U.S. Department of Justice

United States AttorneyDistrict of New Jersey

970 Brcad Street, Suite 700

Nework NJ 07102

(973) 615-2700

OJB/BK/PL AOR

September 21, 2OL7

Pasquale F. Giannetta, EsquireLaw Offices of Pasquale F. Giannetta475 Bloomfieid AvenueNewark, New Jersey O71O7

Re: Plea Asreement with Rashan Washinston

Dear Mr. Giannetta:

This letter sets forth the plea agreement between your client,Rashan Washington ("Washington'), and t}le United States Attorney for theDistrict of New Jersey ("this Office"). This Office's offer to enter into this olea

twi ifa lea ent is notthis Office on or before 6:00 p.m. on Fridav, September 29. 2Ol7 .

Charses

Conditioned on the understandings specifred below, pursuant toRule 11(c)(1)(C) of the Federal Rules of Criminal Procedure, this Office willaccept a guilty plea from Washington to Count One, Count Thirteen, CountFourteen, Count Eighteen, and Count Nineteen of the Sixth SupersedingIndictment in United Stales u. Coreg Hamlet et al., Crim. No. 14-220 (MCA).

Count One of the Sixth Superseding lndictment charges that,between in or about 2003 and in or about November 2016, Washington, as amember of the NJ Grape Street Crips, knowingly and intentionally conspiredand agteed with others to violate the Racketeer Influenced and Corn:ptOrganizations Act ('RICO") by conducting and participating, directly andindirectly, in the conduct of the affairs of the New Jersey set of the Grape StreetCrips through a pattern of racketeering activity, in violation of Title 18, UnitedStates Code, Section 1962(d). Count One charged Washington with, amongother things, certain acts taken in furtherance of the RICO conspiracy,including the Overt Acts ufl 28(ii), 28(nn), 28(uu), 28(ww), 28(rc<), 28(yy),28(aaal,28(ooo), 28(ppp), 28(bbbb), and 28(cccc) (the "Washington Overt Acts').

Count Thirteen of the Sixth Superseding Indictment charges that'

on or about October 7,2}l3,Washington' t" t *""ibtt of the NJ Grape Street

Crips, knowingly and p"po-itiv "t""iittd to "::1"!t

another with a dangerous

we;pon, contrary t" N.J.S;.;ti'j-1'6)ifand2c"5-2' in violation of ritle 18'

u"if,Ji*,.. Code, sections 19s9(a)(6)'

Count Fourteen of the Sixth Sunersedi,ne In$',"rT;[H]Tr*" **'

;h":ll":'{rH;g**lt+r*i{r:ffi rs:}$ti"l"#rdil"'i*"'rCount Eighteen of the Sixth Supersedlng !n{ic-gne1t

char-ges that'

between in or about *"' i6ii lta-ii "t about May 2015' Washington

knowingiv and intenuon"f;;;"#a and agreed wG ott"t" to distribute and

possess with intent' o'iiuJi""i;6 ;;" :'- ::L"lxJtHi? Tl""o,ffi#;;;;;taining a detectable amoun-t ol:o"1contrarv to Title 21, u'"ti ititt" 6oJe' S"ctiont+l{altl) and (b)(l)(A)' in

violation of Title 21 ,"r,"?""i"t c-olti""s""tio",8+6'' on'March 1o' 2017' the

Government filed an u"i}i"f, *"lt-ty tt'to""ttion' pursuant to Title 2'l'

u nited s tate s coa", s'" ul""ii i t "i' p'i' ia*c T1;;i;1: *?;Jlil:";'"*o

i"ii,'""""*."1*"*1:gi:;fi:T3",'"",X8?,H:ffi ;"*aiiidor""aoenalties set forth in Titl

;;i6i(ri,;t" respect to count Eighteen'

CountNineteenoftheSixthSupersedinglndictmentchargesthat'r,o-.,a,,u^,yzo,.*LJ:;i,"1EllffJLHil:$:#LH?1"flr".1"."","*"intentionallv ".".cic"l 1ii;"dir.ii"ri r. 2 t , uniied' states code' s€ction

. .

