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IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

SOUTHWESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

JOHN PAUL GAMMAGE

Defendant.

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No. 10-05055-01-CR-SW-BCW

PLEA AGREEMENT

Pursuant to Rule 11(c)(1)(B) of the Federal Rules of Criminal Procedure, the

parties described below have entered into the following plea agreement:

1. The Parties. The parties to this agreement are the United States Attorney’s Office

for the Western District of Missouri (otherwise referred to as “the Government” or “the

United States”), represented by David Ketchmark, Acting United States Attorney, and

James J. Kelleher, Assistant United States Attorney, and the defendant, John Paul

Gammage (“the defendant”), represented by Steve Meier.

The defendant understands and agrees that this plea agreement is only between him

and the United States Attorney for the Western District of Missouri, and that it does not

bind any other federal, state, or local prosecution authority or any other government

agency, unless otherwise specified in this agreement.

2. Defendant’s Guilty Plea. The defendant agrees to and hereby does plead guilty

to the sole count of the original indictment charging him with a violation of 18 U.S.C.

§ 2423(b), that is, travel with intent to engage in illicit sexual contact. By entering into

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this plea agreement, the defendant admits that he knowingly committed this offense, and

is in fact guilty of this offense.

3. Factual Basis for Guilty Plea. The parties agree that the facts constituting the

offense to which he is pleading guilty are as follows:

In May or June 2008, the defendant, John Paul Gammage, traveled from Houston,

Texas to Stone County, Missouri, in order to facilitate unlawful sexual contact with Jane

Doe #1, having a date of birth of September 12, 1997, and Jane Doe #2, having a date of

birth of November 7, 1998. Specifically, during the defendant’s stay in Missouri, the

defendant penetrated the anus of Jane Doe # 2 with his penis and placed his hand and

fingers on the anus and vagina of Jane Doe #1.

4. Use of Factual Admissions and Relevant Conduct. The defendant

acknowledges, understands and agrees that the admissions contained in Paragraph 3 and

other portions of this plea agreement will be used for the purpose of determining his guilt

and advisory sentencing range under the United States Sentencing Guidelines

(“U.S.S.G.”), including the calculation of the defendant’s offense level in accordance

with U.S.S.G. § 1B1.3(a)(2). The defendant acknowledges, understands and agrees that

the conduct charged in any dismissed counts of the indictment as well as all other

uncharged related criminal activity may be considered as “relevant conduct” pursuant to

U.S.S.G. § 1B1.3(a)(2) in calculating the offense level for the charge[s] to which he is

pleading guilty.

5. Statutory Penalties. The defendant understands that upon his plea of guilty to the

sole count of the original indictment charging him with travel with intent to engage in

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illicit sexual contact, the maximum penalty the Court may impose is not more than thirty

(30) years of imprisonment, a $250,000.00 fine, up to a lifetime of supervised release, an

order of restitution and a $100 mandatory special assessment per felony count of

conviction which must be paid in full at the time of sentencing. The defendant further

understands that this offense is a Class A felony.

6. Sentencing Procedures. The defendant acknowledges, understands and agrees to

the following:

in determining the appropriate sentence, the Court will consult and

a.
consider the United States Sentencing Guidelines promulgated by the
United States Sentencing Commission; these Guidelines, however, are
advisory in nature, and the Court may impose a sentence either less than or
greater than the defendant’s applicable Guidelines range, unless the
sentence imposed is “unreasonable”;

the Court will determine the defendant’s applicable Sentencing

b.
Guidelines range at the time of sentencing;

in addition to a sentence of imprisonment, the Court may impose a

c.
term of supervised release of up to life; that the Court must impose a period
of supervised release if a sentence of imprisonment of more than one year is
imposed;

if the defendant violates a condition of his supervised release, the

d.
Court may revoke his supervised release and impose an additional period of
imprisonment of up to five years without credit for time previously spent on
supervised release. If the defendant commits any criminal offense under
chapter 109(A), 110, or 117, or section 1201 or 1591, for which
imprisonment for a term longer than 1year can be imposed, the Court shall
revoke the term of supervised release and require the defendant to serve a
term of imprisonment of not less than five years without credit for time
previously spent on supervised release. In addition to a new term of
imprisonment, the Court also may impose a new period of supervised
release, the length of which cannot exceed life, less the term of
imprisonment imposed upon revocation of the defendant’s first supervised
release;

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the Court may impose any sentence authorized by law, including a

e.
sentence that is outside of, or departs from, the applicable Sentencing
Guidelines range;

any sentence of imprisonment imposed by the Court will not allow

f.
for parole;

the Court is not bound by any recommendation regarding the

g.
sentence to be imposed or by any calculation or estimation of the
Sentencing Guidelines range offered by the parties or the United States
Probation Office; and

the defendant may not withdraw his guilty plea solely because of the

h.
nature or length of the sentence imposed by the Court.

