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UNITED STA TES D ISTR IC T C O URT
SO UTH ERN DISTRIC T O F FLO RIDA
CASE N O.16-60157-C R-H URLEY
CA SE NO .17-60002-CR-H U RLEY
U NITED STATES O F AM ERICA
V.
LEE RO BERT M O O RE ,
D efendant.
/
PLEA A G REEM EN T
TheUnited StatesAttorney'sOfficeforthe Southern DistrictofFlorida(''thisOffice''land
LeeRobertMoore(hereinafterreferredtoastheûûdefendanf')enterintothefollowingagreement:
Tht defendantagreesto plead guilty to Count3 ofthe Indictm entin CaseN um ber
16-60157-CR-Hur1ey,which count charges the defendantw ith using any facility and m eans of
interstate orforeign com m erce to know ingly persuade,induce,entice orcoerce an individualw ho
had notattained the age of eighteen years to engage in any sexualactivity for which any person
can be charged w ith a crim inaloffense,orattem pting to do so,in violation of Title 18,United
States Code,Section 2422(1$. The defendantalso agreesto plead guilty to Count 1ofthe
lndictmentoriginally assigned CaseNumber 15-63-UNA (DistrictofDelaware)and currently
assignedCaseNumber17-60002-CR-Hur1ey(SouthernDistrictofFlorida),whichcountcharges
the defendantwith the attem pted transferofobscene m aterialto a m inor,in violation ofTitle l8,
United States Code,Section 1470.
This Office agrees to seek dism issalof Counts 1and 2 of the lndictm ent in Case
N um ber 16-60157-CR-H urley aftersentencing.
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3.
The defendant is aw are that the sentence will be im posed by the court after
consideration of the Federal Sentencing Guidelines and Policy Statements (hereinafter
iisentencing Guidelines''). The defendantacknowledges and understands thatthe Courtwill
com pute an advisory sentence underthe Sentencing Guidelines and thatthe applicable guidelines
w illbe determ ined by the Courtrelying in parton the resultsof a Pre-sentence Investigation by
the Court's probation office,which investigation w illcom m ence after the guilty plea has been
entered. The defendant is also aware that,under certain circum stances,the Courtm ay depart
from the advisory sentencing guideline range that it has computed,and m ay raise or low erthat
advisory sentence under the Sentencing Guidelines. The defendant is further aw are and
understandsthatthe Courtis required to considerthe advisory guideline range determ ined under
the Sentencing Guidelines,butisnotbound to im pose thatsentence;theCourtisperm itted to tailor
the ultim ate sentence in light of other statutory concerns,and such sentence m ay be eitherm ore
severe or less severc than the Sentencing Guidelines'advisory sentence. Know ing these facts,
the defendant understands and acknow ledges that the Court has the authority to im pose any
sentence w ithin and up to the statutory m axim um authorized by 1aw forthe offenses identified in
paragraph 1 and thatthe defendantm ay notw ithdraw his plea solely as a resultofthe sentence
imposed.
The defendantunderstands and acknow ledgesthat,asto Count3 ofCaseN umber
16-60157-CR-Hur1ey,theCourtmustimposeaminimum term ofimprisonmentofatleastten(10)
years,and m ay im pose a statutory m aximum term ofIifein prison;a m andatory m inim um term of
supervisedreleaseofatleastfive (5)yearsup to a maximum term oflife,a fine ofup to two
hundredand fiftythousand dollars($250,000.00),andan ordcrofrestitution. Thedefendantalso
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understands and acknow ledges that,as to Count 1 of Case N um ber 17-60002-CR-H urley,the
Courtm ay im pose a statutory m axim um term of im prisonm entoften years'
,a m axim um term of
supervised release ofthree (3)years,and a fineofup to two hundred and fifty thousand dollars
($250,000.00).
The defendant further understands and acknow ledges that, in addition to any
sentenceimposedunderparagraph4 ofthisagreement,aspecialassessmentintheamountof$100
w illbe imposed on the defendantforeach countto which he ispleading guilty. The defendant
agreesthatany specialassessm entim posed shallbe paid atthetim e ofsentencing. lfa defendant
isfinancially unable to pay the specialassessm ent,thedefendantagreesto presentevidenceto this
O ffice and the Courtatthetim e ofsentencing asto the reasonsforthe defendant'sfailure to pay.
