Free Plea Agreement - District Court of Delaware - Delaware

` Case 1:07-cr-00069-GIVIS Document 15 Filed 10/11/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA,
Plaintiff]
v. )
) Criminal Action No. 07-69-GMS
IAMON R. SHVIMONS,
Defendant.
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 Shawn A. Weede,
Assistant United States Attorney forthe District of Delaware, and the defendant, Jamon R. Simmons,
by and through his attomey, Edson A. Bostic, Esquire, the following agreement is hereby entered
into by the respective parties:
1. 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). Count One carries a maximum
sentence of a term of imprisonment of ten 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
the following elements with respect to Count One ofthe Indictment: (1) on or about May 2, 2007,
he knowingly possessed a firearm, that is a .3 8 caliber Charter Arms revolver, serial number 624194;
(2) he had previously been convicted of a crime punishable by more than one year of imprisonment;
and (3) the firearm affected interstate commerce, that is, that the firearm had previously crossed state
lines.

. · Case 1:07-cr-00069-GIVIS Document 15 Filed 10/11/2007 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 of the Indictment, to wit, a 38 caliber Charter Amis revolver, serial
number 624194, and four (4) .38 caliber cartridges seized from him by police on or about May 2,
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)(l)(J), at the time his guilty plea is accepted.
`% ¢{- 67 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 within the
sentencing range set forth bythe sentencing guidelines. The defendant understands, however, that
the ultimate determination of an appropriate sentence will be up to the sentencing judge. The Court
may impose a sentence which exceeds, falls 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.
6. Provided that the United States does not subsequently leam of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of the
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i ¤ · ‘ Case 1:07-cr-00069-GIVIS Document 15 Filed 10/11/2007 Page 3 of 4
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.l.
7. 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.
8. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
9. 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 :iSlNOLLY
_ United tes Attomey
?
Edson A. Bostic, squire Sh w A. Weede
Attomey for Defendant As is ant United States Attorney
»··-vvx EP
on R. Simmons
efendant
Dated: {0/1./ ¤`7
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Q , Case 1:07-cr-00069-GIVIS Document 15 Filed 10/11/2007 Page4of4
ri
AND NOW, this ( I day of ‘ , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) ` by this Court.
onor ble Gr goxy .Dleet
Chief, United States District Judge
F I L E D
0121 1 1 2007
u. .
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