1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 1 of 28

Pg ID 48

3Z

LINITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
LINITED STATES OF

AMERICA,

Criminal No. l6-cr-20389

Judge Thomas L. Ludington
Magistrate Judge Patricia T. Morris

Plaintiff,

Offense: 18 U.S.C. gg 2252A(a)(5) & (bX2)

Possession of Child Pomography Involving
a Prepubescent Minor or a Minor Who Had
Not Attained 12 Years of Age

MARK THOMAS RANZENBERGER,

Statu to ry Penalties
Imprisonment - up to 20 years
Supervised Release -5 years to life
Fine - up to $250,000

Defendant.

RULE
Pursuant to Rule

1l ofthe

11

PLEA AGREEMENT

Federal Rules

ofcriminal procedure, defendant and

the govemment agree as follows:

1.

GUILTY PLEA

A.

Count of Convicti on

Defendant, MARK THOMAS RANZENBERGER,

will

enter a plea of guilty to

count one of the indictment, which charges him with possession of child pornography

involving

prepubescent minor or a minor who had not attained 72 years of age, in

1

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 2 of 28

Pg ID 49

violation of Title 18, United States Code, Sections 2252A(a)(5) and (b)(2).

B.

Elements of Offense

The elements of possession of child pornography involving a prepubescent minor

or a minor who had not attained 12 years of age are:

(l)

The defendant knowingly possessed a visual depiction

ofa minor

engaged in

sexually explicit conduct as defined by l8 U.S.C. $ 2256;

(2) The defendant knew that the material was or contained child pomography;
(3) The image of child pornography involved a prepubescent minor or a minor
who had not attained 12 years ofage; and
(4) The child pomography was shipped or transported using any means or facility

of interstate or foreign commerce or in or affecting interstate or foreign commerce by

any means, including by computer.

C.

Factual Basis for Guiltv Plea

The parties agree that the following facts are true, and are a sufficient basis for
defendant's guilty plea.

On March l0 and ll, 2016, defendant MARK

THOMAS
RANZENBERGER knowingly possessed child pornography, as defined in
18 U.S.C. I 2256, involving a prepubescent minor or a minor who had not
attained 12 years of age, on his computers and disks in Mount Pleasant,
Michigan. RANZENBERGER had obtained the child pomography images
by downloading them from the Intemet to his computers.
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1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 3 of 28

Pg ID 50

In March 2076, the Central Michigan University (CMU) Faculty

Personnel Services (FPS) alerted law enforcement that they had been
conducting an administrative investigation of RANZENBERGER, who
was a CMU faculty member, conceming the possession of suspected child
pornography on a university-owned computer. On March 10, 2016, law
enforcement officers seized several items from RANZENBERGER's
office and searched them. The next day, on March 11, 2016, l,aw
enforcement seized and searched RANZENBERGER's personal computer
as well.
On some of the items seized from RANZENBERGER, specifically,
on one Apple iMac computer, Serial Number QP044120DNR, one Apple
Macbook Air, Serial Number C02ND1BTG086, five CD-R disks and one
zip disk, law enforcement found over 1,000 images depicting minor,
including prepubescent, girls posing naked in sexually suggestive poses or
engaged in sexually explicit acts. The images included penetration of an
infant by an adult, which is a sadistic depiction, such that an outsider
would perceive the image as depicting the infliction of pain or humiliation
on the minor. Law enforcement also found: a text document describing,
year by year, how to groom a child from birth until age 11 to participate in
sexual acts, which also contained provocative images of clothed females of
the approximate age of the corresponding age number; several power point
presentations created by RANZENBERGER containing lascivious
depictions of minor, including prepubescent, girls posing naked or engaged
in sexual acts; and photographs of clothed minor girls that appeared to
have been taken by RANZENBERGER at various public locations without
the children's knowledge, and which were saved in folders that contained
exclusively pomographic content. The National Center for Missing and
Exploited Children determined that 86 of the images found were of an
identified child.
RANZENBERGER admitted he downloaded the child pornography
from the Internet on his computer years before and created the power point
presentations for his personal sexual gratification. He admitted to saving
the images on disks or on his Dropbox, which is a cloud-based storage
solution. RANZENBERGER admitted he created the grooming document
on his computer, but claimed it was "purely fantasy." He knew the material
he possessed was child pomography, and that some of it pertained to
3

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 4 of 28

Pg ID 51

prepubescent minors or minors who had not attained 12 years ofage.

Between approximately 1995 and 2002, RANZENBERGER

sexually abused a minor under the age of 12 years old approximately three
times per week. RANZENBERGER had sex between the minor's legs or
masturbated and ejaculated on the minor.