This Office reserves the rightto inform the Courtand the probation office of a11
factspertinenttothesentencing process,including allrelevantinform ation concerningtheoffenses
com m itted,whether charged or not, as w ell as concerning the defendant and the defendant's
background. Subjectonlytotheexpresstermsofanyagreed-uponsentencingrecommendations
contained in thisagreem ent,thisOffice furtherreservesthe rightto m ake any recom m endation as
to the quality and quantity ofpunishm ent.
This Office agrees thatitw illrecom m end atsentencing thatthe Courtreduce by
two levelsthe sentencing guideline levelapplicableto the defendant'soffense,pursuantto Section
3E1.l(a)ofthe Sentencing Guidelines,based upon the defendant'srecognition and affirmative
and tim ely acceptance of perkonal responsibility. lf atthe tim e of sentencing the defendant's
offense levelis determ ined to be 16 or greater,the governm entw illfile a m otion requesting an
additionalone-leveldecrease pursuantto Section 3El.1(b)ofthe Sentencing Guidclines,stating
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thatthedefendanthasassisted authoritiesin theinvestigation orprosecution ofhisow n m isconduct
by tim ely notifying authorities ofhis intention to enter a plea of guilty,thereby perm itting the
governm entto avoid preparing for trialand perm itting the governm ent and the courtto allocate
theirresourcesefficiently. ThisO ffice,however,w illnotbe required to make thism otion orthis
recommendation ifthe defendant:(l)failsorrefusesto make a full,accurate and complete
disclosure to the probation office ofthe circum stances surrounding the relevantoffense conduct;
(2) is found to have misrepresented facts to the government prior to entering into this plea
agreement;or(3)commitsany misconductafterentering intothispleaagreement,includingbut
notlim ited to,com m itting a state orfederaloffensc,violating any term ofrelease,orm aking false
statem entsorm isrepresentationsto any governm entalentity orofficial.
8.
Thedefendantisaware thatthe sentence hasnotyetbeen determ ined by the Court.
The defendantalso isaware thatany estim ate ofthe probable sentencing range orsentence thatthe
defendant m ay receive, whether that estim ate comes from the defendant's attorney, the
governm ent,or the probation office,is a prediction,not a prom ise,and is not binding on the
governm ent,the probation office or the Court. The defendant understands further that any
recom m endation thatthe governm entm akesto the Coul'tasto sentencing,whetherpursuantto this
agreem ent or otherw ise, is not binding on the Court and the Court m ay disregard the
recom m endation in its entirety. The defendant understands and acknow ledges, as previously
acknowledged in paragraph 3 above,thatthedefendantmay notw ithdraw hisplea based upon the
Court's decision not to accept a sentencing recom mendation m ade by the defendant, the
governmentorarecommendationmadejointlybyb0ththedefendantandthegovernment.
9.
This Office and the defendant agree that by pleading guilty, the defendant is
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accepting responsibility forhisconductinvolving theon-lineenticem entofotherm inors,including
ajuvenilevictim in Amarillo,Texas,ajuvenilevictim in Missouri,and othersasyetidentified.
In exchange and consideration of his plea in this case,this Office agrees not to prosecute the
defendantforthese victim s orany additionalvictim s itm ightdiscoverin the future,asIong asthe
defendant's conductas itrelatesto any such victim s isbased on sim ilar conductas thatengaged
in by the defendant in this case,to w it, online enticem ent, attem pted production,production,
receipt and possession of child pornography, and the transm ission of obscene m aterial.
however,itiseverdeterm ined thatthedefendantengaged in any hands-on sexualoffensesagainst
a m inor,this Office willnotbe bound by any agreem entnotto prosecute and additionalcharges
can be pursued for such conduct. A dditionally,the agreem entnotto prosecute setforth in this
paragraphofthepleaagreementisnotbindingon any otherfederalorstatejurisdiction.Atthe
tim e ofthis plea agreem ent,undersigned counselforthe United States isnotaw are of any other
jurisdictions(state orfederal)who are investigating the defendantorwho have any plansto
prosecute defendant.