7. Government’s Agreements. Based upon evidence in its possession at this time,

the United States Attorney’s Office for the Western District of Missouri, as part of this

plea agreement, agrees not to bring any additional charges against defendant for any

federal criminal offenses related to traveling with intent to engage in illicit sexual contact

for which it has venue and which arose out of the defendant’s conduct described above.

Additionally, the United States Attorney for the Western District of Missouri agrees to

dismiss the superseding indictment at sentencing.

The defendant understands that this plea agreement does not foreclose any

prosecution for an act of murder or attempted murder, an act or attempted act of physical

or sexual violence against the person of another, or a conspiracy to commit any such acts

of violence or any criminal activity of which the United States Attorney for the Western

District of Missouri has no knowledge.

The defendant recognizes that the United States’ agreement to forego prosecution

of all of the criminal offenses with which the defendant might be charged is based solely

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on the promises made by the defendant in this agreement. If the defendant breaches this

plea agreement, the United States retains the right to proceed with the original charges

and any other criminal violations established by the evidence. The defendant expressly

waives his right to challenge the initiation of the dismissed or additional charges against

him if he breaches this agreement. The defendant expressly waives his right to assert a

statute of limitations defense if the dismissed or additional charges are initiated against

him following a breach of this agreement. The defendant further understands and agrees

that if the Government elects to file additional charges against him following his breach

of this plea agreement, he will not be allowed to withdraw his guilty plea.

8. Preparation of Presentence Report. The defendant understands the United

States will provide to the Court and the United States Probation Office a government

version of the offense conduct. This may include information concerning the

background, character, and conduct of the defendant, including the entirety of his

criminal activities. The defendant understands these disclosures are not limited to the

count to which he has pleaded guilty. The United States may respond to comments made

or positions taken by the defendant or the defendant’s counsel and to correct any

misstatements or inaccuracies. The United States further reserves its right to make any

recommendations it deems appropriate regarding the disposition of this case, subject only

to any limitations set forth in this plea agreement. The United States and the defendant

expressly reserve the right to speak to the Court at the time of sentencing pursuant to

Rule 32(i)(4) of the Federal Rules of Criminal Procedure.

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9. Withdrawal of Plea. Either party reserves the right to withdraw from this plea

agreement for any or no reason at any time prior to the entry of the defendant’s plea of

guilty and its formal acceptance by the Court. In the event of such withdrawal, the

parties will be restored to their pre-plea agreement positions to the fullest extent possible.

However, after the plea has been formally accepted by the Court, the defendant may

withdraw his plea of guilty only if the Court rejects the plea agreement or if the defendant

can show a fair and just reason for requesting the withdrawal. The defendant understands

that if the Court accepts his plea of guilty and this plea agreement but subsequently

imposes a sentence that is outside the defendant’s applicable Sentencing Guidelines

range, or imposes a sentence that the defendant does not expect, like or agree with, he

will not be permitted to withdraw his plea of guilty.

10. Agreed Guidelines Applications. With respect to the application of the

Sentencing Guidelines to this case, the parties stipulate and agree as follows:

a.
The Sentencing Guidelines do not bind the Court and are advisory in
nature. The Court may impose a sentence that is either above or below the
defendant’s applicable Guidelines range, provided the sentence imposed is
not “unreasonable”;

b.
The applicable Guidelines section for the offense of conviction is
U.S.S.G. § 2G1.3(a)(3), which provides for an unadjusted base offense
level of 28;

c.
The defendant has admitted his guilt and clearly accepted
responsibility for his actions, and has assisted authorities in the
investigation or prosecution of his own misconduct by timely notifying
authorities of his intention to enter a plea of guilty, thereby permitting the
Government to avoid preparing for trial and permitting the Government and
the Court to allocate their resources efficiently. Therefore, he is entitled to
a three-level reduction pursuant to § 3E1.1(b) of the Sentencing Guidelines.
The Government, at the time of sentencing, will file a written motion with

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the Court to that effect, unless the defendant (1) fails to abide by all of the
terms and conditions of this plea agreement and his pretrial release; or
(2) attempts to withdraw his guilty plea, violates the law, or otherwise
engages in conduct inconsistent with his acceptance of responsibility;

The parties agree that the Court will determine his applicable

d.
criminal history category after receipt of the presentence investigation
report prepared by the United States Probation Office;