2.

SENTENCINGGUIDELINES

A.

Standard ofProof

The courl

B.

will find sentencing

factors by a preponderance of the evidence.

Stipulated Guideline Ranse

There are no sentelLcing guideline disputes.

Except as provided below,

defendant's guideline range is 135 to 168 months, as stated in the attached

worksheets.

Ifthe court finds: (a) that defendant's criminal history category is

higher than reflected on the attached worksheets, or (b) that the offense level
should be higher because, after pleading guilty, defendant made any false
statement to or withheld information from his probation officer; committed a new
offense; otherwise demonstrated a lack of acceptance of responsibility for his

offense; or obstructedjustice, and ifany such finding results in a higher guideline

range, the higher guideline range becomes the agreed range ofthe parties.

However, ifthe court finds that defendant is a repeat and dangerous sex
offender as defined under the sentencing guidelines or other federal law, and that
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finding is not already reflected in the attached worksheets, this paragraph does not
authorize a corresponding increase in the agreed range of the parties.
Based on the present circumstances, the U.S. Attomey recommends that
defendant be granted a reduction

oftwo levels for

acceptance ofresponsibility.

The U.S. Attomey may recommend against giving defendant credit for acceptance

of responsibility if , after the guilty plea has been entered, the U.S. Attomey's office
learns of information inconsistent with the adjustment.

Additionally, the U.S. Attorney agrees that defendant has assisted the
authorities, within the meaning of USSG S3E1.1(b), in the prosecution

of

defendant's own misconduct by timely notifying authorities of the intention to plead

guilty, thereby permitting the govemment to avoid preparing for trial and permitting
the government and the

cou

to allocate their resources

efficiently.

The U.S.

Attorney therefore moves that defendant be granted a third level reduction for
acceptance of responsibility.

Neither party may take a position conceming the applicable guidelines that is

different from that in the attached worksheets, except as necessary to the court's
determination regarding defendant's criminal history, acceptance of responsibility,
and obstruction

ofjustice. A breach of this provision will allow the non-breaching

5

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party to withdraw from this plea agreement.

3.

SENTENCE
The court

will

impose a sentence pursuant to 18 U.S.C. 53553, and in doing

so must consider the sentencing guideline range.

A.

Imprisonment

Pursuant to Federal Rule of Criminal Procedure l1(c)(1XC), the sentence

of

imprisonment in this case may not exceed the top, and may not fall below the
bottom, ofthe sentencing guideline range as determined by paragraph 28 ofthis
agreement.

B.

Supervised Release

A term of supervised release follows the term of imprisonment. The court

must impose a term of supervised release of no less than 5 years and up to life. The
agreement conceming imprisonment described above does not apply to any term

imprisonment that results from any later revocation of supervised release.

C.S

pecial Assessment

Defendant will pay a special assessment of $100.

D.

Fine

The court may impose a fine up to $250,000.

6

of

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E.

Pg ID 54

Restitution

The court must order restitution to every identifiable victim ofdefendant's

offense. There is no agreement on restitution. If the court orders restitution, the

court

will

determine who the victims are and the amounts of restitution they are

owed.

4.

OTHER

A.

Sex Offen der Resistration

Defendant acknowledges that defendant has been advised, and understands,

that under the Sex Offender Registration and Notification Act, a federal law,
defendant must register and maintain current registration in each of the following

jurisdictions: where defendant resides, where defendant is employed, and where

defendant is a

student. Defendant acknowledges that defendant must provide his

name, residence address, and the names and addresses of any place where
defendant is or

will

be an employee or student, among other information.

Defendant further acknowledges that defendant will be required to keep the

registration current, including by informing at least one jurisdiction in which
defendant resides, works, or is a student not later than three business days after any
change ofname, residence, employment or student
7

status. Defendant has been

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 8 of 28

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advised and understands that failure to comply with these obligations subjects
defendant to prosecution for failure to register under federal law,

l8 U.S.C. S 2250,

which is punishable by a fine or imprisonment, or both.

B.

