IN THE UNITED DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABALIA SOUTHERN DIVISION UNITED STATES OF AMERICA v. CRIMINAL NO. 15-00983 . BENJAMIN MEEK MILLER CHILDERS II) PLEA AGREEMENT The defendant, BENJAMIN NIEEK MILLER CHILDERS, II, represented by his counsel, and the United States of America have reached a plea. agreement in this case, pursuant to Rule 1] of the Federal Rules of Ceimszal Procedure, the texms and conditions of which afe as follows: RIGHTS OF THE DEFENDANT 1. The defendant Imderstands his rights as follows: 21. Te be represented by an attorney; b. To plead not guilty; 0. To have a trial by an impartial jury; d. To con?ent and crossnexamizle witnesses and te call mmesses and produce other evidence in his defense; and e. To not be compelled to incriminate himself. WAIVER OF RIGHTS AND PLEA OF GUILTY 2. The defendant waives rights 13 through e, listed above, and pleads guilty to Count One of the indicmlent, charging a violation of Title 18, United States Code, Section 545, Smuggling Goods into the United States. RWJIB Rev. an; The defendant understands?ythat the statements he makes under oath in the plea of guilty must be completely truthful and that he can be prosecuted for melting false statements or perjury, or receive a perjmy enhancement at sentencing, for any false statements he makes intentionally in this plea of guilty. The defendant expects the Court to rely upon his statements here and his response to any questions that he may be asked during the guilty plea hearing. The defendant is not under the in?uence of alcohol, drags, or narcotics. He is certain that he is in full possession of his senses and is mentally competent to understand this Plea Agreement and the guilty plea hearing which will follow. The defendant has had the bene?t of legal counsel in negotiating this Plea Agreement. He has discussed the facts of the case with his attorney, and his attomey has explained to the defendant the essential legal elements of the criminal charge which has been brought against him. The defendant?s attorney has also explained to the defendant his understanding of the United States? evidence and the law as it relates to the facts of his offense. The defendant understands that the United States has the burden of proving each of the legal elements of the criminal charge beyond a reasonable doubt. The defendant and his counsel have discussed possible defenses to the charge. The defendant believes that his attomey has represented him faithfully, and diligently, and he is completely satis?ed with the legal advice of his attorney. Rev. 8313 10. 11. A separate document, entitled Factual Resume, will be submitted to the Court as evidence at the guilty plea hearing. The actual Resume is incorporated by reference into this Plea Agreement. The defendant and the United States agree that the Factual Resume is true and correct. Alterations to the Plea Agreement or Factual Resume initialed only by the defendant and his counsel are not pait of this agreement and are not agreed to by the United States. This plea of guilty is freely and voluntarily made and is not the result of force, ?ueats, promises, or representations, apart from those representations set forth in this Plea Agreement. There have been no promises anyone as to the particular sentence that the Court will impose. The defendant is pleading guilty because he is; guilty. The defeedant also knowneg and voluntarily waives all rights, whether asserted directly or through a repzesentative, to receive from the United States after sentencing any further records, reports, or documents pertaining to the investigation or presecution of this matter. This waiver includes, but is 110%: limited to, rights under the Freedom of Information Act and the Privacy Act of .974. PENALTY The maximum penalty the Court could impose as to Count One efthc Indictment is: 20 years impzisomnent A ?ne not to exceed $250,000; Rev. #13 12. 