The defendant understands that the estimate of the parties with

e.
respect to the Guidelines computation set forth in the subsections of this
paragraph does not bind the Court or the United States Probation Office
with respect to the appropriate Guidelines levels. Additionally, the failure
of the Court to accept these stipulations will not, as outlined in Paragraph 9
of this plea agreement, provide the defendant with a basis to withdraw his
plea of guilty;

The Court may impose any sentence authorized by law, including

f.
any sentence outside the applicable Guidelines range that is not
“unreasonable”;

The defendant consents to judicial fact-finding by a preponderance

g.
of the evidence for all issues pertaining to the determination of the
defendant’s sentence, including the determination of any mandatory
minimum sentence (including the facts that support any specific offense
characteristic or other enhancement or adjustment), and any legally
authorized increase above the normal statutory maximum. The defendant
waives any right to a jury determination beyond a reasonable doubt of all
facts used to determine and enhance the sentence imposed, and waives any
right to have those facts alleged in the indictment. The defendant also
agrees that the Court, in finding the facts relevant to the imposition of
sentence, may consider any reliable information, including hearsay; and,

The defendant understands and agrees that the factual admissions

h.
contained in Paragraph 3 of this plea agreement, and any admissions that he
will make during his plea colloquy, support the imposition of the agreed-
upon Guidelines calculations contained in this agreement.

11. Effect of Non-Agreement on Guidelines Applications. The parties understand,

acknowledge and agree that there are no agreements between the parties with respect to

any Sentencing Guidelines issues other than those specifically listed in Paragraph 10, and

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its subsections. As to any other Guidelines issues, the parties are free to advocate their

respective positions at the sentencing hearing.

12. Change in Guidelines Prior to Sentencing. The defendant agrees that if any

applicable provision of the Guidelines changes after the execution of this plea agreement,

then any request by defendant to be sentenced pursuant to the new Guidelines will make

this plea agreement voidable by the United States at its option. If the Government

exercises its option to void the plea agreement, the United States may charge, reinstate, or

otherwise pursue any and all criminal charges that could have been brought but for this

plea agreement.

13. Government’s Reservation of Rights. The defendant understands that the

United States expressly reserves the right in this case to:

a.
oppose or take issue with any position advanced by defendant at the
sentencing hearing which might be inconsistent with the provisions of this
plea agreement;

b.

comment on the evidence supporting the charge in the indictment;

oppose any arguments and requests for relief the defendant might

c.
advance on an appeal from the sentences imposed and that the United
States remains free on appeal or collateral proceedings to defend the
legality and propriety of the sentence actually imposed, even if the Court
chooses not to follow any recommendation made by the United States; and,

d.

oppose any post-conviction motions for reduction of sentence, or

other relief.

14. Waiver of Constitutional Rights. The defendant, by pleading guilty,

acknowledges that he has been advised of, understands, and knowingly and

voluntarily waives the following rights:

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a.

the right to plead not guilty and to persist in a plea of not guilty;

the right to be presumed innocent until his guilt has been established

b.
beyond a reasonable doubt at trial;

the right to a jury trial, and at that trial, the right to the effective

c.
assistance of counsel;

the right to confront and cross-examine the witnesses who testify

d.
against him;

the right to compel or subpoena witnesses to appear on his behalf;

e.
and,

the right to remain silent at trial, in which case his silence may not

f.
be used against him.

The defendant understands that by pleading guilty, he waives or gives up those

rights and that there will be no trial. The defendant further understands that if he pleads

guilty, the Court may ask him questions about the offense or offenses to which he

pleaded guilty, and if the defendant answers those questions under oath and in the

presence of counsel, his answers may later be used against him in a prosecution for

perjury or making a false statement. The defendant also understands he has pleaded

guilty to a felony offense and, as a result, will lose his right to possess a firearm or

ammunition and might be deprived of other rights, such as the right to vote or register to

vote, hold public office, or serve on a jury.

15. Waiver of Appellate and Post-Conviction Rights.

The defendant acknowledges, understands and agrees that by

a.
pleading guilty pursuant to this plea agreement he waives his right to appeal
or collaterally attack a finding of guilt following the acceptance of this plea
agreement, except on grounds of (1) ineffective assistance of counsel; or (2)
prosecutorial misconduct.

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b.
The defendant expressly waives his right to appeal his sentence,
directly or collaterally, on any ground except claims of (1) ineffective
assistance of counsel; (2) prosecutorial misconduct; or (3) an illegal
sentence. An “illegal sentence” includes a sentence imposed in excess of
the statutory maximum, but does not include less serious sentencing errors,
such as a misapplication of the Sentencing Guidelines, an abuse of
discretion, or the imposition of an unreasonable sentence. However, if the
United States exercises its right to appeal the sentence imposed as
authorized by 18 U.S.C. § 3742(b), the defendant is released from this
waiver and may, as part of the Government’s appeal, cross-appeal his
sentence as authorized by 18 U.S.C. § 3742(a) with respect to any issues
that have not been stipulated to or agreed upon in this agreement.