Forfeiture

As part of this agreement, pursuant to 18 U.S.C. 52253, defendant shal1

forfeit, and agrees to forfeit without contest, any visual depiction described in
18 U.S.C. SS 2251, 2251A, or

2252,2252A,22528 or 2260, or any book, magazine,

periodical, film, videotape, or other matter which contains any such visual depiction,

which was produced, transported, mailed, shipped, or received in violation of these

subsections; any property, real or personal, constituting or traceable to gross profits
or other proceeds obtained from his offense; and any property, real or personal, used

or intended to be used to commit or to promote the commission of his offense or any

property traceable to such property, including but not limited to the following:

(1) on one Apple iMac computer, Serial Number QP044I20DNR;

(2) one Apple Macbook Air, Serial Number C02ND1BTG086;
(3) five CD-R disks; and
(4) one zip disk.
(hereinalter referred to as the "Subject Property"). Defendant hereby withdraws
any and all claims, Petitions for Remission, and/or Petitions for Mitigation, that
defendant filed, or which were filed on defendant's behalf,
8

if any, with any federal

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 9 of 28

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agency relative to any Subject Property. Defendant agrees not to contest, and
agrees not to assist anyone else in contesting, any non-judicial and/orjudicial

forfeiture of the Subject Property.

Defendant agrees that a sufficient nexus exits between defendant's offense

of

conviction and the Subject Property and that the Subject Property is forfeitable to the
United States pursuant to 1 8 U.S.C. g 2253.
Defendant agrees to the entry ofone or more orders offorfeiture ofhis
interests in the Subject Property, including the Court's prompt entry of a Preliminary

Order of Forfeiture following defendant's guilty plea, upon application by the

United States, incorporating the above referenced forfeiture ofthe Subject Property
as mandated by Fed. R.

Crim. P. 32.2. Defendant agrees that the Preliminary Order

of Forfeiture shall become final as to defendant at the time it is entered by the court.
Defendant further agrees to hold the United States, its agents and employees
harmless from any claims whatsoever in connection with the seizure and forfeiture

of

property covered by this Plea Agreement.

Defendant agrees that he

will

cooperate with the United States by taking

whatever steps are necessary to deliver clear title to the Subject Property to the

United States and will execute such legal documents as may be required to transfer
9

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 10 of 28

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title to the United States and by taking whatever steps are necessary to ensure that the
Subject Property is not sold, disbursed, hidden, wasted or otherwise made

unavailable for forfeiture. Ifany other person or entity has or claims any interest in
such property, defendant

will

assist in obtaining a release ofinterest from any such

other person or entity.

In entering into this agreement, defendant expressly waives his right to have a

jury determine the forfeitability ofhis interest in the Subject Property

as provided

by

Rule 32.2(b)(4) of the Federal Rules of Criminal Procedure.

Defendant knowingly, voluntarily, and intelligently waives any challenge to
the forfeiture based upon the Due Process Clause of the Fifth Amendment, or the
Excessive Fines Clause of the Eighth Amendment, to the United States Constitution.

Defendant acknowledges that he understands that the forfeiture ofthe Subject

Property may be part of the sentence that will be imposed in this case, and waives any

failure by the Court to advise him of this, pursuant to Fed. R. Crim. P. 11(b)(1)(J) or
otherwise, at the change-of-plea hearing.
Defendant waives the requirements of Federal Rule of Criminal Procedure
32.2 and 43(a) regarding notice of the forfeiture in the charging instrument,
pronouncement of forfeiture at sentencing, and incorporation of forfeiture in the
t0

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 11 of 28

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judgment.

5.

OTHER CTIARGES

If

the court accepts this agreement, the government

will not bring additional

charges against defendant based on any of the conduct reflected in the attached

worksheets or factual basis for the plea.

6.

EACH PARTY'S RIGHT TO WITHDRAW FROM THIS

AGREEMENT
The govemment may withdraw from this agreement if the court finds the

correct guideline range to be less than that to which the parties have stipulated.
Defendant may withdraw from this agreement, and may withdraw his guilty
plea,

if the court decides to impose

a sentence higher than the maximum allowed by

this agreement. This is the only reason for which defendant may withdraw from this
agreement.

If defendant decides not to withdraw his guilty plea pursuant to this

provision, the sentence that the court imposes may be greater than that allowed by
this agreement.

7.

APPEAL WAIVER
The defendant waives any right he may have to appeal his conviction on any

grounds.

If the defendant's

sentence of imprisonment does not exceed 168 months,

the defendant also waives any right he may have to appeal his sentence on any

ll

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 12 of 28

grounds. If the defendant's sentence of imprisonment is at least

Pg ID 59

135 months, the

government waives any right it may have to appeal the defendant's sentence.

Nothing in this waiver bars a claim of ineffective assistance of counsel on

appeal or by Collateral Relief under 28 U.S.C. 5 2255.

8.