13. A term of supervised release of three years, which would follow any term of imprisonment. If the defendant violates the conditions of supewised release, he could be imprisoned for the cadre term of supervised release; A mandatory special assessment of $100.00; and Such restitution as may be ordered by the Court. SENTENCING The Court will impose the sentence in this case. The United States Sentencing Guidelines are advisory and do not bind the Court. The defendant has reviewed the application of the Guidelines with his attomey and understands that no one can predict with certainty what the sentencing range will be in this case until after a presentenee investigation has been completed and the Couit has ruled on the results of that investigation. The defendant understands that at sentencing, the Court may not necessarily seateoce the defendant in accordance with the Guidelines. The defendantundet?stands that he will not be allowed to withdraw his guilty plea if the advisory guideline range is higher than expected, or if the Court departs or varies from the advisory guideline range. The defendant understands that this Plea Agreement does not create any right to be sentenced in accordance with the Sentencing Guidelines, or below or within ahy particular guideline range, and ?illy understands that dcteonination of the sentencing range or guideline level, or the actual sentence imposed, is solely the discretion o-fthe Court. Rev. 8113 14. 15. 16. 17. .13. The United States will provide all relevant sentencing information to the Probation Of?ce for purposes of the premsentence investigation. Relevant sentencing information includes, but is not limited to, all facts and circumstances of this case and information concerning the defendant?s conduct and background. Both the defendant and the United States are free to allocate fully at the time of sentencing. The defendant agrees to tender $100.00 to the U.S. District Court Clerk in satisfaction of the mandatory special assessment in this case. he United States reserves the right to withdraw any favorable recommendations it may agree to Within this document if the defendant fails to pay the special assessment prior to or at the time of his sentencing. Pursuant to 18 U.S.C. 3556 and restitution is mandatory. The defendant agrees to make full restitution in an amount to be determined by the Court at sentencing. FORFEITUBE As part of the Plea Agreement, the defendant has executed a Conseht to Forfeiture which is incorporated herein by reference. The defendant agrees to confess the forfeiture to the United States of his interest in all properties which represent proceeds of his criminal activities or which facilitated any aspect of these illegal activities, including but not limited to thirty (30) ?rearms described sis-follows: a) a Sporter 7.62 caliber ri?e, serial somber 039825; b) a Smith Wessen .357 Magnum, Serial number c) a. Gleck model 24, serial number 5 Rem 883 19. a Glock .40 caliber, serial number a .40 caliber, serial number a Eli-Point model 995 MM, serial number a Stevens model 550, 12 gauge, serial 1012031; a GP-WSR ri?e, serial number 1963A81632 a Smith Wesson .22LR, serial number 61961; a Ruger Carbine .40 calbier, serial number 48008058; a P30 pistol, serial number 16073; an SKS ri?e, serial number 12212981; a Ruger model 1022, serial number 23775725; a Winchester model 74, .22 short, serial number 69522; a semi-automatic ri?e, serial number 501537; a Ruger MK II .22 LR, se?al number 219-48274; a Rough Rider .22, serial number B21 138', a PAP M92, serial eumber a Ruger .22 Carbine, serial number 250-00434; an Escort shotgun, serial number 024846; a Great American Game Series, serial number a Savage model 93, serial number 0228497; a Winchester ri?e, serial number 675743; a Glenfield model 60, serial number 20481967; a (31001: 22, serial number a CZ model 712, serial number 03A3 883; a Reger MK II, serial dumber 21 147002 an SKS Lower Receiver, serial number an SKS Lower Receiver, serial number DV 8225;. and, an SKS Lower Receiver, serial number EM4926. FINANCIAL OBLIGATIONS The Defendant expressly audiorizes the US. Attorney?s Of?ce to obtain a credit report in order to evaluate the Defendant?s ability to satisfy any ?nancial obligation imposed by the Court. In order to facilitate the collection of financial obligations to be imposed in connection with this prosecution, the Defendant agrees to disclose ?illy 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. Rem, 8113 20. 