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FILED 'ttl''! IN THE UNITED STATES DISTRICT COURT UG , FOR THE NORTHERN DISTRICT OF ALABAMA 1£0 SlATES OlSlRlCl SOUTHERN DIVISION ms1R\CT Of UNITED STATES OF AMERICA ) ) v. ) CASE NO. 2:12-cr-00068-RDP-PWG ) BRIAN KEITH STEELE, ) also known as ) "B" ) PLEA AGREEMENT The Government and defendant hereby acknowledge the following plea agreement in this case: PLEA The defendant agrees to plead guilty to COUNTS ONE, SIX, SEVEN, EIGHT, NINE, and TEN of the Indictment filed in the above numbered and captioned matter and consent to an order of forfeiture. Regarding the NOTICE of ASSET FORFEITURE in the Indictment, the parties agree and stipulate to the allegations contained therein and further agree and stipulate to the entry of a money judgment against the defendant in the amount of $250,000 in relation to the NOTICE of ASSET FORFEITURE. In exchange, the United States Attorney, acting on behalf of the Government and through the undersigned Assistant United States Attorney, agrees to recommend the disposition specified below, subject to Page 1 of 23 Defendant's Initials FILED 2012 Aug-14 PM 03:20 U.S. DISTRICT COURT N.D. OF ALABAMA Case 2:12-cr-00068-RDP-MHH Document 50 Filed 08/14/12 Page 1 of 23

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Page 1: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

FILED ~ ttl IN THE UNITED STATES DISTRICT COURT

UG

~ FOR THE NORTHERN DISTRICT OF ALABAMA 1pound0 SlATES OlSlRlCl COU~ SOUTHERN DIVISION

~1lERN ms1RCT Of ~Bf UNITED STATES OF AMERICA )

) v ) CASE NO 212-cr-00068-RDP-PWG

) BRIAN KEITH STEELE )

also known as ) B )

PLEA AGREEMENT

The Government and defendant hereby acknowledge the following plea

agreement in this case

PLEA

The defendant agrees to plead guilty to COUNTS ONE SIX SEVEN

EIGHT NINE and TEN of the Indictment filed in the above numbered and

captioned matter and consent to an order of forfeiture Regarding the NOTICE of

ASSET FORFEITURE in the Indictment the parties agree and stipulate to the

allegations contained therein and further agree and stipulate to the entry of a

money judgment against the defendant in the amount of $250000 in relation to the

NOTICE ofASSET FORFEITURE In exchange the United States Attorney

acting on behalf of the Government and through the undersigned Assistant United

States Attorney agrees to recommend the disposition specified below subject to

Page 1 of 23 Defendants Initials ~

FILED 2012 Aug-14 PM 0320US DISTRICT COURT

ND OF ALABAMA

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 1 of 23

the conditions in paragraphs VII and VIII

TERMS OF THE AGREEMENT

I MAXIMUM PUNISHMENT

The defendant understands that the maximum statutory punishment that may

be imposed for the crime of Conspiracy to Possess with the Intent to Distribute and

Distribution of Two-Hundred and Eighty (280) Grams or More ofa Mixture and

Substance Containing a Detectable Amount of Cocaine Base (Crack Cocaine)

and Five Kilograms or More of a Mixture and Substance Containing a Detectable

Amount ofCocaine Hydrochloride in violation ofTitle 21 United States Code

Sections 846 841(a)(1) and (b)(l)(A) as charged in COUNT ONE and as

enhanced pursuant to Title 21 United States Code Section 851 is

a Imprisonment for not less than Twenty (20) years nor more than

LIFE

b A fine of not more than $20000000 or

c Both (a and b)

d Supervised release ofnot less than ten (10) years and

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime ofDistribution of a Mixture and Substance

U (JPage 2 of 23 Defendants Initials l) )

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 2 of 23

Containing a Detectable Amount ofCocaine Hydrochloride in violation ofTitle

21 United States Code Sections 841(a)(1) and (b)(1)(C) as charged in COlJNTS

SIX and SEVEN and as enhanced pursuant to Title 21 United States Code

Section 851 is

a Imprisonment for not more than Thirty (30) years

b A fine of not more than $2000000 or

c Both (a and b)

d Supervised release of not less than six (6) years and

L ft () ~ e Special Assessment Fee of$100 Cpta tCA-hi ) liJ fJ-

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime of Possession with the Intent to Distribute a

Mixture and Substance Containing a Detectable Amount of Cocaine

Hydrochloride in violation ofTitle 21 United States Code Sections 841(a)(1) and

(b)(1)(C) as charged in COUNT EIGHT and as enhanced pursuant to Title 21

United States Code Section 851 is

a Imprisonment for not more than Thirty (30) years

b A fine of not more than $2000000 or

c Both (a and b)

d Supervised release of not less than six (6) years and

Page 3 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 3 of 23

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa

Drug Trafficking Crime in violation of Title 18 United States Code Section

924(c)(1)(A)(i) as charged in COUNT NINE is

a Imprisonment for not less than five years

b A fine of not more than $250000

c Both (a and b)

d Supervised release term of not more than five years and

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime of Felon in Possession of a Firearm in violation

of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is

a Imprisonment for not more than 10 years

h A fine of not more than $250000 or

c Both (a and b)

d Supervised release of not more than 3 years and

e Special Assessment Fee of$100

Page 4 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23

II FACTUAL BASIS FOR PLEA

The Government is prepared to prove at a minimum the following facts at

the trial ofthis case

OVERVIEW OF THE CONSPIRACY (COUNT ONE)

