From: ' (USAFLS)" To: "'Jay Lefkowite Subject: RE: Draft Agreements? Date: Tue, 18 Sep 2007 17:22:22 +0000 Importance: Normal Attachments: 070918_12.22_pm_Plea_Agreement_1512_counts.wpd Hi Jay — I think that you are referring to USSG 1B1.9, which doesn't apply to Class A misdemeanors. If you have some other basis, please let me know. Could you share the attached draft with your colleagues. It is in keeping with what communicated to me was the operative "deal." The U.S. Attorney hasn't had a chance to review all of the language, but agrees with it in principle. The only thing we haven't been able to discuss is the highlighted language regarding the state sentence. I believe that takes care of your client's concern about having to serve "duplicate" time in the state, and our concern about getting the state guilty plea wrapped up at the beginning rather than years down the road. and I will both be available at 2:00. You can reach us at . One of my suggestions is going to be (again) that we all sit down together in the same room, including Barry and/or Lanna, so we can hash out the still existing issues and get a signed document. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone From: Jay Lefkowitz [manto Sent: Tuesday, September 18, 2007 1:04 PM To: . (USAFLS) Subject: Re: Draft Agreements? Can you check? I believe that under 1512(d), which is a misdemeanor, one doesn't cross reference underlying offenses. Original Message From: ' XUSAFLS1)" Sent: 09/18/2007 12:43 PM AST To: Jay Lefkowitz Subject: RE: Draft Agreements? Hi Jay — It looks like I will be here all afternoon, but earlier is better than later. There are a number of issues with your version, but one that you can look at before our call is the calculation of the guidelines on the 1512(d) counts. The cross-reference to 2X3.1 applies, which then takes us to 2G1.3. Giving Mr. Epstein the benefit of the doubt (that they would tre