Case 3:09-cr-00119-JAJ-TJS Document 64 Filed 04/20/10 Page 1 of 11

Rt:CE/VE:O
APR 20 2010
IN THE UNITED STATES DISTRICT COURT CLERKUS
FOR THE SOUTHERN DISTRICT OF IOWA SOUTHERN D?J~RTR/CT COURT
1CTOF/OWA
UNITED STATES OF AMERICA,
)
) Criminal No.3 :09-cr-119
Plaintiff, )
)
v. )
)
KATEL YN MARIE CURTIS, ) PLEA AGREEMENT

alk/a Katalyn Maria Curtis, )

)
Defendant. )

IT IS HEREBY AGREED by and between the plaintiff, the United States of America,

and the defendant, KATEL YN MARIE CURTIS, a/k/a Katalyn Maria Curtis, (hereinafter

"Defendant"), and respective counsel, as follows:

A. CHARGES

1. Subject Offense. Defendant will plead guilty to Counts 1 and 2 of the Indictment

dated December 16,2009. Count 1 charges a violation of Title 18, United States Code, Sections

2113(a), 2113(d) and 2, that is, bank robbery with a dangerous weapon. Count 2 charges a

violation of Title 18, United States Code, Section 924(c) and 2, that is, possession of a firearm in

furtherance of violent crime.

2. Charges Being Dismissed. Contingent on the defendant abiding by all the terms

and conditions of the plea agreement, the government agrees to dismiss Count 3, as to the

defendant, at the time of sentencing.

3. No Further Prosecution. The Government agrees that the defendant will not be

charged in the Southern District of Iowa with any other federal criminal offense under Title 18,

United States Code, arising from or directly relating to this investigation, except for any
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additional crimes of violence. This paragraph and this plea agreement do not apply to any

criminal act occurring after the date of this agreement. This paragraph and this plea agreement

do not apply to any criminal act which the defendant did not fully disclose to law enforcement

during his proffer interviews.

B. CONSEOUENCESOFPLEA

4. Maximum Punishment. The subject offense in Count 1 of the Indictment carries a

range of punishment of not more than 25 years imprisonment, a maximum fine of not more than

$250,000, or both. A special assessment of $100 and a term of supervised release of not more

than 5 years must be imposed by the sentencing court. The subject offense in Count 2 of the

indictment carries a range of punishment of not less than 7 years imprisonment, nor more than

life, a fine of not more than $250,000, or both. A special assessment of $100 and a term of

supervised release of not more than 5 years. Any term of imprisonment imposed under Count 2

must be consecutive to any other term of imprisonment imposed. If the defendant violates any

condition of supervised release following imprisonment, the defendant may be returned to prison

for all or part of the term of supervised release.

5. Mandatory Detention. Pursuant to the Mandatory Detention for Offenders

Convicted of Serious Crimes Act (18 U.S.c. § 3143), the Defendant agrees that Defendant will

enter the custody of the United States Marshals Service following the completion of the entry of

Defendant's guilty plea to await the imposition of sentence.

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C. SENTENCING CONSIDERATIONS

6. Sentencing Guidelines - Factors. The sentence to be imposed is solely within the

District Court's discretion, as guided by the United States Sentencing Guidelines which apply to

this offense. The Sentencing Guidelines establish a sentencing range based upon various factors

present in the case, which include, but are not limited to the following:

a. Property taken from financial institution, with the parties stipulating as a

recommendation to the Court, based upon information currently known to the
United States, that the Defendant took the property of a financial institution and
thereby receives a 2 level enhancement pursuant to U.S.S.G. § 2B3.I(b)(I);

b. Criminal History;

c. Acceptance or Lack of Acceptance of Responsibility, with the parties stipulating

as a recommendation to the Court, based upon information currently known to the
United States that the Defendant has accepted responsibility and qualifies for a
three-level reduction pursuant to U.S.S.G. § 3El.l. Should circumstances change
prior to sentencing, the United States reserves the right to oppose such a reduction
at the time of sentencing.

7. Criminal History. The parties make no representations and have no agreement

regarding the Defendants criminal history.

8. No Promises. The United States makes no representations or promises as to the

sentence to be imposed, as this is solely within the District Court's discretion. Although the

parties may have discussed the possibilities of various factors having an impact on the sentence

and the possibility of a certain sentencing range, the parties agree that no discussion resulted in

any express of implied promise or guarantee concerning the actual sentence to be imposed.

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9. No Right to Withdraw Plea. The Defendant understands that the Defendant will

have no right to withdraw the Defendant's plea if the sentence imposed, or the application of the

United States Sentencing Guidelines is other than what the Defendant anticipated. The parties

understand the Court may defer its decision to accept the plea until there has been an opportunity

to review a presentence investigation report.