SiEilfiil^illjillir},?i; :;l ffi ; J tr' i"' ""p ""i" instance s' which vioration s

werepartof "'o"t""l'];""ffi'J?il;;:::^:lf l'";;-in3t:igtT:*"""'t:"}n*:tmi:r:iiff ..,,,ffi

ss1trixai"ff ffi :innxl"ts;nwhich continuing sene:

and resources, it' 'ior"iiJt' oiili"'ir' u"n"ist"tt" coa"' sections 848(a) and

iiit"i f""",l"uing criminal enterprise)'

If Washington enters a Cuilry -PIe3 3nq is sentenced on these charges'

and otherwise r"ilv *-iii"l;tth'"li or tr'" t"'*"-oithis agreement' then this

orfi cewilnotinitiat".#v;#;;Jri*i"^t""*-fi ffflS""t#1"1lflil jTr*:"

;Jnii; ;.; i;ttt' i" tt't sixth supe'"edi"'-c' I:^qi"

u. cores Hamtet", ",., biil."o,Il1i-izo 1frca1.. t" addition, prior to

sentencing, tt"" cou""'iill; i'';*;;o 11t q"y"*Je"""rtv lnformatio'n riled

on March ro,2017 '*ii:h;:iil;; washington's two prior felonv convrctrons

to trigger enhanced P*;il;il;;flect the cou"*t""i'" intent io rely on onlv

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one of Washington's prior felony convictions to trigger the enhanced penaltiesset forth in Title 21, United States Code, Sections 8a1(a)(1) and 8a1(b)(1), withrespect to Count Eighteen. Washington consents to the Government amendingthe Enhanced Penalty Information in this manner and agrees that suchamended Enhanced Penalty Information shall satis$ the filing and noticeprovisions of Title 21, United States Code, Section 851(a). However, in theevent that a guilty plea in this matter is not entered for any reason or thejudgment of conviction entered as a result of this guilty plea does not remain infull force and effect, Washington: (a) agrees that any dismissed charges andany other charges that are not time-barred by the applicable statute oflimitations on the date this agreement is signed by Washington may becommenced against him, notwithstanding the expiration of the limitationsperiod after Washington signs the agreement; (b) consents to the Governmentrefiling or otherwise reinstating the original Enhanced Penalty Information,which provides notice of the Government's intent to rely on Washington's twoprior felony convictions to trigger enhanced penalties; and (c) agrees that suchrefiled or reinstated Enhanced Penalty Information shall satisff the filing andnotice provisions of Title 21, United States Code, Section 851(a) and otherwisehave the same force ald effect as the Enhanced Penalty Information filed onMarch 10,2017.

Should the Court at any time reject this plea under Federal Rule ofCriminal Procedure l1(cXlXC) or act contrary to its terms, either party mayelect to be relieved of the terms of this plea and the parties will be returned tothe status prior to the entry of the plea. This Office will advise the Court andthe United States Probation Department of information related to sentencing,and such information may be used by the Court in determining Washington'ssentence.

Sentencing

The violation of Title 18, United States Code, Section 1962(d), setforth in Count One carries a statutory maximum prison sentence of life, and astatutory maximum fine equal to the greatest of (1) $25O,O00, or (2) twice thegross arnount of any pecuniary gain that any persons derived from the offense,or (3) twice the gross amount of any pecuniary loss sustained by any victims ofthe offense.

The violation of Title 18, United States Code, Sections 1959(a)(6),set forth in Count Thirteen carries a statutory maximum prison sentence ofthree (3) years, and a statutory maximum fine equal to the greatest oi(1) $25O,O00, or (2) twice the gross amount of any pecuniaqr gain that anypersons derived from the offense, or (3) twice the gross amount of anypecuniary loss sustained by any victims of the offense.

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The violation of Title 18, United States Code, Section 924(o), setforth in Count Fourteen carries a statutory maximum prison sentence oftwenty (20) years, and a statutory maximum fine equal to the greatest ot(1) $250,000, or (2) twice the gross amount of any pecuniary gain that anypersons derived from the offense, or (3) twice tlte gross amount of anypecuniary loss sustained by any victims of the offense.

The violation of Title 21, United States Code, Sections 846 and851(a), set forth in Count Eighteen carries a statutory mandatory minimumprison sentence of twenty (2O) years, a statutory maximum prison sentence oflife, and a statutory maximum fine equal to the greatest of: (1) $20,000,0O0, or(2) rwice the gross profits or other proceeds to Washington. Fines imposed bythe sentencing judge may be subject to the payment of interest.

The violation of Title 21 , United States Code, Sections 848(a) arrd848(c) set forth in Count Nineteen carries a statutory mandatory minimumprison sentence of twenty (2O) years, a statutory maximum prison sentence oflife imprisonment, and a statutory maximum fine equal to the greatest of:(1) $2,000,000, or (2) twice the gross profits or other proceeds to Washington.Fines imposed by the sentencing judge may be subject to the pa5rment ofinterest.