CONSEOUENCES OFWITHDRAWAL OF GUILTY PLEAOR

VACATION OF CON\'TCTION

If

defendant is allowed to withdraw his guilty plea, or

if any conviction

entered pursuant to this agreement is vacated or set aside for any reason, any
charges dismissed pursuant to this agreement and additional charges which relate

directly or indirectly to the conduct underlying the guilty plea or to any conduct
reflected in the attached worksheets, may be filed against defendant within six
months after the order vacating defendant's conviction or allowing him to withdraw
his guilty plea becomes final. Defendant waives his right to challenge the additional
charges on the ground that they were not filed in a timely manner, including any

claim that they were filed after the limitations period expired.

9.

PARTIES TO PLEAAGREEMENT
Unless otherwise indicated, this agreement does not bind any government

agency except the U. S. Attorney's Office for the Eastem District of Michigan.

12

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 13 of 28

10.

Pg ID 60

SCOPEOFPLEAAGREEMENT
This agreement, which includes all documents that it explicitly incorporates, is

the complete agreement between the parties. Except as provided in the next
paragraph, this agreement supersedes all other promises and agreements made at any

time between the parties conceming the subject matter of this plea agreement before
the guilty plea is entered in court. Thus, no oral or written promises made by the
government to defendant or to the attomey for the defendant before defendant pleads

guilty are binding unless they have been explicitly incorporated into this agreement.
However, unless expressly stated herein, this agreement does not supersede or
abrogate the terms of any cooperation agreement between the parties, and each party
retains whatever obligations and protections that exist under such cooperation
agreement. Similarly, unless expressly stated herein, this agreement does not
supersede or abrogate the terms of any proffer letter (often referred to as a "Kastigar

letter"), pursuant to which defendant agreed to provide information to the

govemment to assist the government in determining how to resolve the matter, but

which also provided defendant certain protections in the form of agreed upon
restrictions on the govemment's ability to use the information provided. Unless
expressly stated herein, the terms and conditions ofany such proffer letter remain
l3

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operative and binding on the parties according to the terms ofthat proffer letter.
This agreement also does not prevent any civil or administrative actions
against defendant, or any forfeiture claim against any property, by the United States

or any other party.

11.

ACKNOWLEDGMENT
Defendant understands that a felony conviction makes it illegal under most

circumstances for a person to possess or receive a firearm or ammunition.

12.

ACCEPTANCE OF AGREEMENT BY DEFENDANT

This plea offer expires unless it has been received, fully signed, in the Office

of the United States Attorney by 5:00 P.M. on September 9,2076. The government
reseryes the right to modify or revoke this offer at any time before defendant pleads

guilty.

ry

FOT( CRAIG F.

Barbara L. McQuade
United States Attomey

ANCA

Ass

Assistant U.S. Attomey

Chief, Branch Offices

U.S.

ttomey

Date:

By signing below, defendant acknowledges having read (or been read) this
entire document, understanding it, and agreeing to its terms. Defendant also
14

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Pg ID 62

acknowledges being satisfied with defense attorney's advice and representation.

Defendant acknowledges having had a fulI and complete opportunity to confer with
counsel, and that all of defendant's questions have been answered by counsel.

a,/4,

^ a @O

ffi-ffiflRjF

Attomey for Defendant

Date: 1.zr.

MARKTHOMA
Defendant

tr,

15

ER

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 16 of 28

Defendant;
Docket No.

MARKT. RANZENBERGER

Count:
Statute(s):

l6-cR-20389

Pg ID 63

18

usc

$$ 22s24(a)(s)

& (bX2)

WORKSHEET A (Offense Levels)

Complete one Worksheet A for each count of conviction (taking into account relevant conduct
and treating each stipulated offense as a separate count'of conviction) before applying the
multiple-count rules in U.S.S.G. ch. 3, pt. D. However, in any case involving muitiple counts
ofconviction, if the counts ofconviction are all "closeiy related" to each other within the meaning
of U.S.S.G. $ 3D1.2(d), complete only a single Worksheet A.

1.

BasB Ornnrqsn LEVEL AND Spncrrrc OrrnNsB Cnc.RACTERrsrICs (U.S.S.G. ch. 2)

Description

Guidelinc Scetion

LeveIs

2c2.2(a)(1)

Possession of child pornography

2G2.2(b) (2)

Material involved

2G2.2(b)(4)

Sadistic material

+4

2c2.2(b)(6)

Use of computer

+2

2c2.2(b)(1)(p)

600 or more images

+5

2G1.2(b) (s)

Pattem of activity involving the sexual abuse of a minor

+5

2.

prepubescent minor

18

-La

Al,rusrr,mNrs (U.S.S.G. ch. 3, pts. A, B, C)

Guideline Section

Descriptiotr

A-l

Levels

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 17 of 28

Defendant:
Docket No.:

3.

