-2/2-

6- It is understood and agreed by all parties to this agreement that:

a- In sentencing the defendant for the count to which he is pleading guilty, the court may consider other "relevant conduct" of the defendant in calculating the defendants sentence, as specified under the United States Sentencing Commission's Guideline Sentencing Manual.

b. If the court rejects the recommendation of the United States referred to in paragraph 5 (five) above» and finds that the defendant is not entitled to a reduction in his offense level for acceptance of responsibility, the defendant does not have an automatic right to withdraw his plea. Fed. R. Chm. P. ll(e)(2).

7. It is understood and agreed by all of the parties to this agreement that should the guilty plea tendered by the defendant be withdrawn prior to sentencing, the United States would in no way be bound by this agreement and would be entitled to prosecute the defendant for all of the offenses charged in the indictment and for any other offenses as it deems appropriate.

8. This document constitutes the entire agreement between the United States Attorney, the defendant, and his counsel. This agreement cannot be modified except in writing signed by all of the parties.

	Respectfully submitted,
Angela Smith Defendant	JACKSON B. HALL United States Attorney Middle District of Oceana
Jackson Lee Defense Counsel	By: Rhonda Johnson Rhonda Johnson Assistant United States Attorney
June 13, 2003 Date	June 13, 2003 Date