Fines imposed by the sentencing judge may be subject to thepayment of interest. The sentencing judge may impose the sentence for eachcount consecutive to every other count.

Further, in addition to imposing any other penalty on Washington,tJle sentencing judge: (1) will order Washington to pay an assessment of $f 00per count ($500 total) pursuant to 18 U.S.C. S 3013, which assessment mustbe paid by the date of sentencing; (21 may order Washington to pay restitutionpursuant to 18 U.S.C. S 3663 et seq.; (3) may deny Washington certainstatutorily defined benefits, pursuant to 21 U.S.C. $$ 862 and 862a; and (4)must order forfeiture, pursuant to 18 U.S.C. $ 1963(a) and 2l U.S.C. $ 853.

Pursuant to l8 U.S.C. g 3583, the sentencing judge may, withrespect to the offenses charged in Count One and Count Nineteen of the SixthSuperseding Indictment, require Washington to serve a term of supervisedrelease of up to five (5) years. Should Washington be placed on a term ofsupervised release and subsequently violate any of the conditions of supervisedrelease before the expiration of its term, Washington may be sentenced to notmore than five (5) years' imprisonment in addition to any Prison termpreviously imposed, regardless of the statutory maximum term ofimprisonment set forth above and without credit for time previously served on

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post-release supervision, and may be sentenced to an additional term ofsupervised release.

Pursuant to 18 U.S.C. S 3583, the sentencing judge may, withrespect to the offense charged in Count Thirteen of the Sixth SupersedingIndictment, require Washington to serve a term of supervised release of notmore than (1) year. Should Washington be placed on a term of supervisedrelease and subsequently violate any of the conditions of supervised releasebefore the expiration of its term, Washington may be sentenced to not morethan one (l) year's imprisonment in addition to any prison term previouslyimposed, regardless of the statutory maximum term of imprisonment set forthabove and without credit for time previously served on post-releasesupervision, and may be sentenced to an additional term of supervised release.

Pursuant to 18 U.S.C. S 3583, the sentencing judge may, withrespect to the offense charged in Count Fourteen of the Sixth SupersedingIndictment, require Washington to serve a term of supervised release of up tothree (3) years. Should Washington be placed on a term of supervised releaseand subsequently violate any of the conditions of supervised release before theexpiration of its term, Washington may be sentenced to not more than three (3)

years' imprisonment in addition to any prison term previously imposed,regardless of the statutory maximum term of imprisonment set forth above andwithout credit for time previously served on post-release supervision, and maybe sentenced to an additional term of supervised release.

Pursuant to 21 U.S.C. $ 841, the sentencing judge must, withrespect to the offense charged in Count Eighteen of the Sixth SupersedingIndictment, require Washington to serve a term of supervised release of at leastten (10) years, which will begin at the expiration of any term of imprisonmentimposed. Should Washington be placed on a term of supervised release andsubsequently violate any of the conditions of supervised release before theexpiration of its term, Washington may be sentenced to not more than ten (10)years' imprisonment in addition to any prison term previously imposed,regardless of tJ:e statutory maximum term of imprisonment set forth above andwithout credit for time previously served on post-release supervision, and maybe sentenced to an additional term of supervised release.

This Office and Washington agree that, pursuant to Rule l1(c)(l)(C)of the Federal Rules of Criminal Procedure, the sentence to be imposed onWashington should be as follows: (i) with respect to Count One, a prisonsentence of thirty (3O) years, and a term of supervised release of live (5) years;(ii) with respect to Count Thirteen, a prison sentence of three (3) years, and noterm of supervised release; (iiil with respect to Count Fourteen, a prisonsentence of twenty (20) years, and a term of supervised release of three (3)

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years; (iv) with respect to Count Eighteen, a prison sentence of thirty (3O)

years, and a term of supervised release of ten (10) years; (v) with respect toCount Nineteen, a prison sentence of thirty (30) years, and a term of supervisedreiease of five (5) years; (vi) a special assessment of $5OO ($1OO per count), withthe sentences on all counts running concurrent to each other. In short,pursuant to Rule t t(c)(t)(C), this Oflice and Washington agree to an overallprison sentence of thirty (30) years, arr overall sentence of supervised release often (10) years, and a special assessment of$50O. Pursuant to Rule 11(c)(1)(C),this Oflice and Washington agree that no other sentence or fine is appropriate,beside those set forth in this paragraph. If the Court accepts this pleaagreement, tJ.en Washington must be sentenced accordingly.