MARK T. RANZENBERGER

Count:
Statute(s):

16-CR-20389

Pg ID 64

18

usc

$$ 22s2A(a)(s)

& (b)Q)

ADJUSTED OmTNSELBVEL

Enter the sum of the offense levels entered in Items I and2. If this Worksheet A does
not cover every count of conviction (taking into account relevant conduct and treating
each stipulated offense as a separate count of conviction), complete one or more
additional Worksheets A and a single Worksheet B.
{.{c**{.*,8*

If this is the only

If

Worltsheet A, checlc this box and skip Worksheet B.

the defendant has no criminal history, checlc this box and skip Worksheet C.

A-2

36

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 18 of 28

Defendant:
Docket No.:

MARKT. RANZENBERGER
16-CR-20389

Count:
Statute(s):

Pg ID 65

18

usc

$$ 22s2A(a)(s)

& (bX2)

WORKSHEET B 0Vlultiole Counts)

Instructions (U.S.S.G. ch. 3, pt. D):
a

Crroup the counts of conviction into distinct Groups of Ciosely Related Counts. "All
counts involving substantially the same harm shall be grouped together into a single
Group." (,See U.S.S.G. $ 3D1.2.)

Determine the offense level applicable to each Group. (See U.S.S.G. $ 3D1.3.)

Determine the combined offense level by assigning "units" to each Group as follows (see
u.s.s.G. $ 3D1.4):
assign 1 unit to the Group with the highest offense level,
assign 1 unit to each additional Group that is equally serious as, or 1 to 4 levels
less serious than, the Group with the highest offense level,
assigr. lz unit to each Group that is 5 to 8 levels less serious than the Group with the
highest offense level,
assign no units to each Group that is 9 or more levels less serious than the Group
with the highest offense level.

1.
2.

GRoUP ONr: Coum(s)

ADn]STED OFFENSE LEVEL

unlt

GRorrP Two: Corr.ir(s)

ADrusrED OFn:NsBLBvrl

unit

3. Gnour THRro: Couxr(s)

unit

ADrusrED OprBNssLsvrL

4. GnourFoun: CouNr(s)
Aprusrrt OrruNsBLsvnL

unit

5. TorAr UI.ITS
units

B-1

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 19 of 28

Defendant:
Docket No.:

6.

MARKT. RANZENBERGER
16-CR-20389

IucnrasB

Cou4t:
Statute(s):

18

usc

$$ 22s2A(a)(s)

rN OTTFENSE LEvEL

unit -------> no increase 2112-3 units -------> add 3 levels

1 112 rruts -------> add 1 level 3 1/2 - 5 units --------> add 4 levels
add 5 levels
2 units -------) add 2 levels > 5 levels
1

Anrusrsn

oTFENSE LEVEL oF GROUP

WITH THI' IITCUBST OruDNSE LEYEL

8.

CoursrNlrr AOJUSTED

OFF'ENSE

LEVEL

Enter the sum of the offense levels entered in Items 6 and7.

B-2

Pg ID 66

&(b)(2)

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 20 of 28

Defendant:
Docket No.:

MARKT. RANZENBERGER

Count:
Statute(s):

l6-cR-20389

Pg ID 67

i8 usc

$$ 22s24(a)(s)

& (b)(2)

WORKSHEET C (Criminal Hisfor.v)

Date of defendant's commencement of the instant offense (taking into account relevant
conduct and stipulated offenses):

1.

PRIORSENIENCBS

Prior Sentence of ImpJrisonment Exceedinq 13 Months

3 POINTS

fU.S.S.G. $$ 4A1.1(a)):
Enter 3 points for each prior adult sentence

of imprisonment exceeding
one year and one month that either (1) was imposed within 15 years
of the defendant's commencement of the instant offenses (taking into account
relevant conduct and stipulated offenses) or (2) resulted in the defendant's
confinement during any part of that 15-year period. (See U.S.S.G. $$
4 A1.r(a),aA1.2(d)(1), (eX1).)
Prior Sentence of lmprisonment of at Least 60 Davs

ru.s.s.G.