16. Financial Obligations. By entering into this plea agreement, the defendant

represents that he understands and agrees to the following financial obligations:

The Court must order restitution to the victims of the offense to

a.
which the defendant is pleading guilty. The defendant agrees that the Court
may order restitution in connection with the conduct charged in any counts
of the indictment which are to be dismissed and all other uncharged related
criminal activity.

The United States may use the Federal Debt Collection Procedures

b.
Act and any other remedies provided by law to enforce any restitution order
that may be entered as part of the sentence in this case and to collect any
fine.

The defendant will fully and truthfully disclose all assets and

c.
property in which he has any interest, or over which the defendant exercises
control directly or indirectly, including assets and property held by a
spouse, nominee or other third party. The defendant's disclosure
obligations are ongoing, and are in force from the execution of this
agreement until the defendant has satisfied the restitution order in full.

Within 10 days of the execution of this plea agreement, at the

d.
request of the USAO, the defendant agrees to execute and submit (1) a Tax
Information Authorization form; (2) an Authorization to Release
Information; (3) a completed financial disclosure statement; and (4) copies
of financial information that the defendant submits to the U.S. Probation
Office. The defendant understands that compliance with these requests will

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be taken into account when the United States makes a recommendation to
the Court regarding the defendant's acceptance of responsibility.

At the request of the USAO, the defendant agrees to undergo any

e.
polygraph examination the United States might choose to administer
concerning the identification and recovery of substitute assets and
restitution.

f.
The defendant hereby authorizes the USAO to obtain a credit report
pertaining to him to assist the USAO in evaluating the defendant’s ability to
satisfy any financial obligations imposed as part of the sentence.

The defendant understands that a Special Assessment will be

g.
imposed as part of the sentence in this case. The defendant promises to pay
the Special Assessment of $100.00 by submitting a satisfactory form of
payment to the Clerk of the Court prior to appearing for the sentencing
proceeding in this case. The defendant agrees to provide the Clerk’s receipt
as evidence of his fulfillment of this obligation at the time of sentencing.

The defendant certifies that he has made no transfer of assets or

h.
property for the purpose of (1) evading financial obligations created by this
Agreement; (2) evading obligations that may be imposed by the Court; nor
(3) hindering efforts of the USAO to enforce such financial obligations.
Moreover, the defendant promises that he will make no such transfers in the
future.

i.
In the event the United States learns of any misrepresentation in the
financial disclosure statement, or of any asset in which the defendant had
an interest at the time of this plea agreement that is not disclosed in the
financial disclosure statement, and in the event such misrepresentation or
nondisclosure changes the estimated net worth of the defendant by ten
thousand dollars ($10,000.00) or more, the United States may at its option:
(1) choose to be relieved of its obligations under this plea agreement; or (2)
let the plea agreement stand, collect the full forfeiture, restitution, and fines
imposed by any criminal or civil judgment, and also collect 100% (one
hundred percent) of the value of any previously undisclosed assets. The
defendant agrees not to contest any collection of such assets. In the event
the United States opts to be relieved of its obligations under this plea
agreement, the defendant's previously entered pleas of guilty shall remain
in effect and cannot be withdrawn.

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17. Waiver of FOIA Request. The defendant waives all of his rights, whether

asserted directly or by a representative, to request or receive from any department or

agency of the United States any records pertaining to the investigation or prosecution of

this case including, without limitation, any records that may be sought under the Freedom

of Information Act, 5 U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.

18. Waiver of Claim for Attorney’s Fees. The defendant waives all of his claims

under the Hyde Amendment, 18 U.S.C. § 3006A, for attorney’s fees and other litigation

expenses arising out of the investigation or prosecution of this matter.

19. Defendant’s Breach of Plea Agreement. If the defendant commits any crimes,

violates any conditions of release, or violates any term of this plea agreement between the

signing of this plea agreement and the date of sentencing, or fails to appear for

sentencing, or if the defendant provides information to the Probation Office or the Court

that is intentionally misleading, incomplete, or untruthful, or otherwise breaches this plea

agreement, the United States will be released from its obligations under this agreement.

The defendant, however, will remain bound by the terms of the agreement, and will not

be allowed to withdraw his plea of guilty.