21. UNITED OBLIGATIONS The United States will not bring any additional charges against the defendant related to the facts underlying the Indictment and will move to dismiss any remaining charges against the defendant once sentence is imposed in this case. This agreement is limited to the United States Attorney?s Of?ce for the Southern District of Alabama and does not bind any other federal, state, or local prosecuting authorities. The United States will recommend to the Court that the defendant be sentenced at the low end 01'" the advisory sentencing guideline range as determined by the Court. I LIMITED WAWER 0F RIGHT TO APPEAL AND WAIVER OF COLLATERAL ATTACK 22. As part of the exchange represented in this plea agreement, and subject to the limited exceptions below, the defendant knowingly and voluntarily waives the right to file any direct appeal or any collateral attack, including a motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255. Accordingly, the defendant will not challenge his guilty plea, conviction, or sentence in any district court or appellate court proceedings. a. EXCEPTIONS. The defendant reserves the tight to tirhely ?le a direct appeal challenging: (1) any sentence imposed in excess of the maximum statutory penalty provided by 18 U.S.C. 922(g) {10 years) or 18 U.S.C. ?924(e) (life), whichever is deemed to apply by the court in its sole discretion at sentencing; (2) any sentence which constitutes; an upward departure or. variance from the advisory guideline range. The defendant also reserves the right to claim ineffective assistance of counsel in a direct appeal or 2255 motion. 23. If the United States files a notice of appeal and such appeal is authorized by the Solicitor Rev. 8113 General, the defendant is released from the appellate waiver. 24. 25. 26. The defendant further reserves the right to timely move the district court for an amended sentence under 18 U.S.C. 3582 in the event of a future retroactive amendment to the Sentencing Guidelines which would affect the sentence. If the defendant receives a sentence within 01' below the advisory guideline range, this plea agreement shall serve as the defendant?s express direetive to defense eeunsel to timely ?le a ?Notice of Non-Appeal? following sentencing, signed by the defendant. VIOLATION OF AGREEMENT The defendant understands that if he breaches any provision of this Plea Agreement, the United States will be free from any obligations imposed by this agreement, but all provisions of the agreement remain enforceable against the defendant. In the exercise cf its discretien, the United States will be free t0 prosecute the defendant on any charges of which it has knowledge. In such event, the defendant agrees not te assert any objections to prosecution that he might have under the Sixth Amendment andfor Speedy Trial Act. and accurate in every respect, and that had the matter proceeded to trial, the United States could have proved the same beyond a reasonable doubt. Date: MEEK MILLER CHILDERS ll Defeudant I am the attorney for the defendant. I have fully explained his rights to him with respect to the offense(s) charged in the Indictment in this matter, I have carefully reviewed every part of this Plea Agreement with him. To my lmowledge, his decision to enter late this agreement is an infmmed and voluntary one. l?have carefully reviewed the Factual Resume, incorporated herein, with the defendant and to my knowledge, his decision to stipulate to the facts is an informed, intelligent and voluntary one. Date: 5? 10 Rev. an 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF SOUTHERN DIVISION UNITED STATES OF AMERICA v. CRIMINAL N0. 15-00083 BENJAMIN MEEK MILLER CHILDERS FACTUAL RESUME The defendant, BENJAMIN MEEK MILLER CHILDERS II, admits the allegations of Count Que of the Indictment. ELEMENTS OF THE OFFENSE BENJAMIN MEEK MILLER CHILDERS II understands that in order to prove a violation of Title 18, United States Code, Section 545, as charged in Count One of the Indictment, the United States must prove: First: That the Defendant brought Lysergie Acid Diemylamide (LSD) into the United States; Secend: That the Defendant knew that the LSD should have been declared or reported to customs authorities as required by law; Third: That the Defendant acted knowingly and will??ly with intent tQ defraud the United States. OFFENSE CONDUCT Defendant, BENJAMIN MEEK MILLER CHILDERS II, admits in open court and under oath that the following statement is true and correct and constitutes evidence in this case. This Statement of facts is provided solely to assist the (301111 in determining Whether a factual Retain basis exists for BENJAMIN MEEK MILLER CHILDERS 11?s plea of guilty. The statement of facts does not contain each and every fact known to BENJAMIN MEEK MILLER CHILDERS II and to the United States concerning the defendant?s involvement in the charges set forth in the plea agreement. 