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Raylon Jones Plea
Raylon Jones Plea
RECEIVED
APR 202010
IN THE UNITED STATES DISTRICT COURT CLERK U.S. DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF IOWA SOUTHERN DISTRICT OF IOWA
)
Defendant. )
)
IT IS HEREBY AGREED by and between the plaintiff, the United States of America,
and the defendant, RAYLON DESHON JONES, (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
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
3. No Further Prosecution. The Government agrees that the defendant will not be
charged in the Southern District ofIowa with any other federal criminal offense under Title 18,
United States Code, arising from or directly relating to this investigation, except for any
Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 2 of 11
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
B. CONSEOUENCESOFPLEA
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
Convicted of Serious Crimes Act (18 U.S.C. § 3143), the Defendant agrees that Defendant will
remain in the custody of the United States Marshals Service following the completion of the
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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 3 of 11
C. SENTENCING CONSIDERATIONS
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:
b. Criminal History;
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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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 4 of 11
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
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.
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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 5 of 11
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
b. Any issue solely involving a matter oflaw brought to the Court's attention
at the time of sentencing, in which the Court agrees further review is
needed.
and expressly waives any and all rights to contest his conviction of the 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 precedine paraeraph and the followine:
the plea agreement to file a petition for post-conviction review of the sentence of conviction or to
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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 6 of 11
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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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 7 of 11
E. GENERAL MATTERS
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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_________________4
Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 8 of 11
reference herein, are factual stipulations entered into between the parties, including the factual
21. Venue. Defendant agrees that the offense conduct relating to the subject offenses
were committed, in whole or in part, in the Southern District ofIowa, and that the U. S. District
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
the following page. If not executed prior to April 9, 2010 this agreement shall automatically
expire and all obligations upon either party by virtue ofthe terms ofthis agreement shall be
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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 9 of 11
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Raylon eshon ones
Defendant ,
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Assistant Federal Defender
Attorney for Defendant
Nicholas A. Klinefeldt
United States Attorney
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Date' , Joel W. ows
Assist t United States Attorney
Un~a States Courthouse
Suite 310
131 East 4th Street
Davenport, IA 52801
Tel: (563) 449-5432
Fax: (563) 449-5433
Email: Joel.Barrows@usdoj.gov
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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 10 of 11
Attachment "A"
STIPULATION OF FACTS
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'AJ., J l7 !ro
2. In committing the offense described in paragraph 1 abo,vei..!he defendant, 'b'.d
b'i pa.,.""'lp4HflIj In t'hL CDnspiYIfl,'I A"d ~ Pi-) PIQ#1 1N t'TJ1tII ..... ,
RA YLON DESHON JONES~did assault and put in jeopardy the life of another person by the use" i
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of a dangerous weapon while the defendants were taking and attempting to take the $3,760 in ~ 1.-\
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 il).Jh~ '17 'ML.. '1l.H <.
wifh f-RI. IClr-'JOn ' ,,.,,
Southern District ofIowa, and elsewhere, the defendant, RA YLON DESHON JONES~did consPiraCy
knowingly possess a firearm in furtherance of, and carry a firearm during and in relation to, a !tv ~/lo!(O
crime of violence, that is, a violation of Title 18, United States Code, Sections 21 13(a) and !jJD Lf(zo/IV
21 13(d), as set forth in Count 1 of the Indictment and described in paragraphs 1 and 2 above,
I~ d t{-9H'
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Case 3:09-cr-00119-JAJ-TJS Document 70 Filed 04/20/10 Page 11 of 11
which is a felony prosecutable in a court of the United States, and did aid and abet the
brandishing of said firearm in the course of that crime.
4. The defendant took part in the planning of the robbery, including selecting which l, 4/1JJ!IO
specific bank to rob, the West Chester Savings Bank, 1060 West Monroe Street, Washington, (f() "I o[ (V
11Ie de~ C'r~t L[[ Z
Iowa. On the day of the robbery,~ passed on an earlier bank or credit union because it appeared "I
too busy. Tbe defendant bad selected Washington, Iowa, as a good place to rob a bank because Oft1') "'~
what he perceived to be a lack of law enforcement activity. He told co-defendant Curtis where to
park and told her to go into the bank first to count the number of patrons inside. Further, being
familiar with the Washington, Iowa area, he advised his co-defendants on what he thought was
the best escape route to avoid detection. His was in the escape vehicle when it was stopped.
5. Defendant agrees that the acts committed in Counts I 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.
Date
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Raylon D~{)Ji.roileS
Defendant
Date
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r, Jo W. Barrows
~sistant United States Attorney
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