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1 LORETTA E. LYNCH United States Attorney General 2 Benjamin B. Wagner United States Attorney 3 Michelle Rodriguez Special Attorney to the 4 United States Attorney General 501 I Street, 10th Floor 5 Sacramento, CA 95814 (916) 554-2700 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 1. The indictment in this case charges the defendant with violation of 21 U.S.C. § 841(a)(1) – 19 possession with intent to distribute (Count 1), 18 U.S.C. § 1708 - possession of stolen U.S. Mail (Count 20 2), 18 U.S.C. § 1703 - delay and destruction of U.S. Mail (Count 3), and alleges forfeiture under 21 21 U.S.C. § 853(a). This document contains the complete plea agreement between the United States 22 Attorney’s Office for the Northern District of California (the “government”) and the defendant regarding 23 this case. This plea agreement is limited to the United States Attorney’s Office for the Northern District 24 of California and cannot bind any other federal, state, or local prosecuting, administrative, or regulatory 25 authorities. 26 2. The Court is not a party to this plea agreement. Sentencing is a matter solely within the 27 discretion of the Court, and the Court may take into consideration any and all facts and circumstances 28 concerning the criminal activities of defendant, including activities which may not have been charged in Plea Agreement 1 UNITED STATES OF AMERICA, Plaintiff, v. Quan Pham Howard, Defendant. CASE NO. 14-390-LHK PLEA AGREEMENT

1 the indictment. The Court is under no obligation to accept any recommendations made by the 2 government, and the Court may in its discretion impose any sentence it deems appropriate up to and 3 including any statutory maximum stated in this plea agreement. 4 3. If the Court should impose any sentence up to the maximum established by statute, the 5 defendant cannot, for that reason alone, withdraw his guilty plea, and he will remain bound to fulfill all 6 of the obligations under this plea agreement. The defendant understands that neither the prosecutor, 7 defense counsel, nor the Court can make a binding prediction or promise regarding the sentence he will 8 receive. 9 4. The defendant will plead guilty to Count 1, charging a violation of 21 U.S.C. § 841(a)(1) – 10 possession with intent to distribute and, Count 2, charging a violation of 18 U.S.C. § 1708 - possession 11 of stolen U.S. Mail. The defendant agrees that he is in fact guilty of these charges and that the facts set 12 forth in the Factual Basis for Plea attached hereto as Exhibit A are accurate. The defendant agrees that 13 this plea agreement will be filed with the Court and become a part of the record of the case. The 14 defendant understands and agrees that he will not be allowed to withdraw his plea(s) should the Court 15 not follow the government’s sentencing recommendations. The defendant agrees that the statements 16 made by him in signing this Agreement, including the factual admissions set forth in the factual basis, 17 shall be admissible and useable against the defendant by the United States in any subsequent criminal or 18 civil proceedings, even if the defendant fails to enter a guilty plea pursuant to this Agreement. The 19 defendant waives any rights to further discovery, if any, and rights under Fed. R. Crim. P. 11(f) and Fed. 20 R. Evid. 410, to the extent that these rules are inconsistent with this paragraph or with this Agreement 21 generally. The defendant acknowledges that the crimes to which he is pleading guilty may result in his 22 continued remand into custody after the entry of his pleas. 23 5. The defendant agrees that his conduct is governed by the Mandatory Restitution Act pursuant 24 to 18 U.S.C. § 3663A(c)(1)(A)(ii) and agrees to pay the full amount of restitution to all victims affected 25 by this offense, including, but not limited to, the victims covered in the factual basis, victims covered in 26 those counts to be dismissed as part of the plea agreement pursuant to 18 U.S.C. § 3663A(a)(3), and 27 other victims as a result of the defendant’s conduct for the offenses charged. The defendant understands 28 that the factual basis of this plea agreement binds only the United States Attorney’s Office for the Plea Agreement 2

1 Northern District of California in this criminal case, and does not bind any agency of the United States 2 in any other judicial, administrative, or other proceeding. Defendant further agrees that he will not seek 3 to discharge any restitution obligation or any part of such obligation in any bankruptcy proceeding. 4 6. The defendant agrees to pay any fine imposed by the district court and he shall pay special 5 assessment of $100 per count at the time of sentencing by delivering a check or money order (payable to 6 "United States District Court") to the United States Probation Office immediately before the sentencing 7 hearing. If the defendant is unable to pay the special assessment at the time of sentencing, he agrees to 8 earn the money to pay the assessment, if necessary by participating in the Inmate Financial 9 Responsibility Program. 10 7. If the defendant violates this plea agreement in any way, withdraws his plea, or tries to 11 withdraw his plea, this plea agreement is voidable at the option of the government. The government will 12 no longer be bound by its representations to the defendant concerning the limits on criminal prosecution 13 and sentencing as set forth herein. One way a defendant violates the plea agreement is to commit any 14 crime or provide any statement or testimony which proves to be knowingly false, misleading, or 15 materially incomplete. Any "post-plea" conduct by a defendant constituting obstruction of justice will 16 also be a violation of the agreement. The determination whether the defendant has violated the plea 17 agreement will be under a probable cause standard. 18 8. If the defendant violates the plea agreement, withdraws his plea, or tries to withdraw his plea, 19 the government shall have the right (1) to prosecute the defendant on any of the counts to which he 20 pleaded guilty; (2) to reinstate any counts that may be dismissed pursuant to this plea agreement; and (3) 21 to file any new charges that would otherwise be barred by this plea agreement. The defendant shall 22 thereafter be subject to prosecution for any federal criminal violation of which the government has 23 knowledge, including perjury, false statements, and obstruction of justice. The decision to pursue any or 24 all of these options is solely in the discretion of the United States Attorney’s Office. 25 9. By signing this plea agreement, the defendant agrees to waive any objections, motions, and 26 defenses that the defendant might have to the government’s decision. Any prosecutions that are not 27 time-barred by the applicable statute of limitations as of the date of this plea agreement may be 28 commenced in accordance with this paragraph, notwithstanding the expiration of the statute of Plea Agreement 3