011 March 3, 2015, Homeland Security Investigations (H81) SA Matt Chalcwin was noti?ed by United States Customs and Border Protection (CBP) about a parcel that was intercepted and the contents ?eld tested positive for Lysergic Acid Diethylamide (LSD). The package was destined for a speci?c post office box in Summerdale, Alabama 36580. The ultimate consignee of this parcel was VH. Research into the holder of the PO Box revealed that the PO Box; has not been held by V.H. since 2004. Since June 2004, the PO Box has been held by Benjamin CHILDERS. CHILDERS provided the following information in securing his use of the PO Box: Cascade Disability Management, with an address on Hwy 48, eirhope, Alabama. 011 March 11, 2015, SA Chakwin, as well as United States Postal Inspector Robert Gechijian contacted V.H. via a telephone number recovered from a commercial database. During the phone call with V.H., he stated that he held a PO Box in the South Alabama area about a decade ago or longer. VH. stated that he has not failed to receive any packages since he left the area, that he had le? a forwarding address, and that he had not ordered anydhing from overseas. VH. gave both SA Chakmdn and United States Postal Inspection Service (USPIS) Gcchijian consent to open any mail in his name at the PO Box. On March 12, 2015, Inspector Gechijian and SA Chakwin opened the packages, and narcotics were recovered. from some packages to include what appeared to be LSD, at White powder substance that ?eld tested positive Rev. W13 for cocaine, and ?Cheeba Chews? described on the label to be Sativa and extremely potent. In total there were 10 packages opened, all containing suspected narcotics and what is described as an LSD Test Kit. 011 March 31, 2015, while examining mail from the Netherlands, United States Customs and Bender Protection (CBP) CEO ablonsld (Chicago, Illinois) opened a package containing 100 tiny squares of paper. These paper strips ?eld tested positive for Lysergic Acid Diethylamide (LSD), a schedule] controlled substance. This parcel is described as a White padded envelope bearing a sticltex.~ in the center of the front side reading Childress with an address on County Road 48, Fairhope, Mabama 36532, In the top right corner of the . ?oat of the envelope are two stamps that state they are ?Internationaal? and ?Nederland?. On March 31, 2015, the seized narcotics and parcel were sent from Chicago, IL to Mobile, AL via edEx. On April 1, 2015, the parcel arrived in Mobile, Alabama. Oh April 2, 2015 a controlled delivery was executed in conjunction with a Federal Search Warrant. Additional narcotics believed to he hash, MDMA, and LSD were discovered along with suspected poppy seeds, marijuana seeds, and reading material and paiaphemalia related to narcotics. had multiple products for the production of marijuana. After being read his Miranda Rights and stating that he understood those rights as they had been read to him, CHILDERS made multiple statements to SA Chakwin and other law enfoijcement of?cers concerning drug possession, use, and smuggling. CHILDERS stated that he had used the internet to order narcotics. These narcotics were sent from both domestic and foreign vendors. CHILDERS stated that he was able to View a pro?le of the vendor and read reviews that pertain to where the narcotics would be shipped from the potency and legitimacy of the narcotics, and statements of other people who have ordered ?'om each vendor. stated that he used another person?s name to have the mail delivered to his residence and PO Box. CI-IILDERS stated the reason for using another person?s name was to be able to deny 3 new. Ellis knowledge of the contents of the package if it was intercepted by law enforcement. CHILDERS stated that he tried to use vendors diet would ship from places where the narcotics were legal to attempt to avoid law enforcement becoming suspicious of the packaged CHILDERS stated that the LSD coming from foreign countries being iatercepted by US Customs and Border Protection was odd because LSD should not have an odor which a K9 would pick up on. CHILDERS told SA Chakwixz and other law enforcement of?cers that he had ordered an LSD test kit because he I thought he had been ripped by a previous order of LSD which did not give CHILDERS the desired effect of the drug. CHILDERS told SA Chakwin and other law enforcement of?cers that he has been using LSD since he was young. stated that he ordered such a large quantity of narcotics so that he could have a ?lifetime supply? and not have to order more. CHILDERS admitted to self-medicating using narcotics in different amounts and mixing different types. CHILDERS said this was his way of trying to correct the mental health issues ?ora which he