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15. The parties acknowledge and un<strong>de</strong>rstand that the government will recommend to thesentencing court that for purposes of <strong>de</strong>termining the <strong>de</strong>fendant's culpability score un<strong>de</strong>r SentencingGui<strong>de</strong>lines Manual § 8C2.5, one (1) point should be ad<strong>de</strong>d to the <strong>de</strong>fendant's culpability scorepursuant to § 8C2.5(b)(5) because the <strong>de</strong>fendant had 10 or more employees and individuals withinsubstantial authority personnel participated in, condoned or were wilfully ignorant of the offense.16. The government agrees to recommend to the sentencing court that for purposes of<strong>de</strong>termining the <strong>de</strong>fendant's culpability score un<strong>de</strong>r Sentencing Gui<strong>de</strong>lines Manual § 8C2.5, one (1)point should be subtracted from the <strong>de</strong>fendant's culpability score pursuant to § 8C2.5(g)(3) becausethe <strong>de</strong>fendant clearly <strong>de</strong>monstrated recognition and affirmative acceptance of responsibility for itscriminal conduct.Sentencing Recommendations17. Both parties reserve the right to advise the district court and the probation office of anyand all information which might be pertinent to the sentencing process, including but not limited toany and all conduct related to the offense as well as any and all matters which might constituteaggravating or mitigating sentencing factors.18. Both parties reserve the right to make any recommendation regarding any other mattersnot specifically addressed by this agreement.19. The government and the <strong>de</strong>fendant agree to recommend that a sentence be imposedwithin the applicable sentencing gui<strong>de</strong>line range, as <strong>de</strong>termined by the court.Court's Determinations at Sentencing20. The parties acknowledge, un<strong>de</strong>rstand, and agree that neither the sentencing court northe United States Probation Office is a party to or bound by this agreement. The parties furtherun<strong>de</strong>rstand that the United States Probation Office will make its own recommendations to theCase 2:08-cr-00062-RTR Filed 02/25/08 Page 5 of 17 Document 2

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