Rishts of This O ffi ce Regardjlg.Sqltllqrlc:ing

Except as otherwise provided in this agreement, this Officereserves its right to take any position with respect to the appropriate sentenceto be imposed on Washington by the sentencing judge, to correct anymisstatements relating to the sentencing proceedings, and to provide thesentencing judge and the United States Probation Office all law andSuperseding Information relevant to sentencing, favorable or otherwise. Inaddition, this Office may inform the sentencing judge and the United StatesProbation Office of: (1) this agreement; and (2) the full nature and extent ofWashington's activities and relevant conduct with respect to this case.

Stipulations

This Office and Washington agree to stipulate at sentencing to thestatements set forth in the attached Schedule A, including that the appropriatesentence to be imposed is a stipulated prison term of thirty (30) years,regardless of the advisory range under the United States SentencingGuidelines. The parties agree that a sentence at the stipulated prison term ofthirty (30) years is appropriate taking into account all of the factors under 18U.S.C. S 3553(a), including the advisory Guidelines range determined by theCourt. This agreement to stipulate, however, cannot and does not bind thesentencing judge, who may make independent factual Iindings and may rejectany or all of the stipulations entered into by the parties. While the Court is notbound by the parties' stipulations, the Court is bound to sentence Washingtonto a stipulated prison term of thirty (30) years under Federal Rule of CriminalProcedure l1(c)(1)(C), if the Court accepts the plea.

Waiver of Aooeal and Post-Sente s Rishts

Washington knowingly and voluntarily waives the right to file anyappeal, any collateral attack, or any ot}er writ or motion, including but not

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Iimited to an appeal under 18 U.S.C. S 3742 or a motion under 28 U.S.C. S

2255, which challenges the conviction or sentence imposed by the Court if theplea is accepted and the sentence is in accordance with the terms of thisagreement.

This Oflice will not file any appeal, motion or writ which challengestJle conviction or sentence imposed by the Court if that sentence is inaccordance with the terms of this agreement, and includes a period ofincarceration of thirty (3O) years. Furthermore, if the Court accepts the termsof this plea agreement, both parties waive the right to file an appeal, collateralattack, writ, or motion claiming that the Court erred in doing so.

Both parties reserve the right to oppose or move to dismiss anyappeal, collateral attack, writ, or motion barred by the Preceding paragraphsand to file or to oppose any appeal, collateral attack, writ or motion not barredby the preceding paragraph.

Immisration Consequences

Washington understands that, if he is not a citizen of the UnitedStates, his guilty plea to the charged offenses will likely result in his beingsubject to immigration proceedings and removed from the United States bymaking him deportable, excludable, or inadmissible, or ending hisnaturalizalion. Washington understands that the immigration consequences ofthis plea will be imposed in a separate proceeding before the immigrationauthorities. Washington wants and agrees to plead guilty to the chargedoffenses regardless of any immigration consequences of this plea, even if thisplea will cause his removal from the United States. Washington understandsthat he is bound by his guilty plea regardless of any immigration consequencesof the plea. Accordingly, Washington waives any and aI1 challenges to hisguilty plea and to his sentence based on any immigration consequences, andagrees not to seek to withdraw his guilty plea, or to file a direct appeal or anykind of collateral attack challenging his guilty plea, conviction, or sentence,based on any immigration consequences of his guilty plea.

This agreement is limited to the United States Attorney's Office forthe District of New Jersey and cannot bind other federal, state, or localauthorities. However, this Office will bring this agreement to tJle attention ofother prosecuting offices, if requested to do so.

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Other Provisions

This agreement was reached without regard to any civil oradministrative matters that may be pending or commenced in the futureagainst Washington. This agreement does not prohibit the Unitecl States, anyagency thereof (including the Internal Revenue Service and Immigration andCustoms Enforcement) or any third party from initiating or prosecuting anycivil or administrative proceeding against Washington.

No provision of this agreement shall preclude Washington frompursuing in an appropriate forum, when permitted by larv, an appeal, collateralattack, writ, or motion claiming that Washington received constitutionallyineffective assistance of counsel.

No Other Promises

This agreement constitutes the plea agreement betweenWashington and this Office and supersedes any previous agreements betweenthem. No additional promises, agreements, or conditions have been made orwill be made unless set forth in u'riting and signed by the parties.