In August of2009 law enforcement authorities received information from a

confidential source (hereinafter referred to as CS 1) that Michael Shepherd was

dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that

Shepherd had a source of supply for cocaine who dealt in kilogram quantities of

cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to

discuss potential drug transactions Through investigation agents with the Drug

Enforcement Administration (DEA) identified David Larso Lewis as Shepherds

source of supply for cocaine

In February of2010 DEA agents debriefed a confidential source

(hereinafter referred to as CS2) regarding hisher knowledge of Curtis

Washingtons involvement in the distribution of cocaine CS2 advised that

Washington was hislher source ofsupply for crack cocaine and that Washington

was able to obtain multiple ounce quantities ofcrack upon request CS2 also

advised that Washington often brokered drug deals between himselflherself and

hislher source of supply Through investigation and following several controlled

Page 5 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23

purchases of crack from Washington agents later learned that Washingtons

source of supply was also David Larso Lewis

On April 9 2010 DEA agents approached Curtis Washington in an effort to

obtain his possible cooperation in the investigation Washington agreed and

participated in a detailed debriefing of his knowledge of cocaine distribution in the

greater Birmingham area Washington advised that he had being selling cocaine

and crack for most of his adult life He also claimed to have been supplied by an

individual known only to him as Pookie for over 10 years In and around June

2006 Washington met David Larso Lewis who Washington claimed as his current

source of supply for cocaine According to Washington since the summer of

2006 he had been obtaining approximately two to four ounces of powder or

crack cocaine from Lewis every week Washington also gave agents several

telephone numbers for Lewis

Based upon the information provided by Washington DEA agents obtained

call toll records for the cellular telephone numbers for Lewis provided by

Washington Telephone toll analysis revealed that Lewis was in regular contact

with a number of individuals linked to current DEA investigations

On August 112010 Washington contacted DEA agents to advise that

Lewis had contacted him and accused him ofcooperation with law enforcement

Page 6 of 23 Defendants Initials 6J

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23

According to Washington Lewis stated that he was aware that law enforcement

were on to him and that he will not be caught because he would not touch it

meaning that Lewis will no longer sell to retail street dealers but rather will only

deal with large quantities involving those close to him Lewis then warned

Washington not to contact him directly Lewis said that he would contact

Washington ifhe had cocaine to selL Finally he advised Washington that he

would be obtaining a new telephone number with a 413 area code

On January 28 2011 DEA agents established surveillance on David Lewis

who was at an apartment in Hoover Alabama where he would often stay with his

girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his

identity agents approached Lewis who was seated in the drivers seat of his 2007

black Chevrolet Corvette convertible Agents detained Lewis briefly while other

DEA agents approached the apartment and obtained consent to search from Ms

Jones During a search ofthe apartment agents recovered a Kimber45 caliber

pistol four digital scales and other drug related items Agents also discovered a

safe for which they did not have a combination Lewis who was transported to the

Birmingham DEA office for questioning was asked for consent to search the safe

Lewis gave consent and provided agents with the combination Inside agents

recovered several quantities of marijuana totaling 1814 net grams

Page 7 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 2: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

the conditions in paragraphs VII and VIII

TERMS OF THE AGREEMENT

I MAXIMUM PUNISHMENT

The defendant understands that the maximum statutory punishment that may

be imposed for the crime of Conspiracy to Possess with the Intent to Distribute and

Distribution of Two-Hundred and Eighty (280) Grams or More ofa Mixture and

Substance Containing a Detectable Amount of Cocaine Base (Crack Cocaine)

and Five Kilograms or More of a Mixture and Substance Containing a Detectable

Amount ofCocaine Hydrochloride in violation ofTitle 21 United States Code

Sections 846 841(a)(1) and (b)(l)(A) as charged in COUNT ONE and as

enhanced pursuant to Title 21 United States Code Section 851 is

a Imprisonment for not less than Twenty (20) years nor more than

LIFE

b A fine of not more than $20000000 or

c Both (a and b)

d Supervised release ofnot less than ten (10) years and

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime ofDistribution of a Mixture and Substance

U (JPage 2 of 23 Defendants Initials l) )

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 2 of 23

Containing a Detectable Amount ofCocaine Hydrochloride in violation ofTitle

21 United States Code Sections 841(a)(1) and (b)(1)(C) as charged in COlJNTS

SIX and SEVEN and as enhanced pursuant to Title 21 United States Code

Section 851 is

a Imprisonment for not more than Thirty (30) years

b A fine of not more than $2000000 or

c Both (a and b)

d Supervised release of not less than six (6) years and

L ft () ~ e Special Assessment Fee of$100 Cpta tCA-hi ) liJ fJ-

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime of Possession with the Intent to Distribute a

Mixture and Substance Containing a Detectable Amount of Cocaine

Hydrochloride in violation ofTitle 21 United States Code Sections 841(a)(1) and

(b)(1)(C) as charged in COUNT EIGHT and as enhanced pursuant to Title 21

United States Code Section 851 is

a Imprisonment for not more than Thirty (30) years

b A fine of not more than $2000000 or

c Both (a and b)

d Supervised release of not less than six (6) years and

Page 3 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 3 of 23

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa

Drug Trafficking Crime in violation of Title 18 United States Code Section

924(c)(1)(A)(i) as charged in COUNT NINE is

a Imprisonment for not less than five years

b A fine of not more than $250000

c Both (a and b)

d Supervised release term of not more than five years and

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime of Felon in Possession of a Firearm in violation

of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is

a Imprisonment for not more than 10 years

h A fine of not more than $250000 or

c Both (a and b)

d Supervised release of not more than 3 years and

e Special Assessment Fee of$100

Page 4 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23

II FACTUAL BASIS FOR PLEA

The Government is prepared to prove at a minimum the following facts at

the trial ofthis case

OVERVIEW OF THE CONSPIRACY (COUNT ONE)