The defendantisaw are thatTitle l8,United States Code,Section 3742 and Title
28,United StatesCode,Section 1291afford thedefendantthe rightto appealthe sentence im posed
in this case. A cknow ledging this,in exchange forthe undertakingsm ade by the U nited Statesin
thisplea agreem ent,the defendanthereby w aives a1lrights conferred by Sections 3742 and 1291
to appealany sentence im posed,including any rcstitution order,orto appealthe m anner in which
the sentencew as im posed,unlessthesentence exceedsthe m axim um perm itted by statuteoristhe
resultof an upward departure and/oran upward variance from the advisory guideline range that
the Court establishes at sentencing. The defendant further understands that nothing in this
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agreementshallaffectthe governm ent'srightand/orduty to appealassetforth in Title 18,United
StatesCode,Section 3742(b)and Title 28,United StatesCode,Section 1291. However,ifthe
United States appeals the defendant's sentence pursuantto Sections 3742(b) and 129l,the
defendantshallbe released from the above waiverofappellaterights. By signing thisagreem ent,
the defendantacknow ledgesthatthe defendanthas discussed the appealwaiver setforth in this
agreem entw ith the defendant'sattorney. The defendantfurtheragrees,togetherw ith the United
States, to request that the Court enter a specific finding that the defendant's w aiver of the
defendant'srightto appealthe sentence to be im posed in thiscase wasknow ing and voluntary.
11.
The defendant also agrees to forfeit to the United States voluntarily and
immediatelyal1ofhisright,titleandinteresttoallassets,and/ortheirsubstituteswhichissubject
toforfeiturepursuantto l8U.S.C.j2253includingbutnotlimitedto,thefollowing:
a. one(1)Appleiphone5S,IM EI358753057494876;
b. one(1)Appleiphone6,IM EI359305061400503;
one(1)DellVostroD06D Desktop Computer,ServiceTag3T09W Rl,containing a282G8
W estern DigitalHard Drive.
Asa resultof the offenses alleged in Count3 ofthe lndictm ent.the defendantagrees that
theabove-namedproperty is:1)avisualdepictionofaminorengagedin sexually explicitconduct,
and any book,m agazine,periodical,film ,videotape,or other m atter which contains any such
visualdepiction,which wasproduced,transported,mailed,shipped orreceived;2)property,real
or personal, constituting or traceable to gross profits or other proceeds w hich the defendant
obtained from such violations;and/or3)property,realorpersonal,used orintendedtobe usedto
com m it or to prom ote the com m ission of such violations and any property traceablc to such
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propertyinviolationof18U.S.C.j2252(a)(4)(B)andissubjecttoforfeiturepursuantto l8U.S.C.
j2253. Thedefendantknowingly and voluntarily waivesany claim ordefensehe may have
under the EightAm endm entofthe United States Constitution,including any claim ofexcessive
fine or penalty with respectto the forfeited assets. The defendant know ingly and voluntarily
waiveshisrighttoajurytrialontheforfeitureofassets. The defendantwaiveshisrightto appeal
the forfeiture.
12.
Restitution. The defendant acknowledges that, pursuant to the M andatory
Restitution A ct of A pril 24, 1996,Title l8, United States Code, Section 3663A ,the court is
required in allinstances to order fullrestitution to allvictim s for the losses those victim s have
suffered as a resultofthe defendant'sconduct. The defendantalso agreesthatthe Governm ent
w illseek and the courtm ay im pose an orderofrestitution asto victim softhe defendant'srelevant
conduct,including M inorV ictim -l,M inorV ictim -z,and M inorV ictim -3 referenced intheFactual
Basis. W ith respectto the paym entofrestitution,the defendantfurtheragreesthat,aspartofthe
sentence in this m atter,the defendant shallbe responsible for m aking payment of restitution in
full,unless the defendant can dem onstrate to the satisfaction of the courtthatthe defendant's
econom ic circum stancesdo notallow forthe paym entoffullrestitution in the foreseeable future,
in w hich casethedefendantwillbe required to m ake partialrestitution paym ents. The defendant
understands and agreesthatthe Governm enthas the obligation and the rightto pursue any Iegal
m eans,including butnot lim ited to,subm ission ofthe debtto the Treasury OffsetProgram ,to
collectthe fullamountofrestitution owed to the victimts) in a timely fashion. Although the
defendantm ay reserve the rightto contestthe am ountofrestitution ow ed,the defendantagrees to
take aIlsteps to facilitate collection of allrestitution,including subm itting to debtor's exam s as
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directed by theG overnm ent. Tow ardsthisgoal,the defendantagreesto waiveany furthernotice
offorfeiture and agreesthatthe United States may,atitssole election,electto pursue civiland/or
crim inalforfeiture in the am ountofthe victim restitution owed in this case,and the courtm ay
enterboth arestitution orderand aforfeiturejudgmentin theamountofany unpaid restitution
found by the courtto be due and ow ing atthe time ofsentencing in this m atter. The defendant
consents to the filing ofany civilcom plaintorsuperseding information which m ay be necessary
to perfect a forfeiture order and further stipulates and agrees that the defendant's guilty plea
constitutesan adm ission to a11m atterslegaland factualnecessary forentry ofa forfeiture orderin
this case. The parties agree thatany restitution payments obtained by the United States orthe
victim w illbe applied by the United Statesto reduce the restitution obligation in thiscase. The
parties further agree that the Government w ill recom m end that any assets recovered through
forfeitureproceedingsbe rem itted to crim e victim sto reducethedefendant'srestitution obligation
in thiscase. Thedefendantacknow ledgesthatthe m aking ofany paym entsdoesnotpreclude the
Government from using other assets or incom e of the defendant to satisfy the restitution
obligations. The defendantunderstandsthatthe am ountofrestitution calculated forpurposes of
Chapter5 ofthe Sentencing Guidelines m ightbe differentthan the am ountoflosscalculated for
purposesofChapter2 ofthe Sentencing Guidelines.