Very truly yours,

By:

WILLIAM E. FITZPATRICKActing United States Attorney

OSMAR J. BENVENUTOBARRY A, KAMARAssistant United States Attorneys

APPROVtrD:

THOMAS ICHERChief, Crim ir-ral Divisior-r

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AGREED AND ACCEPTED:

Date:RASHAN W SHIN N

I have discussed with my client this plea agreement and all of itsprovisions, including those addressing the charges, sentencing, stipulations,waiver, forfeiture, and immigration consequences, as well as the impact Rulet t(c)(t)(C) of the Federal Rules of Criminal Procedure has upon this agreement.My client understands this plea agreement fulty and wants to plead guiltypursuant to it.

PASQU P. GI NNETTA ESQ.

? )8- /)

o"r", 7-_ b_/)

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I have received this letter from my attorney, Pasquale F. Giannetta,Esq. I have read it. My attorney and I have discussed it and all of itsprovisions, including those addressing the charges, sentencing, stipulations,waiver, forfeiture, and immigration consequences, as well as the impact Rule1t(c)(t)(C) of the Federal Rules of Criminal Procedure has upon this agreement.I understand this letter fully. I hereby accept its terms and conditions andacknowledge that it constitutes the plea agreement between the parties. Iunderstand that no additional promises, agreements, or conditions have beenmade or will be made unless set forth in writing and signed by the parties. Iwa-nt to plead grilty pursuant to this plea agreement.

Plea Asreement With Rashan Washineton ("Washineton'l

a. On November 12,2013, Washington purposely left Victim-5 alone inside of a blue Jeep Cherokee (the "Jeep Cherokee") in order toorchestrate Victim-S's murder.

b. When Washington left Victim-S alone inside t]1e JeepCherokee he knew that another gang-member intended to shoot and killVictim-5.

c. After Washington left Victim-s alone inside the JeepCherokee, another gang-member shot Victim-S once in the head, killing him.

d. Following Victim-S's murder, Washington was promoted totle rank of 'G," or "Gangster," within the NJ set of the Grape Street Crips (the"NJ Grape Street Crips").

e. From in or about May 2013 through in or about November2016, Washington conspired with others to distribute more tI:an one kilogramof heroin and more than 28O grams of crack-cocaine.

f. During the course of the crack-cocaine conspiracy,Washington personally made numerous sales of crack-cocaine, worked inconcert with at least five other persons with respect to whom he occupied aposition of organizer, and obtained substantia.l income and resources.

g. On or about October 7 , 2OL3, Washington and othersparticipated in the attempted shooting of rival gang-members in retaliation forthe then recent-murder of a fellow-gang-member.

h. The foregoing activities were in furtherance of, andfacilitated by, the NJ Grape Street Crips, an enterprise, as defined in Title 18,United States Code, Section 196i(4).

i. As a member of the NJ Grape Street Crips, Washingtonagreed that a conspirator would commit at least two acts of racketeeringactivity in the conduct of the affairs of the enterprise.

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Schedule A

Factual Stioulations

1. This Oflice and Washington agree to stipulate to the followingfacts:

Rule 1 1(c) ( 1l (Cl

2. In accordance with the above, and pursuant to Rule t1(c)(1XC)of the Federal Rules of Criminal Procedure, the parties agree that the followingsentence is reasonable taking into account all of the factors under 18 U.S.C. S3553(a): (i) with respect to Count One, a prison sentence of thirty (3O) years,and a term of supervised release of five (5) years; (ii) with respect to CountThirteen, a prison sentence of three (3) years, and no term of supervisedrelease; (iii) with respect to Count Fourteen, a prison sentence of twenty (20)years, and a term of supervised release of three (3) years; (iv) with respect toCount Eighteen, a prison sentence of thirty (30) years, and a term of superuisedrelease of ten (1O) years; (v) with respect to Count Nineteen, a prison sentenceof thirty (30) years, and a term of supervised release of five (5) years; (vi) aspecial assessment of$50O ($100 per count), with the sentences on all countsrunning concurrent to reach other (the "Stipulated Sentence"). The partiesfurther agree that neither party will argue for a sentence above or below theStipulated Sentence. F'urthermore, should the Court reject this agreement,either party may elect to be relieved of the terms of this plea, and the partieswill be returned to the status prior to entry of the plea,

3. If t}te sentencing court sentences Washington to a term ofimprisonment within the Stipulated Sentence, botl parties waive the right tofile an appeal, collateral attack, writ, or motion claiming tJ.at the sentencingcourt erred in doing so. Otherwise, both parties reserve the right to lile,oppose, or take any position in any appeal, collateral attack, or proceedinginvolving post-sentencing motions or writs.

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