In August of2009 law enforcement authorities received information from a

confidential source (hereinafter referred to as CS 1) that Michael Shepherd was

dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that

Shepherd had a source of supply for cocaine who dealt in kilogram quantities of

cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to

discuss potential drug transactions Through investigation agents with the Drug

Enforcement Administration (DEA) identified David Larso Lewis as Shepherds

source of supply for cocaine

In February of2010 DEA agents debriefed a confidential source

(hereinafter referred to as CS2) regarding hisher knowledge of Curtis

Washingtons involvement in the distribution of cocaine CS2 advised that

Washington was hislher source ofsupply for crack cocaine and that Washington

was able to obtain multiple ounce quantities ofcrack upon request CS2 also

advised that Washington often brokered drug deals between himselflherself and

hislher source of supply Through investigation and following several controlled

Page 5 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23

purchases of crack from Washington agents later learned that Washingtons

source of supply was also David Larso Lewis

On April 9 2010 DEA agents approached Curtis Washington in an effort to

obtain his possible cooperation in the investigation Washington agreed and

participated in a detailed debriefing of his knowledge of cocaine distribution in the

greater Birmingham area Washington advised that he had being selling cocaine

and crack for most of his adult life He also claimed to have been supplied by an

individual known only to him as Pookie for over 10 years In and around June

2006 Washington met David Larso Lewis who Washington claimed as his current

source of supply for cocaine According to Washington since the summer of

2006 he had been obtaining approximately two to four ounces of powder or

crack cocaine from Lewis every week Washington also gave agents several

telephone numbers for Lewis

Based upon the information provided by Washington DEA agents obtained

call toll records for the cellular telephone numbers for Lewis provided by

Washington Telephone toll analysis revealed that Lewis was in regular contact

with a number of individuals linked to current DEA investigations

On August 112010 Washington contacted DEA agents to advise that

Lewis had contacted him and accused him ofcooperation with law enforcement

Page 6 of 23 Defendants Initials 6J

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23

According to Washington Lewis stated that he was aware that law enforcement

were on to him and that he will not be caught because he would not touch it

meaning that Lewis will no longer sell to retail street dealers but rather will only

deal with large quantities involving those close to him Lewis then warned

Washington not to contact him directly Lewis said that he would contact

Washington ifhe had cocaine to selL Finally he advised Washington that he

would be obtaining a new telephone number with a 413 area code

On January 28 2011 DEA agents established surveillance on David Lewis

who was at an apartment in Hoover Alabama where he would often stay with his

girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his

identity agents approached Lewis who was seated in the drivers seat of his 2007

black Chevrolet Corvette convertible Agents detained Lewis briefly while other

DEA agents approached the apartment and obtained consent to search from Ms

Jones During a search ofthe apartment agents recovered a Kimber45 caliber

pistol four digital scales and other drug related items Agents also discovered a

safe for which they did not have a combination Lewis who was transported to the

Birmingham DEA office for questioning was asked for consent to search the safe

Lewis gave consent and provided agents with the combination Inside agents

recovered several quantities of marijuana totaling 1814 net grams

Page 7 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 3: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

Containing a Detectable Amount ofCocaine Hydrochloride in violation ofTitle

21 United States Code Sections 841(a)(1) and (b)(1)(C) as charged in COlJNTS

SIX and SEVEN and as enhanced pursuant to Title 21 United States Code

Section 851 is

a Imprisonment for not more than Thirty (30) years

b A fine of not more than $2000000 or

c Both (a and b)

d Supervised release of not less than six (6) years and

L ft () ~ e Special Assessment Fee of$100 Cpta tCA-hi ) liJ fJ-

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime of Possession with the Intent to Distribute a

Mixture and Substance Containing a Detectable Amount of Cocaine

Hydrochloride in violation ofTitle 21 United States Code Sections 841(a)(1) and

(b)(1)(C) as charged in COUNT EIGHT and as enhanced pursuant to Title 21

United States Code Section 851 is

a Imprisonment for not more than Thirty (30) years

b A fine of not more than $2000000 or

c Both (a and b)

d Supervised release of not less than six (6) years and

Page 3 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 3 of 23

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa

Drug Trafficking Crime in violation of Title 18 United States Code Section

924(c)(1)(A)(i) as charged in COUNT NINE is

a Imprisonment for not less than five years

b A fine of not more than $250000

c Both (a and b)

d Supervised release term of not more than five years and

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime of Felon in Possession of a Firearm in violation

of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is

a Imprisonment for not more than 10 years

h A fine of not more than $250000 or

c Both (a and b)

d Supervised release of not more than 3 years and

e Special Assessment Fee of$100

Page 4 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23

II FACTUAL BASIS FOR PLEA

The Government is prepared to prove at a minimum the following facts at

the trial ofthis case

OVERVIEW OF THE CONSPIRACY (COUNT ONE)

In August of2009 law enforcement authorities received information from a

confidential source (hereinafter referred to as CS 1) that Michael Shepherd was

dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that

Shepherd had a source of supply for cocaine who dealt in kilogram quantities of

cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to

discuss potential drug transactions Through investigation agents with the Drug

Enforcement Administration (DEA) identified David Larso Lewis as Shepherds

source of supply for cocaine

In February of2010 DEA agents debriefed a confidential source

(hereinafter referred to as CS2) regarding hisher knowledge of Curtis

Washingtons involvement in the distribution of cocaine CS2 advised that

Washington was hislher source ofsupply for crack cocaine and that Washington

was able to obtain multiple ounce quantities ofcrack upon request CS2 also

advised that Washington often brokered drug deals between himselflherself and

hislher source of supply Through investigation and following several controlled

Page 5 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23

purchases of crack from Washington agents later learned that Washingtons

source of supply was also David Larso Lewis

On April 9 2010 DEA agents approached Curtis Washington in an effort to

obtain his possible cooperation in the investigation Washington agreed and

participated in a detailed debriefing of his knowledge of cocaine distribution in the