13.
The defendantunderstands thatby pleading guilty,he w illbe required to register
asa sex offenderupon hisrelease from prison asa condition ofsupervised release pursuantto 18
U.S.C.j3583(*. Thedefendantalsounderstandsthatindependentofsupervisedrelease,hewill
besubjecttofederalandstatesexoffenderregistrationrequirements,andthatthoserequirements
m ay apply throughout defendant's life. The defendant understands that he shall keep his
8
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registration current, shallnotify the state sex offender registration agency or agcncies of any
changesto defendant'snam e,place ofresidence,em ploym ent,orstudentstatus, orotherrelevant
inform ation. The defendant shall comply with requirem ents to periodically verify in person
defendant's sex offender registration inform ation. The defendant understands that he w ill bc
subjectto possiblefederaland statepenaltiesforfailureto comply with any such sex offender
registration requirem ents. Ifthe defendantresides in Florida follow ing release from prison, he
willbesubjecttotheregistrationrequirementsofFloridaStateStatute943.0435. Thedefendant
further understands that, under 18 U.S.C.j 4042(c).notice willbe provided to certain law
enforcem entagencies upon the defendant'srelease from confinem entfollowing conviction.
As a condition ofsupervised release,the defendantshallinitially registerw ith the
state sex offender registration in the state of Florida,and shallalso register w ith the state sex
offender registration agency in any state where defendantresides,is em ployed, works,or is a
student,as directed by the Probation Officer. The defendantshallcom ply w ith allrequirements
of federal and state sex offender registration law s, including the requirement to update his
registration inform ation. The defendant shallprovide proof of registration to the Probation
O fficerw ithin 72 hoursofrelease from im prisonm ent.
15.
The D efendant'sattorney hasadvised him ofhis rightsunderFederalRule of
CriminalProcedure11(9 andFederalRuleofEvidence410.Uponsigningthisagreement,the
Defendantw aivesthese rightsand agreesthatthe contentofthisAgreem ent, including the
FactualBasis(incorporatedherein),maybeusedagainsthim atanytimeinanyproceeding
should he violate orrefuse to follow through on thisplea agreem ent,regardlessofw hetherthe
plea agreem enthasbeen accepted by the Court.In otherw ords,even though FederalRule of
9
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CriminalProcedure11(d)mayallow,undercertaincircumstances,adefendanttowithdraw a
guilty plea before the Courtacceptsthe plea,the Defendantunderstandsthatby signing this
A greem ent,the contents ofthisA greem entand the FactualBasism ay be used againsthim even
ifhe w ithdraw sthe guilty plea im m ediately thereafter,and even ifhe chooses notto plead guilty
priorto the change ofpleahearing.
The G overnm entm ay use D efendant's guilty plea,any statcm entmade underoath atthe
change-of-plea hearing,and the FactualBasisstatem entincorporated into thisplea agreem ent,
againsthim in any proceeding,including attrial.
This is the entire agrecm ent and understanding betw een this Office and the
defendant. There are no otheragreem ents,prom ises,representations,orunderstandings.
W IFREDO A .FERRER
UN ITED STATES ATTOR
Date: % -I-p-J
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Y
By:
Corey tei erg
A ssistantU nited StatesA ttorney
Date: 3 -l-l ty
#
By:
Austin M .Berry
TrialAttorney
.
Date: e
) -/-yy
By:
/
'
,
. 4 zz
Bruce
e H. e r
A ttorney forDefendant
Date: ?: - /- l7
By:
Z
Lee RobertM oore
Defendant
10
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