E6

2 POINTS

4A1.1ft)):

Enter 2 points for each prior sentence of imprisonment ofat least 60 days not
counted under U.S.S.G. $ 4A1.1(a) that either (1) resulted from an offense
committed after the defendant tumed 18 and was imposed within 10 years of
the defendant's commencement of the instant offense (taking into account

relevant conduct and stipulated offenses) (see U.S.S.G. $$ 4A1.1(b),

aN.2(e)(2)) or (2) resulted from an offense committed before the defendant
tumed 18 and resulted in the defendant's confrnement during any part of the
5-year period preceding the defendant's commencement ofthe instant offense
(see U.S.S.G. $$ 44.1.1(b), 4A1.2(dX2XA).
Other Prior Sentences
(U.S.S.G. SE 4A1.1(c)):
Eirter 1 point for each prior sentence not counted under U.S.S.G. $ 4A1.1(a)
or (b) that either (1) resulted from an offense committed after the defendant
turned 18 and was imposed within 10 years of the defendant's
commencement of the instant offense (taking into account relevant conduct
and stipulated offenses) (see U.S.S.G. $$ 4A1.1(c), aN.2(e)Q) or (2)
resulted from an offense committed before the defendant turned 18 and was
imposed within 5 years of the defendant's colrunencement of the instant
offense (taking into account relevant conduct and stipulated offenses) (see
U.S.S.G. $$ 4,{1.1(c), 4A1.2(d)(2)(B)). NOTE: No more than 4 points may
be added under this itern.

c-1

l POINT

I
I

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 21 of 28

Defendant:
Docket No.:

MARK T. RANZENBERGER
16-CR-20389

Count:
Statute(s):

Date of

Imposition

Pg ID 68

18

usc

$$ zzszA(a)(s)

& (bX2)

Release

Status*

Offense

Sentence

Date**

Points

I
I
Ir
I

* If the defendant committed

the offense before turning 18, indicate whether he or she was

sentenced as ajuvenile (J) or as an adult (A).
** A release date is required in only two situations: (1) when a sentence covered under
U.S.S.G. $ 4A1.1(a) was imposed more than 15 years before the defendant's commencement of
the instant offense (tal<ing into account relevant conduct and stipulated offenses) but resulted in
his or her confinement during any part of that l5-year period; or (2) when a sentence counted
under U.S.S.G. $ 4A1.1(b) was irnposed for an offense committed before the defendant tumed
18 but resulted in his or her conflnement during any part of the 5-year period preceding his or
her commencernent of the instant offense (taking into account relevant conduct and stipulated
oflenses).

I
I
I

c-2

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 22 of 28

Defendant:
Docket No.:
2

MARK T. RANZENBERGER

Count:
Statute(s):

16-CR-20389

COIVIMTSSIoN oF INSTANT OFFENSE

Pg ID 69

18

usc

$$ 22s2A(a)(5)

& (b)(2)

WIIILE UNDER PRIOR SENTENCE

(u.s.s.G. s 4A1.1(d)
Enter 2 points

if

the defendant committed any part of the instant offense

(taking into account relevant conduct and stipulated offenses) while under any
criminal justice sentence having a custodial or supervisory component,
inciuding probation, parole, supervised release, imprisonment, work release,
and escape status. (See U.S.S.G. $$ 4A1.1(d), 4A1.2{m), (n).) List the type
ofcontrol and identiff the sentence from which it resulted.
1212312013 Probation- Delivery/Ir4anufacture Marijuana

3.

PRroR SENTENCE RDsuLrrNG FROM CRrMD oF VTOLENCE (U.S.S.G. $ 4A1.1(e)

Enter 1 point fol each prior sentence resulting from a conviction for a crime
of violence that did not receive any points under U.S.S.G. $ 4A1 . 1(a), (b), or
(c) because such sentence was considered related to another sentence
resulting from a conviction for a crime ofviolence. But enter no points where
the sentences are considered related because the offenses occurred on the
same occasion. (,See U.S.S,G. $$ aAl.1(e), 4A1.2(p).) Identifu the crimes
of violence and briefly explain why the cases are considered related. NOTE:
No -more than 3 points may be added under this item.
4

TOTA]. CRIMINAL IIISToRY POINTS

Enter the sum of the criminal history points entered in Items 1-4,

5.

CRrI{NAL HrsroRY CA'l'pcoRY

Criminal History Cateeory

Total Criminal History Points

0-1

il

2-3
4-6

III

7-9

IV

l0-12

\T

>13

c-3

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 23 of 28

Defendant:
Docket No.:

MARKT. RANZENBERGER
16-CR-20389

Count:
Statute(s):

Pg ID 70

18

usc

$$ 2zszA(a)(s)

& (b)(z)

\YORKSHEET D (Guideline Range)

(CoMBINED) ADJUSTED OTTENSE LEvEL
Enter the adjusted offense level entered in Item 3 of Worksheet A or
the combined adjusted offense level entered in item 8 of Worksheet B.

AUUSTMENT FoR ACCEPTANCE OF RESPONSIBILITY

(u.s.s.G. $ 3E1.1)

3.

Torar-OpTBNSELEvEL
Enter the difference between Items 1 and 2.

