The United States of America, by the United States Attorney for the Eastern District of Tennessee, and the defendant, Paul Blackburn, and the defendant’s attorney, David L. Clarke, have agreed upon the following:
l. The defendant will plead guilty to the following count(s) in the indictment:
a) Count One. The lesser included offense of Conspiracy to violate the Horse Protection Act, in violation of 18 U.S.C. § 371, 15 U.S.C. §§ 1824(1) and 1824(2)(B).
The punishment for this offense is as follows. Imprisonment for a term of up to one year and a $3,000 fine, supervised release for up to one year, and a $25 special assessment.
2. In consideration of the defendant’s guilty plea, the United States agrees to move the Court at the time of sentencing to dismiss the remaining counts against the defendant in this indictment.
3. The defendant has read the indictment, discussed the charges and possible defenses with defense counsel, and understands the crime(s) charged. The defendant is pleading guilty because the defendant is in fact guilty. In order to be guilty, the defendant agrees that each of the following elements of the crime(s) must be proved beyond a reasonable doubt:
a. 18 U.S. C.§ 371: Conspiracy: (1) The defendant and one or more other persons conspired or agreed to commit an offense against the United States; and
(2) The defendant knowingly and voluntarily joined the conspiracy; and
(3) A member of the conspiracy committed an overt act in furtherance of the conspiracy.
b. 15 U.S. C.§ 1824(1): Horse Protection Act-Transportation of Sored Horse
(1) A member of the conspiracy knowingly shipped, transported, moved, delivered or received any horse which is sore;
(2) With reason to believe that such horse while it is sore may be (a) shown, exhibited, entered for the purpose of being shown or exhibited, or (b) sold, or (c) auctioned or offered for sale.
c. 15 U.S. C.§ l824(2)(B): Horse Protection Act-Exhibition of Sored Horse
(1) A member of the conspiracy knowingly entered for the purpose of showing or exhibiting in any horse show or exhibition;
(2) Any horse which the member of the conspiracy knew was sore.
Sentenced January 23, 2012
1 year Probation