greater Birmingham area Washington advised that he had being selling cocaine

and crack for most of his adult life He also claimed to have been supplied by an

individual known only to him as Pookie for over 10 years In and around June

2006 Washington met David Larso Lewis who Washington claimed as his current

source of supply for cocaine According to Washington since the summer of

2006 he had been obtaining approximately two to four ounces of powder or

crack cocaine from Lewis every week Washington also gave agents several

telephone numbers for Lewis

Based upon the information provided by Washington DEA agents obtained

call toll records for the cellular telephone numbers for Lewis provided by

Washington Telephone toll analysis revealed that Lewis was in regular contact

with a number of individuals linked to current DEA investigations

On August 112010 Washington contacted DEA agents to advise that

Lewis had contacted him and accused him ofcooperation with law enforcement

Page 6 of 23 Defendants Initials 6J

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23

According to Washington Lewis stated that he was aware that law enforcement

were on to him and that he will not be caught because he would not touch it

meaning that Lewis will no longer sell to retail street dealers but rather will only

deal with large quantities involving those close to him Lewis then warned

Washington not to contact him directly Lewis said that he would contact

Washington ifhe had cocaine to selL Finally he advised Washington that he

would be obtaining a new telephone number with a 413 area code

On January 28 2011 DEA agents established surveillance on David Lewis

who was at an apartment in Hoover Alabama where he would often stay with his

girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his

identity agents approached Lewis who was seated in the drivers seat of his 2007

black Chevrolet Corvette convertible Agents detained Lewis briefly while other

DEA agents approached the apartment and obtained consent to search from Ms

Jones During a search ofthe apartment agents recovered a Kimber45 caliber

pistol four digital scales and other drug related items Agents also discovered a

safe for which they did not have a combination Lewis who was transported to the

Birmingham DEA office for questioning was asked for consent to search the safe

Lewis gave consent and provided agents with the combination Inside agents

recovered several quantities of marijuana totaling 1814 net grams

Page 7 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

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a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 4: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime ofPossession of a Firearm in Furtherance ofa

Drug Trafficking Crime in violation of Title 18 United States Code Section

924(c)(1)(A)(i) as charged in COUNT NINE is

a Imprisonment for not less than five years

b A fine of not more than $250000

c Both (a and b)

d Supervised release term of not more than five years and

e Special Assessment Fee of$100

The defendant further understands that the maximum statutory punishment

that may be imposed for the crime of Felon in Possession of a Firearm in violation

of Title 18 United States Code Section 922(g)(I) as charged in COUNT TEN is

a Imprisonment for not more than 10 years

h A fine of not more than $250000 or

c Both (a and b)

d Supervised release of not more than 3 years and

e Special Assessment Fee of$100

Page 4 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 4 of 23

II FACTUAL BASIS FOR PLEA

The Government is prepared to prove at a minimum the following facts at

the trial ofthis case

OVERVIEW OF THE CONSPIRACY (COUNT ONE)

In August of2009 law enforcement authorities received information from a

confidential source (hereinafter referred to as CS 1) that Michael Shepherd was

dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that

Shepherd had a source of supply for cocaine who dealt in kilogram quantities of

cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to

discuss potential drug transactions Through investigation agents with the Drug

Enforcement Administration (DEA) identified David Larso Lewis as Shepherds

source of supply for cocaine

In February of2010 DEA agents debriefed a confidential source

(hereinafter referred to as CS2) regarding hisher knowledge of Curtis

Washingtons involvement in the distribution of cocaine CS2 advised that

Washington was hislher source ofsupply for crack cocaine and that Washington

was able to obtain multiple ounce quantities ofcrack upon request CS2 also

advised that Washington often brokered drug deals between himselflherself and

hislher source of supply Through investigation and following several controlled

Page 5 of 23 Defendants Initials ~

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purchases of crack from Washington agents later learned that Washingtons

source of supply was also David Larso Lewis

On April 9 2010 DEA agents approached Curtis Washington in an effort to

obtain his possible cooperation in the investigation Washington agreed and

participated in a detailed debriefing of his knowledge of cocaine distribution in the

greater Birmingham area Washington advised that he had being selling cocaine

and crack for most of his adult life He also claimed to have been supplied by an

individual known only to him as Pookie for over 10 years In and around June

2006 Washington met David Larso Lewis who Washington claimed as his current

source of supply for cocaine According to Washington since the summer of

2006 he had been obtaining approximately two to four ounces of powder or

crack cocaine from Lewis every week Washington also gave agents several

telephone numbers for Lewis

Based upon the information provided by Washington DEA agents obtained

call toll records for the cellular telephone numbers for Lewis provided by

Washington Telephone toll analysis revealed that Lewis was in regular contact

with a number of individuals linked to current DEA investigations

On August 112010 Washington contacted DEA agents to advise that

Lewis had contacted him and accused him ofcooperation with law enforcement

Page 6 of 23 Defendants Initials 6J

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23

According to Washington Lewis stated that he was aware that law enforcement

were on to him and that he will not be caught because he would not touch it

meaning that Lewis will no longer sell to retail street dealers but rather will only

deal with large quantities involving those close to him Lewis then warned

Washington not to contact him directly Lewis said that he would contact

Washington ifhe had cocaine to selL Finally he advised Washington that he

would be obtaining a new telephone number with a 413 area code

On January 28 2011 DEA agents established surveillance on David Lewis

who was at an apartment in Hoover Alabama where he would often stay with his

girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his

identity agents approached Lewis who was seated in the drivers seat of his 2007

black Chevrolet Corvette convertible Agents detained Lewis briefly while other

DEA agents approached the apartment and obtained consent to search from Ms

Jones During a search ofthe apartment agents recovered a Kimber45 caliber

pistol four digital scales and other drug related items Agents also discovered a

safe for which they did not have a combination Lewis who was transported to the

Birmingham DEA office for questioning was asked for consent to search the safe

Lewis gave consent and provided agents with the combination Inside agents

recovered several quantities of marijuana totaling 1814 net grams

Page 7 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

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a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

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II FACTUAL BASIS FOR PLEA

The Government is prepared to prove at a minimum the following facts at

the trial ofthis case

OVERVIEW OF THE CONSPIRACY (COUNT ONE)