4.

36

1J

CruTmuar,IIrsToRYCATEGORY

Enter "I" if the defendant has no criminal history. Otherwise, enter the
criminal history category entered in Item 6 of Worksheet C.

Lrvnr.nroon/Anuen CAIEER
CRlm.rALiDANGERous Spx OrruNonR (U.S.S.G. cn. 4, rr. B)
CAREER OFTENDER/CFmm.IAL

5.

a.

Total Offense Level:

If

the career offender provision (U.S.S.G.

$ 481.1), the criminal livelihood provision (u.S.S.c. g 481.3), the
armed career criminal provision (J.S.S.G. $ 481.4), or the
dangerous sex offender provision (U.S.S.G. $ 481.5) results in a total
offense level higher than the total offense levei entered in Item 3, enter
the higher offense level total.

Cateeory: If the career offender provision(U.S.S.G.

$ 48 1. 1), the armed career criminal provision (U.S.S.G. $ 48 1.4), or the
dangerous sex offender provision (U.S.S.G, $ 481.5) results in a
criminai history category higher than the criminal history category
entered in Item 4, enter the higher criminal history category.

b. Criminal History

GLTDELn.E RANGE FROM SENTENCTNG TABLE (U.S.S.G. cH. 5, pr. A)

Enter the guideline range in the Sentencing Table (see U.S.S.G. ch. 5, pt.
A) ploduced by the total offense leve1 enteled in Item 3 or 5.a and the
criminal history category entered in Item 4 or 5.b.

135168

months

D-1

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 24 of 28

Defendant:
Docket No.:
7

MARK T. RANZENBERGER

16-CR-20389

Count:
Statute(s):

Pg ID 71

I
t8

usc

$$ 2252A(a)(s)

& (b)(2)

STATUTORY RESTRICTIONS ON OR ST]PERSESSION OF GI]IDELIIIE RANGE

If

the maximum sentence authorized by statute is below, or a minimum

sentence required by statute is above, the guideline range entered in Item 6,
enter either the guideline range as restricted by statute or the sentence
required by statute. (See U.S.S.G. $ 5G1.1.) If the sentence on any count
of conviction is required by statute to be consecutive to the sentence on
any other count of conviction, explain why.

D-2

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 25 of 28

Defendant:
Docket No.:

MARKT. RANZENBERGER
16-CR-20389

Countl
Statute(s):

Pg ID 72

l
18

usc

$$ 22s2A(a)(s)

& (b)(2)

WORKSHEET E (Authorized Guideline Sentences)

PRoBATToN

a.
x

Imposition of a Term of Probation (U.S.S.G. g 58i.1)

1. Probation is not authorized by the guidelines (minimum of guideline
range >10 months or statute of conviction is a Class A or a Class B
felony). Ifthis box is checked, go to Item 2 (Split Sentence).
2. Probation is authorized by the guidelines (minimum of guideline range

3.

zero months).
Probation is authorized by the guidelines, provided the court imposes a

condition

or

combination

of

conditions requiring intermittent

confinement, community confinement, or home detention satis$ing the

minimum of the guideline range (minimum of guideline range > 0
months but (9 months).

ofTenn ofProbati lt (u.s.s.G. $ sBl.2)

At least 1 year but not more than 5 years (tota1 offense level >6)

No more than 3 years (total offense level < 6).

Conditions of Probation (U.S.S.G. $ 5B1.3)

7

SPI-rr SrNrnNcr (U.S.S.G. S 5C1.1(CX2), (DX2))

A split sentence is not authorized (minimum of guideline range:0 months or )15
months).
A split sentence is authorized (minimum of guideline range > 0 months but <12
months). The court may impose a sentence of imprisonment that includes a term of
supervised release with a condition that substitutes community confinement or home
detention for imprisonment, provided that at least one-half of the minimum of the
guideline range is satisfied by imprisonment (if the minimum of the guideline range
is 10 or 12 months), or that at least one month is satisfied by imprisonment (if the
minimum of the guideline range is 1,2,3, 4, 6,8, or 9 months). The authorized
length of the term of supervised release is set forth below in Item 4.b.

a.
b.

3.

IMlIusoNNmNr (U.S.S.G. CH. 5, PT. C)

A tem of imprisonment is authorized by the guidelines if it is within the applicable

guideline range (entered in Item 6 of Worksheet D). (.9ee U.S.S.G. g 5C1.1.)

E-1

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 26 of 28

Defendant:
Docl<ct No.:

4,

MARKT. RANZENBERGER
16-CR-20389

Count:
Statute(s):

Pg ID 73

18

usc

$$ 22s24(a)(s)

&(b)(2)

SuprnvrsroRELEASE (U.S.S.G. ch 5., pt. D)

a.