10. Evidence at Sentencing. The defendant, the defendant's attorney, and the

Government attorney may make whatever comment and evidentiary offer they deem appropriate

at the time of the guilty plea, sentencing, or any other proceeding related to this case, provided

such offer or comment does not violate any other provision of this agreement. The parties are

also free to provide all relevant information to the U. S. Probation Office for use in preparing a

presentence report.

11. Fines/Costs. Issues relating to fines and/or costs of incarceration are not dealt

with in this agreement, and the parties are free to espouse their respective positions at sentencing.

12. Special Assessment. The defendant agrees to pay to the United States a special

assessment of$100 per count as required by Title 18, United States Code, § 3013. The defendant

agrees to make such payment (by cashiers check or money order payable to "Clerk, U. S. District

Court") to the U.S. Clerk of Court within two weeks (14 days) of the execution of this agreement.

This is a material condition of this agreement.

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D. LIMITED WAIVER OF APPEAL AND § 2255

13. Limited Waiver of Appeal Rights. The Defendant hereby knowingly and

expressly waives any and all rights to appeal Defendant's conviction in this case, including a

waiver of all motions, defenses and objections which Defendant could assert to the charges or to

the Court's entry of Judgment against Defendant, and any and all issues inhering therein, except

for the following:

a. The right to timely challenge Defendant's conviction and the sentence of

the Court should the Eighth Circuit Court of Appeals or the United States
Supreme Court later find that the substantive basis of Defendant's plea of
guilty and resulting conviction fails to state a crime upon which Defendant
could be convicted.

b. Any issue solely involving a matter of law brought to the Court's attention
at the time of sentencing, in which the Court agrees further review is
needed.

14. Limited Waiver of Post-Conviction Review. The Defendant further knowingly

and expressly waives any and all rights to contest her conviction ofthe subject charges in any

post-conviction proceedings, including any proceedings under Title 28 U.S.C. § 2255, subject to

the exceptions set forth in the preceding paragraph and the following:

a. The right to seek post-conviction relief based on grounds of ineffective

assistance of counsel and/or prosecutorial misconduct, if the grounds for
such a claim are not known to the Defendant, or not reasonably knowable
by the Defendant, at the time the Defendant enters a plea pursuant to this
plea agreement.

15. Effect of Filing An Appeal or Post Conviction Motion. It is a material breach of

the plea agreement to file a petition for post-conviction review of the sentence of conviction or to

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file any notice of appeal or other collateral attack to contest the conviction or sentence in this

case for any reason other than for the exceptions set forth in the preceding two numbered

paragraphs. If the Defendant violates this paragraph, the government is relieved of any

obligation to file any motion to reduce Defendant's sentence by reason of any substantial

assistance to the government, even if the government, in its sole discretion, does not move to

revoke this plea agreement, however, the defendant is not entitled to withdraw any plea of guilty.

16. Breach - Waiver and Use ofInformation. If the defendant breaches the terms and

conditions of this agreement, the government is free to use against the defendant any statements,

including Attachment A-Stipulation of Facts of this Plea Agreement, and any statements given by

the defendant in debriefings, interviews or during any testimony. Such statements or testimony

may be used against the defendant in any criminal prosecution, including but not limited to

prosecutions of the instant offense, perjury, or obstruction ofjustice. The defendant waives any

applicable rights under Rule 410 of the Federal Rules of Evidence. Therefore, when the

defendant executes the plea agreement and the Stipulation of Facts, the defendant understands

that admissions to the court at the time of plea or at any other time, and statements to the

Government herein, and thereafter, are admissible against defendant. Therefore, should the

defendant fail to plead guilty pursuant to this plea agreement or move to withdraw the plea or to

set aside the conviction, defendant's admissions may be used against defendant in the

Government's case-in-chief or otherwise, during the prosecution of this case or any future

prosecution.

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E. GENERAL MATTERS

17. Voluntariness of Plea. The Defendant acknowledges that the Defendant is

entering into this plea agreement and is pleading guilty because the Defendant is guilty. The

Defendant further acknowledges that the Defendant is entering into this agreement without

reliance upon any discussions between the government and the Defendant (other than those

described in this plea agreement), without promise of benefit of any kind (other than any

concessions contained in this plea agreement), and without threats, force, intimidation, or

coercion of any kind. The Defendant further acknowledges that he understands the nature of the

offenses to which the Defendant is pleading guilty, including the penalties provided by law.

18. Limited Scope of Agreement. This agreement does not limit, in any way, the right

or ability of the government to investigate or prosecute the defendant for crimes occurring

outside the scope of this agreement. Additionally, this agreement does not preclude the

government from pursuing any civil or administrative matters against the defendant, including,

but not limited to, civil tax matters and civil forfeiture which arise from, or are related to, the

facts upon which this investigation is based. This plea agreement binds only the parties hereto.