In August of2009 law enforcement authorities received information from a

confidential source (hereinafter referred to as CS 1) that Michael Shepherd was

dealing cocaine in the greater Birmingham Alabama area CS 1 also advised that

Shepherd had a source of supply for cocaine who dealt in kilogram quantities of

cocaine To that end CS 1 began placing recorded telephone calls to Shepherd to

discuss potential drug transactions Through investigation agents with the Drug

Enforcement Administration (DEA) identified David Larso Lewis as Shepherds

source of supply for cocaine

In February of2010 DEA agents debriefed a confidential source

(hereinafter referred to as CS2) regarding hisher knowledge of Curtis

Washingtons involvement in the distribution of cocaine CS2 advised that

Washington was hislher source ofsupply for crack cocaine and that Washington

was able to obtain multiple ounce quantities ofcrack upon request CS2 also

advised that Washington often brokered drug deals between himselflherself and

hislher source of supply Through investigation and following several controlled

Page 5 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 5 of 23

purchases of crack from Washington agents later learned that Washingtons

source of supply was also David Larso Lewis

On April 9 2010 DEA agents approached Curtis Washington in an effort to

obtain his possible cooperation in the investigation Washington agreed and

participated in a detailed debriefing of his knowledge of cocaine distribution in the

greater Birmingham area Washington advised that he had being selling cocaine

and crack for most of his adult life He also claimed to have been supplied by an

individual known only to him as Pookie for over 10 years In and around June

2006 Washington met David Larso Lewis who Washington claimed as his current

source of supply for cocaine According to Washington since the summer of

2006 he had been obtaining approximately two to four ounces of powder or

crack cocaine from Lewis every week Washington also gave agents several

telephone numbers for Lewis

Based upon the information provided by Washington DEA agents obtained

call toll records for the cellular telephone numbers for Lewis provided by

Washington Telephone toll analysis revealed that Lewis was in regular contact

with a number of individuals linked to current DEA investigations

On August 112010 Washington contacted DEA agents to advise that

Lewis had contacted him and accused him ofcooperation with law enforcement

Page 6 of 23 Defendants Initials 6J

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23

According to Washington Lewis stated that he was aware that law enforcement

were on to him and that he will not be caught because he would not touch it

meaning that Lewis will no longer sell to retail street dealers but rather will only

deal with large quantities involving those close to him Lewis then warned

Washington not to contact him directly Lewis said that he would contact

Washington ifhe had cocaine to selL Finally he advised Washington that he

would be obtaining a new telephone number with a 413 area code

On January 28 2011 DEA agents established surveillance on David Lewis

who was at an apartment in Hoover Alabama where he would often stay with his

girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his

identity agents approached Lewis who was seated in the drivers seat of his 2007

black Chevrolet Corvette convertible Agents detained Lewis briefly while other

DEA agents approached the apartment and obtained consent to search from Ms

Jones During a search ofthe apartment agents recovered a Kimber45 caliber

pistol four digital scales and other drug related items Agents also discovered a

safe for which they did not have a combination Lewis who was transported to the

Birmingham DEA office for questioning was asked for consent to search the safe

Lewis gave consent and provided agents with the combination Inside agents

recovered several quantities of marijuana totaling 1814 net grams

Page 7 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 6: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

purchases of crack from Washington agents later learned that Washingtons

source of supply was also David Larso Lewis

On April 9 2010 DEA agents approached Curtis Washington in an effort to

obtain his possible cooperation in the investigation Washington agreed and

participated in a detailed debriefing of his knowledge of cocaine distribution in the

greater Birmingham area Washington advised that he had being selling cocaine

and crack for most of his adult life He also claimed to have been supplied by an

individual known only to him as Pookie for over 10 years In and around June

2006 Washington met David Larso Lewis who Washington claimed as his current

source of supply for cocaine According to Washington since the summer of

2006 he had been obtaining approximately two to four ounces of powder or

crack cocaine from Lewis every week Washington also gave agents several

telephone numbers for Lewis

Based upon the information provided by Washington DEA agents obtained

call toll records for the cellular telephone numbers for Lewis provided by

Washington Telephone toll analysis revealed that Lewis was in regular contact

with a number of individuals linked to current DEA investigations

On August 112010 Washington contacted DEA agents to advise that

Lewis had contacted him and accused him ofcooperation with law enforcement

Page 6 of 23 Defendants Initials 6J

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 6 of 23

According to Washington Lewis stated that he was aware that law enforcement

were on to him and that he will not be caught because he would not touch it

meaning that Lewis will no longer sell to retail street dealers but rather will only

deal with large quantities involving those close to him Lewis then warned

Washington not to contact him directly Lewis said that he would contact

Washington ifhe had cocaine to selL Finally he advised Washington that he

would be obtaining a new telephone number with a 413 area code

On January 28 2011 DEA agents established surveillance on David Lewis

who was at an apartment in Hoover Alabama where he would often stay with his

girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his

identity agents approached Lewis who was seated in the drivers seat of his 2007

black Chevrolet Corvette convertible Agents detained Lewis briefly while other

DEA agents approached the apartment and obtained consent to search from Ms

Jones During a search ofthe apartment agents recovered a Kimber45 caliber

pistol four digital scales and other drug related items Agents also discovered a

safe for which they did not have a combination Lewis who was transported to the

Birmingham DEA office for questioning was asked for consent to search the safe

Lewis gave consent and provided agents with the combination Inside agents

recovered several quantities of marijuana totaling 1814 net grams

Page 7 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 7: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

