UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

UNITED STATES OF AMERICA

V. No. 3:21-00112
JUDGE RICHARDSON

LEON BURNETT HENSLEY

PETITION TO ENTER A PLEA OF GUILTY

I, Leon Burnett Hensley, respectfully represent to the Court as follows:

(1)My true full name i Wn Burnett Hensley. I was born in 1981, and I am 41
years old. I have completed 44W (12) years of formal education and received a High
School Diploma. L
q- ~S
(2)My appointed lawyer is Dumaka Shabazz.

(3)I have received a copy of the Superseding Indictment before being called
upon to plead and have read and discussed it with my lawyer and believe and feel that
I understand every accusation made against me in the Superseding Indictment.

(4)I have had sufficient opportunity to discuss with my lawyer the facts and
surrounding circumstances concerning the matters mentioned in the Indictment. My
lawyer has counseled and advised me as to the nature and cause of every accusation
against me. We have thoroughly discussed the government's case against me and my
potential defenses to the government's case. My lawyer has explained each element of
the crime charged to me and what the government would offer to prove these elements
beyond a reasonable doubt.

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 (5) I understand that the statutory penalty for each of the offense(s) with which
I am charged is:
a. as to Count(s) 1-25, 18, U.S.C. §2251(a)(e) (Production/Attempted
production of Visual Depictions of Minors Engaged in Sexually Explicit
Conduct):
i. a mandatory minimum sentence of 15 years' imprisonment and a
maximum term of life imprisonment,
ii. a fine of up to $250,000,
iii. a minimum term of five (5) years' supervised release and a
maximum term of life,
iv. a mandatory $100 special assessment,
V. a $5,000 special assessment for any non-indigent defendant
pursuant to 18 U.S.C. § 3014,
vi. Not more than a $50,000 special assessment pursuant to 18 U.S.C. §
2259A(a)(3)
*(These penalties apply to each count)

(6) I have been advised that I will be sentenced to a sentence sufficient but not
greater than necessary to satisfy the goals of sentencing specified in 18 U.S.C. § 3553(a).
One consideration will be Guidelines established by the United States Sentencing
Commission. I understand that these Guidelines are advisory, but that the Court must
take account of the Guidelines together with other sentencing goals. My lawyer and I
have discussed the calculation of the Guidelines in my case. My lawyer has given me an
estimate of the Guidelines range that may apply in my case. I realize that this is simply
my lawyer's estimate. I understand that my advisory Guidelines range will be
calculated by the United States Probation Officer who prepares the pre-sentence report
in my case. This estimation is subject to challenge by either me or the government. The
final Guidelines calculation will be made by the Court. I further understand that I may
be sentenced to a fine to be calculated through the Guidelines. No fine will be imposed
if the Judge finds me unable to pay any fine. Considered in this fine may be the costs of
any confinement or probation or supervision. I have a right to a review of my
conviction and sentence by the United States Court of Appeals for the Sixth Circuit.

(7) I understand that I am not eligible for a sentence of probation if I receive

any sentence of imprisonment or am convicted of a Class A or Class B felony, or the

01

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offense is one for which probation is expressly prohibited. I have been informed that
under the present federal sentencing system there is no parole. I will receive 54 days
good time credit per year, and it will not vest until the end of each year. I further
understand that if I am sentenced to a period of supervised release and I violate the
terms of that supervised release, upon revocation I could be imprisoned again.

(8) I understand that should this plea of guilty be accepted, I will be a convicted
felon in the eyes of the law for the rest of my life. This means, under present law that (a)
I cannot vote in Tennessee, unless my right to vote is lawfully restored, and may not be
eligible to vote in other states; (b) I cannot possess a firearm anywhere; (c) if I am
presently on probation, parole, or supervised release whether state or federal, the fact
that I have been convicted may be used to revoke my probation, parole or supervised
release regardless of what sentence I receive on this case; (d) if I am convicted of any
crime in the future, whether state or federal, this conviction may be used to increase
that sentence; (e) I may have to disclose the fact that I am a convicted felon when
applying for employment and such disclosure may result in my not getting some jobs
and having difficulty in getting others. If I have been convicted of certain drug offenses,
my conviction may result in my losing entitlement to certain federal benefits pursuant
to the Anti-Drug Abuse Act of 1988. I understand that this list may not include all of the
adverse consequences of my conviction in this case.

