall make a full accounting
of all assets in which Defendant has any legal or equitable interest. Defendant shall not
(and shall not aid or abet any other party to) sell, hide, waste, spend, or transfer any such
assets or property before sentencing, without the prior approval of the United States
(provided, however, that no prior approval will be required for routine, day-to-day

expenditures). Defendant also expressly authorizes the United States Attorney’s Office to

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imprisonment of 10 years, or both, and a term of supervised release of 3 years. A

misdemeanor violation of aiding and abetting the theft of public funds under 18 U.S.C. §§
641 and 2 is punishable by a maximum fine of $100,000, a maximum term of imprisonment
of 1 year, or both, and a term of supervised release of 1 year. The maximum term of
probation for either offense is 5 years.

b. According to the U.S. Sentencing Guidelines issued pursuant to the
Sentencing Reform Act of 1984, the Court shall order Defendant to:

(1) make restitution to any victim of the offense pursuant to 18 U.S.C.
§ 3663 and/or 3663A, unless the Court determines that restitution would not be
appropriate;

(2) pay a fine pursuant to 18 U.S.C. § 3572, unless the Court finds that a
fine is not appropriate;

(3) serve a term of supervised release when required by statute or when a
sentence of imprisonment of more than 1 year is imposed (with the understanding that the
Court may impose a term of supervised release in all other cases); and

(4) pay upon conviction a $100 special assessment for each count to
which Defendant pleads guilty pursuant to 18 U.S.C. § 3013.

c. The Court is required to consider the Sentencing Guidelines in determining
Defendant’s sentence. However, the Sentencing Guidelines are advisory, and the Court is
free to exercise its discretion to impose any reasonable sentence up to the maximum set by
statute for the crimes of conviction, unless there are stipulations to the contrary that the
Court accepts.

3. AGREEMENTS REGARDING SENTENCING

a. Stipulation. Pursuant to Federal of Criminal Procedure 11(c)(1)(C), the
parties stipulate that the loss amount for purposes of sentencing shall not exceed the actual
loss of $1,000.00 caused by Defendant. The parties further stipulate under Rule
11(c)(1)(C) that Defendant’s sentencing will be deferred for a period of 24 months from
the date of Defendant’s change of plea. During the 24-month period, Defendant agrees to

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