According to Washington Lewis stated that he was aware that law enforcement

were on to him and that he will not be caught because he would not touch it

meaning that Lewis will no longer sell to retail street dealers but rather will only

deal with large quantities involving those close to him Lewis then warned

Washington not to contact him directly Lewis said that he would contact

Washington ifhe had cocaine to selL Finally he advised Washington that he

would be obtaining a new telephone number with a 413 area code

On January 28 2011 DEA agents established surveillance on David Lewis

who was at an apartment in Hoover Alabama where he would often stay with his

girlfriend Kurslyn Jones the lessee ofthe apartment Upon confirming his

identity agents approached Lewis who was seated in the drivers seat of his 2007

black Chevrolet Corvette convertible Agents detained Lewis briefly while other

DEA agents approached the apartment and obtained consent to search from Ms

Jones During a search ofthe apartment agents recovered a Kimber45 caliber

pistol four digital scales and other drug related items Agents also discovered a

safe for which they did not have a combination Lewis who was transported to the

Birmingham DEA office for questioning was asked for consent to search the safe

Lewis gave consent and provided agents with the combination Inside agents

recovered several quantities of marijuana totaling 1814 net grams

Page 7 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 7 of 23

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 8: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

After being advised ofhis Miranda rights Lewis waived his rights and

agreed to speak with agents Lewis admitted to selling marijuana in order to

finance his lifestyle He also provided details regarding his marijuana source of

supply Reluctantly Lewis admitted to selling cocaine on behalf of a friend

known to him as B for Brian Lewis claimed that B was a multi-kilogram

level cocaine dealer He further admitted that on occasions he had made deliveries

ofhalf kilogram to multi-kilogram quantities ofcocaine as a favor to B Lewis

claimed that he was never paid for those transactions Lewis provided agents with

a telephone number for B and agreed to assist agents in investigating him

Through investigation agents identified B as the defendant Brian Keith Steele

Additionally Lewis agreed to begin making controlled purchases of cocaine from

Steele Lewis did in fact make controlled purchases from Steele on behalf of

DEA Those charges are reflected in Counts Six and Seven of the indictment in

this case

In an interview ofFebruary 2012 Lewis advised that he began buying

cocaine from Brian Steele in June of2006 According to Lewis he purchased one

ounce to four and a half ounce quantities of cocaine from Steele on approximately

15 different occasions Agents confirmed that Steele was supplying Lewis with

cocaine during the same period of time in which Lewis was supplying Shepherd

Page 8 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 8 of 23

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 9: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

and Washington Lewis also recounted four separate instances in 2009 when he

observed Steele sell at least two kilograms ofcocaine to another drug dealer At

these deals Lewis estimated that he observed Steele sell more than 6 to 10

kilograms of powder cocaine to this individual

March 9 2011 Controlled Purchase of Two and a Quarter Ounces of Cocaine from Brian Steele (COUNT SIX)

On March 9 2011 DEA agents met David Larso Lewis to attempt a

controlled purchase of two and a quarter ounces of powder cocaine from Brian

Steele In preparation of the deal agents thoroughly searched Lewis and his

vehicle for drugs weapons money or any type ofcontraband Finding none

agents directed Lewis to place a recorded telephone call to Steele in order to set up

the deaL The men agreed on the sale of two and a quarter ounces of cocaine in

exchange for $2000 The deal was set to take place at Steeles residence in

Birmingham Lewis was outfitted with an audio monitoring and recording device

provided with the $2000 buy money and followed to Steeles residence

Agents on surveillance videotaped Lewis as he waited for Steele to arrive

Shortly thereafter agents observed a silver Chevrolet Impala arrive and park next

to Steele Agents knew this car to be associated with Steele In addition Steele

was positively identified by agents familiar with his appearance as he pulled up

Page 9 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 9 of 23

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 10: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

next to Lewis Agents then saw Lewis exit his car and get into the front passenger

seat of Steeles car After a short price negotiation and discussion regarding the

quality of the cocaine the two men exchanged the drugs for the agreed upon price

of$1950 Two minutes later Lewis left Steeles car and drove away in his own

car followed by DBA agents

Following the transaction Lewis met with agents and turned over the

suspected cocaine the remaining $50 of buy money and the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of624

grams

March 29 2011 Controlled Purchase of Four and a Half Ounces of Powder Cocaine from Brian Steele (COUNT SEVEN)

On March 292011 DBA agents met with David Lewis to attempt a

controlled purchase of four and a half ounces of cocaine from Brian Steele In a

similar manner to that set forth above Lewis was directed to place a telephone call

to Steele in order to set up the deal The men agreed on the sale of four and a half

ounces ofcocaine for $3800 Before the deal agents had established surveillance

at Steeles home Shortly after plans for the deal had been established agents

observed Steele leaving his home in the silver Chevrolet Impala referenced in

Page 10 of 23 Defendants Initials 6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 10 of 23

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 11: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

Count Six above Like the deal before Lewis and his vehicle were thoroughly

searched for drugs weapons money or any type ofcontraband None were found

Lewis was again outfitted with an audio monitoring and recording device provided

with the $3800 buy money and followed to the location set for the meeting

Agents followed Steele from his home to the meet location where he pulled

into a nearby Burger King exited his car and entered the restaurant where he

ordered food Agents who were following Lewis then watched Lewis pull up to

the nearby meet location and wait for Steele Two minutes later Steele left the

Burger King and walked over to where Lewis was waiting The meeting which

was videotaped included a brief discussion during which Steele placed the food

purchased in the Burger King into Lewiss car He was also seen placing a second

brown paper bag in the car for which Lewis gave him the $3800

Following the transaction Lewis met with agents and turned over the brown

paper bag containing the suspected cocaine as well as the recording equipment

The substance was processed as evidence and submitted to the drug laboratory for

testing which confirmed it to be cocaine hydrochloride with a net weight of 1215

grams

Page 11 of 23 Defendants Initials amp

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 11 of 23

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 12: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

March 31 2011 Search Warrant at 509 4th Street SW Birmin2ham AL the home of Brian Steele (COUNTS NINE and TEN)