(9) I understand that I can plead "NOT GUILTY" to any or all offenses charged
against me, and continue to plead "NOT GUILTY", and that if I choose to plead not
guilty, the Constitution guarantees me (a) the right to a speedy and public trial by jury;
(b) the right not to testify and no implication of guilt would arise by my failure to do so;
(c)the right to be presumed innocent until such time, if ever, that the government proves
my guilt beyond a reasonable doubt to the satisfaction of a court and jury; (d) the right to
see and hear all the witnesses and to cross-examine any witness who may testify against
me; (e) the right to use the power and process of the court to compel the production of
any evidence, including the attendance of any witnesses, in my favor; and to testify in
my own behalf if I choose to do so; (f) the right to have the assistance of counsel in my
defense at all stages of the proceedings; (g) if I am convicted at such trial I have the right
to appeal with a lawyer to assist me and the appeal will not cost me any money if I am
indigent. I understand that if the Court accepts my plea that there will be no jury trial
and that I will be convicted of the count(s) to which I plead just as if a jury found me
guilty of the charge(s) following a trial. The Court may then impose sentence upon me
subject to the maximum punishments set forth in paragraph (5) of this petition.

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 (10) No officer or agent of any branch of government (federal, state or local),
nor any other person, has guaranteed me what sentence I will receive. If there are any
agreements between myself and my lawyer and the prosecution concerning my plea
they are fully set forth in paragraph (13) below. I understand that no person can bind
the Judge to give any particular sentence in my case. I understand that if the Judge
decides to make a recommendation about where I should serve any incarceration that
the recommendation is not a promise or a guarantee, but only a recommendation and is
not binding on the Bureau of Prisons which will make the final decision (after I am
sentenced) about where I will be incarcerated.

(11) My lawyer has done all the investigation and research in this case that I
have asked him to do and has reviewed with me the discovery material provided by the
government. I am satisfied with his representation at this point.

(12) Fully understanding my rights to plead "NOT GUILTY" and fully

understanding the consequence of my plea of guilty, I wish to plead "GUILTY" and
respectfully request the Court to accept my plea as follows: Guilty to Count(s)1-25 as
charged in the Superseding Indictment.

(13) This plea is not a result of a plea agreement between my lawyer and the
prosecution under the provisions of Rule 11 or the Federal Rules of Criminal
Procedure.

(14) I offer my plea of "GUILTY" freely and voluntarily and of my own accord;
also, my lawyer has explained to me, and I feel and believe I understand this petition.

(15) I am not under the influence of either drugs or alcohol.

(16) I request the Court to enter now my plea of "GUILTY" as set forth in
paragraph (12) of this petition, in reliance upon my statements made in this petition.

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 (17) Recognizing that the Court may reserve acceptance of this plea pending
the receipt of the pre-sentence report, I agree that the pre-sentence report may be
disclosed to the United States Attorney, my counsel and myself, prior to the sentencing
hearing.

Signed by me in open court under the penalties of perjury in the presence of my

lawyer, this the Z l0 day of 2022.

-,4::
LEON BURNETT H
W,= SLEY, Defendant

ACKNOWLEDGMENT OF GOVERNMENT ATTORNEY

The maximum punishment and plea and plea agreement are accurately stated
above.

MONICA MORRISON
Attorney for the government

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 CERTIFICATE OF COUNSEL

The undersigned, as lawyer and counselor for Leon Burnett Hensley, hereby
certifies as follows:

(1)I have read and fully explained to Mr. Hensley all the accusations against him
in this case;

(2)To the best of my knowledge and belief each statement set forth in the
foregoing petition is accurate and true.

(3)In my opinion, the plea of "GUILTY" as offered by Mr. Hensley in paragraph

(12) of the foregoing petition, is voluntarily and understandingly made; and I
recommend to the Court that the plea of "GUILTY" be accepted and entered as
requested in paragraph (12) of the foregoing petition.

Signed by me in open court in the presence of Leon Burnett Hensley this 77

day of September 2022.

DT 84AKA SHABAZZ
Attorney for Leon Burnett Hensley

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 ORDER

Good cause appearing therefore from the foregoing petition of the foregoing

named accused and the certificate of his counsel and for all proceedings heretofore had

in this case, it is ORDERED that the petition be granted and accused's plea of "GUILTY"

be accepted and entered as prayed in the petition and as recommended in the certificate

of counsel.

Done in open court this L day of September 2022.

ELI RICHARDSON
JUDGE UNITED STATES DISTRICT COURT

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