1 limitations between the signing of this plea agreement and the commencement of any such prosecutions. 2 The defendant agrees not to raise any objections based on the passage of time with respect to such 3 counts including, but not limited to, any statutes of limitation or any objections based on the Speedy 4 Trial Act or the Speedy Trial Clause of the Sixth Amendment to any counts that were not time-barred as 5 of the date of this plea agreement. 6 10. In addition, (1) all statements made by the defendant to the government or other designated 7 law enforcement agents, or any testimony given by the defendant before a grand jury or other tribunal, 8 whether before or after this plea agreement, shall be admissible in evidence in any criminal, civil, or 9 administrative proceedings hereafter brought against the defendant; and (2) the defendant shall assert no 10 claim under the United States Constitution, any statute, Rule 11(f) of the Federal Rules of Criminal 11 Procedure, Rule 410 of the Federal Rules of Evidence, or any other federal rule, that statements made by 12 the defendant before or after this plea agreement, or any leads derived therefrom, should be suppressed. 13 By signing this plea agreement, the defendant waives any and all rights in the foregoing respects. 14 11. The defendant agrees to forfeit to the United States voluntarily and immediately all of his 15 right, title, and interest to his equity or interest in any and all assets subject to forfeiture pursuant to 21 16 U.S.C. 853, which assets include the real property located at 11620 Southwood Drive, San Jose CA, 17 APN 307-02-050. The defendant agrees that this property constitutes or was derived from proceeds 18 obtained, either directly or indirectly, and/or was property used, or intended to be used, in any manner or 19 part, to commit or to facilitate the commission of a violation of 21 U.S.C. § 841(a)(1). 20 The defendant agrees to fully assist the government in the forfeiture of the listed assets and to take 21 whatever steps are necessary to pass clear title to the United States. The defendant shall not sell, 22 transfer, convey, or otherwise dispose of any of his asset(s), including but not limited to, the above-listed 23 11620 Southwood Drive residence. The defendant agrees not to file a claim to any of the listed property 24 in any civil proceeding, administrative or judicial, which may be initiated. The defendant agrees to 25 waive his right to notice of any forfeiture proceeding involving this property, and agrees to not file a 26 claim or assist others in filing a claim in that forfeiture proceeding. 27 12. The defendant knowingly and voluntarily waives his right to a jury trial on the forfeiture of 28 assets. The defendant knowingly and voluntarily waives all constitutional, legal and equitable defenses Plea Agreement 4

1 to the forfeiture of these assets in any proceeding. The defendant agrees to waive any jeopardy defense, 2 and agrees to waive any claim or defense under the Eighth Amendment to the United States 3 Constitution, including any claim of excessive fine, to the forfeiture of the assets by the United States, 4 the State of California or its subdivisions. 5 13. The defendant waives oral pronouncement of forfeiture at the time of sentencing, and any 6 defenses or defects that may pertain to the forfeiture. 7 14. The defendant agrees to make a full and complete disclosure of his assets and financial 8 condition, and will complete the United States Attorney’s Office’s “Authorization to Release 9 Information” and “Financial Affidavit” within five (5) weeks from the entry of the defendant’s change 10 of plea. The defendant also agrees to have the Court enter an order to that effect. The defendant 11 understands that this plea agreement is voidable at the option of the government if the defendant fails to 12 complete truthfully and provide the described documentation to the United States Attorney’s Office 13 within the allotted time. 14 15. The government agrees to move, at the time of sentencing, to dismiss without prejudice the 15 remaining counts in the pending indictment. The government agrees not to prosecute the defendant 16 further for conduct described in Exhibit A. The government also agrees not to reinstate any dismissed 17 count except if this agreement is voided. The government will recommend a two-level reduction (if the 18 offense level is less than 16) or a three-level reduction (if the offense level reaches 16) in the 19 computation of his offense level if the defendant clearly demonstrates acceptance of responsibility for 20 his conduct as defined in U.S.S.G. § 3E1.1. This includes the defendant meeting with and assisting the 21 probation officer in the preparation of the pre-sentence report, being truthful and candid with the 22 probation officer, and not otherwise engaging in conduct that constitutes obstruction of justice within the 23 meaning of U.S.S.G § 3C1.1, either in the preparation of the pre-sentence report or during the 24 sentencing proceeding. Assuming full acceptance of responsibility, the parties stipulate, under the 25 /// 26 27 28 Plea Agreement 5

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