Based in part upon probable cause established from the controlled purchase

of four and a half ounces of powder cocaine from Brian Steele on March 29 2011

agents with the DEA obtained and executed a State ofAlabama search warrant at

Steeles residence located at 509 4th Street SW in Birmingham

Upon entering the home agents secured the residence and detained Brian

Steele the sole occupant of the house Agents used a digital camera to photograph

the rooms of the house and the items of evidentiary value seized

In a rear room of the home from inside a laundry hamper agents seized a

purple Crown Royal bag containing a clear plastic bag and another plastic grocery

bag Both of the plastic bags contained a white powdery substance believed to be

cocaine The items were seized and processed as evidence

Inside a dresser drawer of the master bedroom agents found a plastic bag

containing what appeared to be cocaine And from the left rear bedroom closet

agents seized a red Pooh Bear bag containing digital scales clear plastic baggies

and a separate plastic bag holding what agents believed to be cocaine From that

same closet agents seized a glass Pyrex measuring cup found inside a football

helmet lying on the floor of the closet From a black leather jacket hanging in the

same closet agents seized a Glock40 caliber pistol with accompanying magazine

Page 12 of 23 Defendants Initiats6S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 12 of 23

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 13: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

loaded with 10 rounds of 40 caliber ammunition From the master bedroom

agents seized an additional magazine for the gun also loaded with 10 rounds of 40

caliber ammunition Finally agents seized various documents associated with

Brian Steele from the home

As a convicted felon Steele was prohibited from possessing a firearm On

July 29 1994 he pled guilty in the Circuit Court of Jefferson County Alabama to

the offense ofUnlawful Possession ofa Controlled Substance in case number

CC94-002045

The Glock40 caliber pistol seized was manufactured outside ofAlabama

test-fired and found to function as designed

The amounts of suspected cocaine were processed as evidence and submitted

to the DEA drug testing laboratory for confirmatory testing which revealed the

presence ofcocaine hydrochloride with separately tested net weights of2461

grams 54 grams and 22 grams

The defendant hereby stipulates that the facts stated above are

substantially correct and that the Court can use these facts in calculating the

defendants sentence The defendant further acknowledges that these facts

Page 13 of 23 Defendants Initials M

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 13 of 23

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 14: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

do not constitute all of the evidence of each and every act that the defendant

andor any co-conspirators may have committed

~~)ZA~ BRIAN KEITH STEELE

III RECOMMENDED SENTENCE

Subject to the limitations in paragraph X regarding subsequent conduct and

pursuant to Rule 11(c)(1)(B) FedRCrimP the government in the absence of

substantial assistance by the defendant will recommend the following

disposition

(a) That the defendant be awarded an appropriate reduction in

offense level for acceptance of responsibility

(b) That the defendant be remanded to the custody of the Bureau of

Prisons and incarcerated for a term consistent with the low end

of the advisory United States Sentencing Guideline range as

that is determined by the court on the date that the sentence is

pronounced

(c) That following the said term of imprisonment the defendant be

placed on supervised release for a period to be determined by

the court subject to the standard conditions of supervised

Page 14 of 23 Defendants Initials tsshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 14 of 23

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 15: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

release as set forth in USSG sect 5D13 and any other special

conditions set by the court

(d) That the defendant be required to pay a fine in accordance with

the sentencing guidelines said amount due and owing as of the

date sentence is pronounced with any outstanding balance to be

paid in full by the expiration ofthe term of supervised release

(e) That the defendant be required to pay restitution as ordered by

the court on the date sentence is pronounced if the court so

orders restitution at all and

(f) That the defendant pay a special assessment fee of $600

said amount due and owing as of the date sentence is

pronounced

IV WAIVER OF RIGHT TO APPEAL AND POST -CONVICTION RELIEF

In consideration of the recommended disposition of this case I BRIAN

KEITH STEELE hereby waive and give up my right to appeal my conviction

andor sentence in this case as well as any fines restitution and forfeiture

orders the court might impose Further I waive and give up the right to

challenge my conviction andor sentence any fines restitution forfeiture

orders imposed or the manner in which my conviction andor sentence any

Page 15 of 23 Defendants Initials 73fshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 15 of 23

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 16: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

fines restitution and forfeiture orders were determined in any postshy

conviction proceeding including but not limited to a motion brought under

28 usc sect 2255

The defendant reserves the right to contest in an appeal or postshy

conviction proceeding the following

(a) Any sentence imposed in excess of the applicable statutory

maximum sentence(s)

(b) Any sentence imposed in excess of the guideline sentencing

range determined by the court at the time sentence is

im posed and

(c) Ineffective assistance of counsel

The defendant acknowledges that before giving up these rights the

defendant discussed the Federal Sentencing Guidelines and their application

to the defendants case with the defendants attorney who explained them to

the defendants satisfaction The defendant further acknowledges and

understands that the government retains its right to appeal where authorized

by statute

I BRIAN KEITH STEELE hereby place my signature on the line

directly below to signify that I fully understand the foregoing paragraphs and

Page 16 of 23 Defendants Initials ~S

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 16 of 23

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 17: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

that I am knowingly and voluntarily entering into this waiver

-]3+tf- JtAlaquo-amp BRIAN KEITH STEELE -=

V UNITED STATES SENTENCING GUIDELINES

Defendants counsel has explained to the defendant that in light of the

United States Supreme Courts decision in United States v Booker the federal

sentencing guidelines are advisory in nature Sentencing is in the courts

discretion and is no longer required to be within the guideline range The

defendant agrees that pursuant to this agreement the court may use facts it finds

by a preponderance of the evidence to reach an advisory guideline range and

defendant explicitly waives any right to have those facts found by a jury beyond a

reasonable doubt

VI AGREEMENT NOT BINDING ON COURT

The defendant fully and completely understands and agrees that it is the

Courts duty to impose sentence upon the defendant and that any sentence

recommended by the government is NOT BINDING UPON THE COURT and

that the Court is not required to accept the governments recommendation Further

the defendant understands that if the Court does not accept the governments

Page 17 of 23 Defendants Initials 6$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 17 of 23