Imposition of a Tem of Supervised Release ru.S.S.G. ti 5Dl .I )

The court must impose a term of supervised release if it imposes a term of
imprisonment of more than one year, or if it is required to do so by statute. The court
may impose a term of supervised release if it imposes a term of imprisonment of one
year or less.
Length of Term of Supervised Release (U.S.S.G. $ 5D 1.2)
1. At least 2 years but not more than 5 years, where the count of conviction is a
Class A or a Class B felony, i.e., an offense carrying a maximum term of
imprisonment )25 years.
2. At least 1 year but not more than 3 years, where the count of conviction is a
Class C or a Class D felony, i.e., an offense carrying a maximum term of
imprisonment 5 years but < 25 years.
3. 1 year, where the count of conviction is a'Class E felony or a Class A
misdemeanor, i.e., an offense carrying a maximum term of imprisonment > 6
monthsbut<5years.
4. The statute of conviction requires a minimum term of supervised release of
5 vears.

5.

Conditions of Supervised Release (u.s.s.G. $ sD1.3)

The court must impose certain conditions of supervised release and may impose
other conditions of supervised release.
I

REsrrrurroN (U.S.S.G.

1.
2.

5E1.1)

The court must order ful1 restitution to the victim(s) of the offense(s) of
conviction, (See 18 U.S.C. $S 3556,3663A,3664.) The court will determine
who the victims are and their restifution amounts.
The court must order fuIl restitution to the victim(s) of the offense(s) of
conviction. (See 18 U.S.C. $$ 3556,3663A,3664)Theparties agree that fu1l
restitution is $

E-2

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 27 of 28

Defendant:
Docket No.

Count:
Statute(s):

18

usc

$$ 22s24(a)$)

a @)Q)

3.

The parties agree that the cotttmay order restitution to the victim(s) ofthe offense(s)
of conviction in any amount up to and including $
(See 18 U.s.C. $$ 3663(a)(3),366a.)

The parties agree that the court may also order restitution to pel'sons other than the
victim(s) of the offense(s) of conviction in any amount up to and including
(See 18 u.S.C. $$ 3663(a)(1)(A), 3663A(a)(3),366a.)

5.
6

MARKT. RANZENBERGER
16-CR-20389

Pg ID 74

Restitution is not applicable.

rDrE (U.S.S.G.

a.

5E1.2)

Fines for Individual Defendants

The court must impose a fine unless "the defendant establishes that he [or she] is
unable to pay and is not likely to become able to pay any frne." (,9ee U.S.S.G. $
581.2(a).) Generally, the fine authorized by the guidelines is limited to the range
established in the Fine Table. (See U.S.S.G. $ 5E1.2(b).) However, there are
exceptions to this general ru1e. (See U.S.S.G. $ 5E1.2(b), (cX4).)

b.

Fine Range from Fine Table (U.S.S.G. $ 5E1.2(cX3))

MinimumFine

Maximum Fine

$$-a00_

250 000

E-3

1:16-cr-20389-TLL-PTM Doc # 19 Filed 09/27/16 Pg 28 of 28

Defendant:
Docket No.:
7

MARK T. RANZENBERGER

Count:
Statute(s):

16-CR-20389

Pg ID 75

l8 usc $$ 22s2A(a)(s) & (bX2)

Srpcrar. AssrssMrNr(s) (U.S.S.G. g 5E1.3)

The court must impose a special assessment on every count of conviction. The special
assessments for individual defendants are:

.
.
.
.

$100.00 for every count charging a felony ($400 for a corporation),

$25.00 for every count charging a Class A misdemeanor ($125 for a corporation),
$10,00 for every count charging a Class B misdemeanor ($50 for a corporation),
and
$5.00 for every count charging a Class C misdemeanor or an infraction ($25 for a
corporation).

The defendant must pay a special assessment or special assessments in the total amount
of $ 100

8.

FoRlnrruRr (U.S.S.G. $ 5E1.4)

x

Assets of the defendant

will

be forfeited.

Assets of the defendant

be forfeited,

will not

AonrrroNar- ATPLTCABLE GIITDET,INES, Polrcy STATEMENTS, AND STATUTES

List any additional applicable guideline, policy statement, or statute.

I0.

Upwano oR DowNwAxD DErARTURE (U.S.S.G. ch. 5, pts. H & K)

List any applicable aggravating or mitigating circumstance that might support a term of
imprisonment above or below the applicable guideline range.

E-4