Free Plea Agreement - District Court of Delaware - Delaware

_ Case 1 :07-cr—00035-SLR Document 19 Filed 08/09/ 007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA , )
Plaintiff, i
v. ) Criminal Action No. 07-35-SLR
IRVIN J. LEWIS, g
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Edmond F algowski, Assistant United States Attomey for the District of Delaware, with the consent and
knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the defendant,
Irvin J. Lewis, by and through his attorney, Edson Bostic, Esquire, the following agreement is hereby
entered into by the respective parties:
I. The defendant shall enter a guilty plea to the one count Indictment, charging Possession of
a Firearm by a F elon, in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2), and
carrying the maximum penalty of ten years incarceration, a $250,000 fine, three years supervised
release, and a $100 special assessment.
2. The elements of Possession of a Firearm by a F elon are as follows:
a. The defendant possessed a firearm;
b. The defendant's possession was knowing;
c. At the time of the defendant's possession, the firearm had affected interstate
commerce, and;

.4 Case 1:07-cr-00035-SLR Document 19 Filed 08/O9/2007 Page 2 of 3
d. At the time of the defendant's possession he was a convicted felon.
3. Provided that the United States does not learn after the defendant’s entry of a guilty plea of
conduct by the defendant inconsistent with acceptance of responsibility, the United States agrees to
recommend at sentencing a two-level reduction for acceptance of responsibility under U.S.S.G.
§ 3El.l(a). lf the defendant’s offense level is I6 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3El.1(a) and (b).
4. The Government agrees to recommend at sentencing a period of incarceration at the lowest
end of the Guideline range ultimately adopted by the Court. The defendant acknowledges that he
understands this recommendation is not binding on the Court. The defendant further understands that
the Govermnent reserves the right to argue prior to sentencing the applicability of the Sentencing
Guidelines to the defendant’s case.
5. The defendant agrees to pay the $100 special assessment the day of sentencing. Should he
fail to do so, and be sentenced a term of incarceration, 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.
6. 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 of the 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 may impose a
sentence which exceeds, falls below, or is contained within the sentencing range prescribed by the
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_ . Case 1:07-cr-00035-SLR Document 19 Filed 08/O9/2007 Page 3 of 3
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.
7. lt is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned 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, unless they comport
with the subsequent written modification requirements of this paragraph.
COLM F. CONNOLLY N {
Unit es Attorney
' Edson Bostic, Esquire on algowski
Attomey for Defendant Assistant United States Attorney
Irvin J. Lewis
Defendant
Dated:_?‘ Jo ’ CD7
AND NOW, this 9** day of , 2007, the foregoing Memorandum
of Plea Agreement is hereby (rejected) by this Court.
. ·` ‘t
Honorable Sue L. gbinson
”Gl=r-ie.[Judge, United States District Court
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