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 18: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

recommendation the defendant does not have the right to withdraw the guilty plea

VII VOIDING OF AGREEMENT

The defendant understands that should the defendant move the Court to

accept the defendants plea of guilty in accordance with or pursuant to the

provisions ofNorth Carolina v Alford 400 US 25 (1970) or tender a plea of

nolo contendere to the charges this agreement will become NULL and VOID In

that event the Government will not be bound by any of the terms conditions or

recommendations express or implied which are contained herein

VIII SUBSEQUENT CONDUCT

The defendant understands that should the defendant violate any

condition of pretrial release or violate any federal state or local law or

should the defendant say or do something that is inconsistent with acceptance

of responsibility the United States will no longer be bound by its obligation to

make the recommendations set forth in paragraph III of the Agreement but

instead may make any recommendation deemed appropriate by the United

States Attorney in her sole discretion

Page 18 of 23 Defendants Initials 6s

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 18 of 23

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 19: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

IX OTHER DISTRICTS AND JURISDICTIONS

The defendant understands and agrees that this agreement DOES NOT

BIND any other United States Attorney in any other district or any other state or

local authority

X COLLECTION OF FINANCIAL OBLIGATION

In order to facilitate the collection of financial obligations to be imposed in

connection with this prosecution the defendant agrees to fully disclose all assets in

which the defendant has any interest or over which the defendant exercises control

directly or indirectly including those held by a spouse nominee or other third

party The defendant also will promptly submit a completed financial statement to

the United States Attorneys Office in a form that it provides and as it directs The

defendant also agrees that the defendants financial statement and disclosures will

be complete accurate and truthful Finally the defendant expressly authorizes the

United States Attorneys Office to obtain a credit report on the defendant in order

to evaluate the defendants ability to satisfY any financial obligation imposed by

the Court

Page 19 of 23 Defendants Initials 6sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 19 of 23

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 20: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

XI AGREEMENT REGARDING RELEVANT CONDUCT AND RESTITUTION

As part of the defendants plea agreement the defendant admits to the above

facts associated with the charges and relevant conduct for any other acts The

defendant understands and agrees that the relevant conduct contained in the factual

basis will be used by the Court to determine the defendants range ofpunishment

under the advisory sentencing guidelines The defendant admits that all of the

crimes listed in the factual basis are part of the same acts scheme and course of

conduct This agreement is not meant however to prohibit the United States

Probation Office or the Court from considering any other acts and factors which

may constitute or relate to relevant conduct Additionally if this agreement

contains any provisions providing for the dismissal of any counts the defendant

agrees to pay any appropriate restitution to each of the separate and proximate

victims related to those counts should there be any

XII TAX FORFEITURE AND OTHER CIVILADMINISTRATIVE PROCEEDINGS

Unless otherwise specified herein the defendant understands and

acknowledges that this agreement does not apply to or in any way limit any

pending or prospective proceedings related to defendants tax liabilities ifany or

Page 20 of 23 Defendants Initials ~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 20 of 23

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 21: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

to any pending or prospective forfeiture or other civil or administrative

proceedings

Defendant recognizes that pleading guilty may have consequences with

respect to his immigration status ifhe 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 defendant is pleading guilty Removal and other immigration

consequences are the subject of a separate proceeding however and defendant

understands that no one including his attorney or the district court can predict to a

certainty the effect of his conviction on his immigration status Defendant

nevertheless affirms that he wants to plead guilty regardless of any immigration

consequences that his plea may entail even if the consequence is his automatic

removal from the United States

XIII DEFENDANTS UNDERSTANDING

I have read and understand the provisions of this agreement consisting of

Twenty-Three (23) pages I have discussed the case and my constitutional and

other rights with my lawyer I am satisfied with my lawyers representation in this

case I understand that by pleading guilty I will be waiving and giving up my

right to continue to plead not guilty to a trial by jury to the assistance of counsel

at that trial to confront cross-examine or compel the attendance of witnesses to

Page 21 of 23 Defendants Initials 6Sshy

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 21 of 23

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 22: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

present evidence in my behalf to maintain my privilege against self-incrimination

and to the presumption of innocence I agree to enter my plea as indicated above

on the terms and conditions set forth herein

NO OTHER PROMISES OR REPRESENTATIONS HAVE BEEN

MADE TO ME BY THE PROSECUTOR OR BY ANYONE ELSE

NOR HAVE ANY THREATS BEEN MADE OR FORCE USED TO

INDUCE ME TO PLEAD GUILTY

I further state that I have not had any drugs medication or alcohol within

the past 48 hours except as stated here N~

[Def Drug Status last 24hrs]

I understand that this Plea Agreement will take effect and will be binding as

to the Parties only after all necessary signatures have been affixed hereto

I have personally and voluntarily placed my initials on every page ofthis

Agreement and have signed the signature line below to indicate that I have read

understand and approve all of the provisions of this Agreement both individually

and as a total binding agreement

~-j~~7

BRIAN KEITH STEELE Defendant

Page 22 of 23 Defendants Initials f~

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 22 of 23

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23

Page 23: ttl''! IN THE UNITED STATES DISTRICT COURTmedia.al.com/spotnews/other/Steele plea agreement.pdf · 'ttl''! IN THE UNITED STATES DISTRICT COURT ~ FOR THE NORTHERN DISTRICT OF ALABAMA

a

XIV COUNSELS ACKNOWLEDGMENT

I have discussed this case with my client in detail and have advised my client

of all of my clients rights and all possible defenses My client has conveyed to me

that my client understands this Agreement and consents to all its terms I believe

the plea and disposition set forth herein are appropriate under the

facts of this case and are in accord with my best judgment I concur in the entry of

the plea on the terms and conditions set forth herein

L-an S Cross ESQ

fendants Counsel

XV GOVERNMENTS ACKNOWLEDGMENT

I have reviewed this matter and this Agreement and concur that the plea and

disposition set forth herein are appropriate and are in the interests ofjustice

JOYCE WHITE VANCE United States Attorney

61( It - ~

Revised November 2009

Page 23 of 23 Defendants Initials b$

Case 212-cr-00068-RDP-MHH Document 50 Filed 081412 Page 23 of 23