It does not bind any prosecuting authority other than the United States Attorney for the Southern

District of Iowa.

19. Entire Agreement. This plea agreement, and any attachments and incorporated

agreements, constitute the entire agreement between the parties. No other promises of any kind,

express or implied, have been made to the defendant by the United States or by its agents.

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20. Factual Stipulations. Attached hereto as Attachment "A", and incorporated by

reference herein, are factual stipulations entered into between the parties, including the factual

stipulations of the defendant's offense conduct relating to each subject offense.

21. Venue. Defendant agrees that the offense conduct relating to the subject offenses

were committed, in whole or in part, in the Southern District of Iowa, and that the U. S. District

Court, Southern District of Iowa, has proper venue of this agreement.

22. Public Interest. The Plaintiff and Defendant state this plea agreement is in the

public interest and it takes into account the benefit to the public of a prompt and certain

disposition of the case and furnishes adequate protection to the public interest and is in keeping

with the gravity of the offense and promotes respect for the law.

23. ExecutionlEffective Date. This Plea Agreement does not become valid and

binding until executed by each of the individuals (or their designated representatives) shown on
~ 2-0 C)1JtJ
the following page. If not executed prior to .MarclrZ6~-261 0 this agreement shall automatically

expire and all obligations upon either party by virtue of the terms of this agreement shall be

rendered null and void.

The undersigned hereby accept and agree to the

terms and conditions set forth in this Plea
Agreement.

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!ill) ) I b
Date

----1lJJlJ0
Date

Nicholas A. Klinefeldt
United States Attorney
U,i
2:; 'i By: ( "

I
/ /
Date Joel W. Bal"'i\')v'Js
Assistant
/
nited States Attorney
Uniteg$tates Courthouse
Suite 310
131 East 4 th Street
Davenport, IA 52801
Tel: (563) 449-5432
Fax: (563) 449-5433
Email: Joel. Barrows@usdoj.gov

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Attachment "A"

STIPULATION OF FACTS

The parties agree as follows:

1. That on or about October 5,2009, in and about Washington County in the

Southern District of Iowa, the defendants, VERKISHA LATRICE BURNS, KATEL YN MARIE
CURTIS, a/k/a Katalyn Maria Curtis, and RAYLON DESHON JONES, by force and violence,
and by intimidation, did take and attempt to take from the person and presence of another,
approximately $3,760 in United States currency belonging to and in the care, custody, control
and possession of West Chester Savings Bank, 1060 West Monroe Street, Washington, Iowa, the
deposits of which were then insured by the Federal Deposit Insurance Corporation.

2. In committing the offense described in paragraph 1 above, the defendant,

KATEL YN MARIE CURTIS, a/k/a Katalyn Maria Curtis, did assault and put in jeopardy the life
of another person by the use of a dangerous weapon while the defendants were taking and
attempting to take the $3,760 in United States currency belonging to and in the care, custody,
control and possession of West Chester Savings Bank, and did aid and abet the same, when co­
defendant, VERKISHA LATRICE BURNS, entered the bank and brandished the weapon,
pointing it at tellers and other bank employees while ordering them to give her money. The
defendant was aware that BURNS had a weapon and intended to use it.

3. That on or about October 5, 2009, in and about Washington County in the

Southern District of Iowa, and elsewhere, the defendant, KATEL YN MARIE CURTIS, a/k/a
Katalyn Maria Curtis, did knowingly possess a firearm in furtherance of, and carry a firearm
during and in relation to, a crime of violence, that is, a violation of Title 18, United States Code,
Sections 2113(a) and 2113(d), as set forth in Count 1 of the Indictment and described in

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Case 3:09-cr-00119-JAJ-TJS Document 64 Filed 04/20/10 Page 11 of 11

paragraphs 1 and 2 above, which is a felony prosecutable in a court ofthe United States, and did
aid and abet the brandishing of said firearm in the course of that crime.

4. During the robbery, the defendant drove herself and her co-defendants to the bank
with full knowledge that the robbery would occur and that Bums had a gun that she planned to
use in the robbery. The defendant took part in the planning ofthe robbery, including casing the
bank and counting the number of patrons inside prior to Bums entry. The defendant also drove
the get-away vehicle.

5. Defendant agrees that the acts committed in Counts 1 and 2 of the Indictment
occurred in the Southern District of Iowa.

6. Defendant hereby certifies that the facts set forth above are true and accurate to
the best of her knowledge.

jJ)1 ,JrQ 'Yrdvld~_

Date ~lynM~C'is
fendant /

i /Zo //
/
/7J
t::/),/ul/ /U1/J47Ilr7
Joe . Barrows
sistant United States Attorney

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