said he suffered. During the search of residence thirty (30) ?rearms weie discovered and seized. The ?rearms are speci?cally described in the Plea Agreement (Forfeiture, 11 18) and the Consent to Forfeiture executed by the Defendant is ineorpomtcd herein by reference. In summary, from on or about March 3, 2015, continuing through April 2, 2015, the Defendant did knowineg and willfully bring goods (LSD) into the United States that should have been reported to customs authorities with the intent to defraud the United States. AGREED TO AND SIGNED. Respectfully submitted, KENYEN a. BROWN UNZSD STATES ATTO EY I 1 Date: Janell,2015 Mediate Assistant United States Attorney 4 Rev. 8313 Date; Date; 4 27%? Rev. 3133 MM VICKI M. DAVIS Assistazlt United States Attorney Chief, Criminal Division Mg M4 BENJAMIN MEEK MILLER CHILDERS II Defendant I Attorney for Defendant CONSENT TO FORFEITURE I, BENJAMIN MEEK MILLER CHILDERS ll, hereby certify that I am the owner of or in knowing ongoing actual legal possession of the following property seized by Homeland Security Investigations (H31) from my residence located within the Southern District of Alabama on or about April 2, 2015Sporter 7.62 caliber ri?e, serial number 039825; a Smith Wesson .357 Magnum, Serial number a Gloek model 24, serial oumber a Glook .40 caliber, serial number a Glook .40 caliber, serial number a Hi?Point model 995 MM, serial Immber A1 5025; a Stevens model 550, 12 gauge, serial 1012833 a ri?e, serial number 19632331632 a Smith 6?5 Wesson .22LR, serial number 61961; a Roger Carbine .40 calbier, serial number 48008050; at P30 pistol, serial number 16073; an SKS ri?e, serial number 12212981; a Ruger model 1022, serial number 23775725; a Winchester model 74, .22 short, serial amber 69522; a semiautomatic ri?e, serial number 501537; a Ruger MK II ?22 LR, serial amber 219-48274; a Rough Rider .22, serial number B21 138; a PAP M92, serial number a Ruger .22 Carbine, serial number 250-00434; an Escort shotgun, serial number 024846; a Great American Game Series, serial number a Savage model 93, serial number 0228497; 21 Winchester ri?e, serial number 675743; a Gleo?eld model 60, serial number 20481967; a Glcok 22, serial number a CZ model 712, serial number 03A3883 a Ruger MK II, serial number 21 1-47002 an SKS Lower Receiver, serial number an SKS Lower Receiver, serial number DV8225 and, art SKS Lower Receiver, serial number EM4926 All of the above-described property was owned by me or in my knomg ongoing actual legal possession at my residence during my involvement in the smuggling offense to which I have entered a guilty plea in the United States District Court for the Southern District of Alabama, Criminal No. 15-00083, and during the period in which I was a user of illegal drugs. For valuable consideration as stated in my plea agreement with the United States (to which this document is incorporated by reference) and after eoneulting with my below?named attorney, I hereby knowingly and voluntarily relinquish any and all right, title and interest in all of the above~deseribed property. Further, I expressly consent to the forfeiture of all of the above described property to the United States. I understand that all of the above-described property will be forfeited to the United States. I voluntarily waive all constitutional, legal and equitable claims arising out of and/or defenses to the forfeiture of this property in any proceedings, including any claim of innocent ownership and any claim or defense under the Eighth Amendment, including any claim that it is an exeessiye ?ne. I agree not to contest the forfeiture on any other ground. I further agree not to petition for the remission or mitigation of the forfeiture. I ?lrther understand and agree to execute any necessary documents to complete my forfeiture of all of the above?described property. I hereby agree to unconditionally release and hold harmless Homeland Security Investigations (HSI), the United States Attorney?s Office for the Southern District of Alabama, and each of their agents, of?cers and employees ?ora any and all claims, demands, damages, causes of action or suite, of whatever kind and description, and whatsoever situated, that might . now exist or hereafter exist by reason of, regarding, growing out of or affecting, directly or indirectly, the seizure and forfeiture of all of the above described property. Party Consenting to Forfeiture: Name: Benjamin Meek Miller Childers II Signature: Date: Mielrele C. O?Brien Assistant United States Attorney