The defendant also understands and agrees that in the event he violates this plea

agreement, all statements made by him to law enforcement agents subsequent to the

execution of this plea agreement, any testimony given by him before a grand jury or any

tribunal or any leads from such statements or testimony shall be admissible against him in

any and all criminal proceedings. The defendant waives any rights that he might assert

under the United States Constitution, any statute, Rule 11(f) of the Federal Rules of

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Criminal Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal rule

that pertains to the admissibility of any statements made by him subsequent to this plea

agreement.

20. Defendant’s Representations. The defendant acknowledges that he has entered

into this plea agreement freely and voluntarily after receiving the effective assistance,

advice and approval of counsel. The defendant acknowledges that he is satisfied with the

assistance of counsel, and that counsel has fully advised him of his rights and obligations

in connection with this plea agreement. The defendant further acknowledges that no

threats or promises, other than the promises contained in this plea agreement, have been

made by the United States, the Court, his attorneys or any other party to induce him to

enter his plea of guilty.

21. Immigration Consequences. The defendant understands that pleading guilty may

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

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

including the offense to which defendant is pleading guilty. Indeed, because defendant is

pleading guilty to travel with intent to engage in illicit sexual contact, removal is

presumptively mandatory. 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 guilty plea may entail, even if the

consequence is his automatic removal from the United States. Further, the defendant

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understands that he is bound by his guilty plea regardless of any immigration

consequences of the plea and regardless of any advice the defendant has received from

his counsel or others regarding those consequences. Accordingly, the defendant waives

any and all challenges to his guilty plea and to his sentence based on those consequences,

and agrees not to seek to withdraw his guilty plea, or to file a direct appeal or collateral

attack of any kind challenging his guilty plea, conviction or sentence, based on the

immigration consequences of his guilty plea, conviction and sentence.

22. Sex Offender Registration. The defendant acknowledges that he has been

advised, and understands, that by pleading guilty to the instant offense, he will be

required under the Sex Offender Registration and Notification Act (SORNA), a federal

law, to register as a sex offender and keep the registration current in each of the following

jurisdictions: where he resides; where he is employed; and where he is a student. The

defendant also acknowledges that he understands that the requirements for registration

include providing his name, his residential address, the names and addresses of any

places where he is, or will be, an employee or student, or any other relevant information.

The defendant further acknowledges that he understands that the requirement to keep the

registration current, includes registering in the jurisdiction in which he resides, is an

employee, or is a student and must be done within 72 hours of any such change in status.

The defendant also agrees that he will provide his Probation Officer proof of registration

within 72 hours of release from imprisonment and abide by all state and federal sex

offender registration laws, as well as abiding by all of his Probation Officer's directives.

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The defendant acknowledges that he has been advised, and understands, that

failure to comply with these obligations could subject him to either state prosecution, or

federal prosecution for failure to register, pursuant to Title 18 U.S.C. §2250, which is

punishable by a fine or imprisonment, or both.

23. No Undisclosed Terms. The United States and defendant acknowledge and agree

that the above-stated terms and conditions, together with any written supplemental

agreement that might be presented to the Court in camera, constitute the entire

plea agreement between the parties, and that any other terms and conditions not expressly

set forth in this agreement or any written supplemental agreement do not constitute any

part of the parties’ agreement and will not be enforceable against either party.

24. Standard of Interpretation. The parties agree that, unless the constitutional

implications inherent in plea agreements require otherwise, this plea agreement should be

interpreted according to general contract principles and the words employed are to be

given their normal and ordinary meanings. The parties further agree that, in interpreting

this agreement, any drafting errors or ambiguities are not to be automatically construed

against either party, whether or not that party was involved in drafting or modifying this

agreement.

David Ketchmark
Acting United States Attorney

Dated: 6/21/12

/s/ James J. Kelleher
James J. Kelleher
Assistant United States Attorney

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I have consulted with my attorney and fully understand all of my rights with
respect to the offense charged in the indictment. Further, I have consulted with my
attorney and fully understand my rights with respect to the provisions of the Sentencing
Guidelines. I have read this plea agreement and carefully reviewed every part of it with
my attorney. I understand this plea agreement and I voluntarily agree to it.

Dated: 6/21/12

/s/ John Paul Gammage
John Paul Gammage
Defendant



I am defendant John Paul Gammage’s attorney. I have fully explained to him his

rights with respect to the offense charged in the indictment. Further, I have reviewed
with him the provisions of the Sentencing Guidelines which might apply in this case. I
have carefully reviewed every part of this plea agreement with him. To my knowledge,
John Paul Gammage’s decision to enter into this plea agreement is an informed and
voluntary one.

Dated: 6/21/12

/s/ Steve Meier
Steve Meier
Attorney for Defendant

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