Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr—OOO67-SLR Document 11 Filed 08/O1/2007 Page 1 of 4
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" IN THE UNITED STATES DISTRICT COURT 8,
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FOR THE DISTRICT OF DELAWARE I I O 7
UNITED STATES OF AMERICA, )
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v. ) Criminal Action No.07-067 SLR
KADARELL BARRETT i .
Defendant. l
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attorney for the District of Delaware, and Martin C. Meltzer,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Kadarell
Barrett, by and through his attorney, Eleni Kousoulis, Esquire, the following agreement is hereby
entered into by the respective parties:
I. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with being a prohibited person in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(l)and 924 (a) (2), which carries a
maximum sentence of a term of imprisonment often years, a fine of $250,000, or both, three years
supervised release, and a $100 special assessment.
‘ 2. The defendant understands that if there were a trial, the Government would have to prove
three elements ofthe offense — ( l) that on or about May 15, 2007, he knowingly possessed a firearm,
that is, a Ruger .22 caliber revolver and three rounds of .22 ammunition (2) he had previously been
convicted of a crime punishable by more than one year’s imprisonment on or about May 19, 2003,
and (3) the firearm affected interstate commerce, that is, that the firearm had previously crossed state
lines. The defendant knowingly admits that he did, in fact, commit the conduct alleged in Count One
of the Indictment.

Case 1:07-cr—OOO67-SLR Document 11 Filed 08/O1/2007 Page 2 of 4
' 3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One ofthe Indictment, to wit, an a Ruger .22 caliber revolver and 3 rounds
of ammunition seized from him by police on May 15, 2007. The defendant further agrees to waive
all interest in any such asset in any administrative or judicial forfeiture proceeding, whether criminal
or civil, state or federal. The defendant agrees to consent to the entry of orders of forfeiture for such
property and waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a)
regarding notice of the forfeiture in the charging instrument, announcement of the forfeiture at
sentencing, and incorporation of the forfeiture in the judgment. Defendant acknowledges that he
understands that the forfeiture of assets is part of the sentence that may be imposed in this case and
waives any failure by the court to advise him of this, pursuant to Rule 11(b)(1)(J), at the time his
guilty plea is accepted.
4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation ofthe pre—sentence report), the defendant
should expect that the Government will recommend that the Court impose a sentence consistent with
the sentencing range set forth by the sentencing guidelines. The defendant understands, however,
that the ultimate determination of an appropriate sentence will be up to the sentencing judge. The
Court mayimpose a sentence which exceeds, fal ls below, or is contained within the sentencing range
prescribed by the sentencing guidelines. The defendant expressly acknowledges that if the Court
imposes a sentence outside the range set forth in the sentencing guidelines, or otherwise different
than the defendant expected, or contrary to the recommendation of his attorney or the United States,
the defendant will not be allowed to withdraw his guilty plea on that basis.
5. Provided that the United States does not subsequently learn of conduct by the
defendant inconsistent with acceptance of responsibility, the United States agrees that in
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Case 1:07-cr—OOO67-SLR Document 11 Filed 08/O1/2007 Page 3 of 4
I consideration of the defendant’s timely guilty plea, a two-point reduction in the Offense Level for
the`defendant’s affirmative acceptance of responsibility is appropriate, and the Government will
move for an additional one-point reduction, pursuant to Sentencing Guideline Section 3El .1.
6. The defendant agrees to pay the $100 special assessment the day of sentencing.
Should he fail to do so, the Defendant agrees to voluntarily enter the United States Bureau of
Prisons’ administered program known as the Inmate Financial Responsibility Program through
which the Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on
defendant’s behalf to the payment of the outstanding debt ordered.
7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
8. It is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the parties; that this Memorandum may be
modified only in writing signed by all the parties; and, that any and all promises, representations,
and statements made prior to or after this Memorandum are null and void and have no effect
whatsoever.
COLM F . CONNOLLY
United States Attorney
E¥Q·‘U"~ 0 By¤
Eleni Kousoulis, Esquire Martin C. Meltzer
Attomey for Defendant Special Assistant United Stat s Attomey

Kadarell\l§arrett
Defendant
Dated: Q · l - O 2
3

Case 1:07-cr-00067-SLR Document 11 Filed 08/O1/2007 Page 4 of 4
AND NOW, this [ **1* day of , 2007, the foregoing Memorandum
of Plea Agreement is hereby (rejecte )by this Court.
Honorable Sue L. gobinson
United States District Judge _
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