Free Plea Agreement - District Court of Delaware - Delaware

l Case 1 :06-cr—00085-SLR Document 37 Filed 1 1/20/2006 Go;-in Cm/E
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. ) Criminal Action No. 06-85-SLR
STEVEN DAVID HUMES, l
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 Edmond Falgowski, Assistant
United States Attorney for the District of Delaware, and Glenn A. Zeitz, Esquire, attorney for the
Defendant, Steven David Humes, the following agreement is hereby entered into by the respective
parties:
l. The Defendant agrees to waive indictment and plead guilty to a one count Information, which
charges the Defendant with mailing a threatening communication, in violation of Title 18, United States
Code, Section 876(c). The essential elements of the offense are: (i) the Defendant knowingly mailed
through the Postal Service; (ii) a communication addressed to another person; and (iii) the
communication was made under such circumstances that a reasonable person hearing or reading the
statement or receiving the communication would understand it as a serious expression of intent to
inflict injury. The maximum penalties are tive years imprisonment, a $250,000.00 line, three years of

Case 1:06-cr—00085-SLR Document 37 Filed 11/20/2006 Page 2 of 4
supervised, and a $100.00 special assessment. The United States agrees at sentencing to move to
dismiss the Indictment.
2. The United States and the Defendant stipulate that Section 2A6.l (Harassing
Communications), and not Section 2B3.2 (Extortion by Threat) of the 2005 edition of the Guidelines
Manual, applies for sentencing purposes. The United States further agrees not to seek the six level
enhancement for conduct evidencing an intent to carry out the threat under Section 2A6. 1 (b)(l ).
3. The United States and the Defendant stipulate that a downward departure is applicable for
diminished capacity, U.S.S.G. § 5K2.l3.
4. The parties acknowledge that at the time of sentencing the Defendant may argue for a
downward adjustment in the base offense level under § 2A6.l, and may further argue for the
applicability of a downward departure on grounds additional to diminished capacity, to include the
Defendant’s post-offense rehabilitative efforts and the Defendar1t’s mistake as to law. The parties
further acknowledge that at the time of sentencing the Govemment may oppose these arguments.
5. The United States acknowledges the Defendant enters his guilty plea with the understanding
that the Attomey General’s Office for State of Delaware agrees, in retum for such plea, to not seek to
prosecute the Defendant, or violate any probation, for statements he made in any of his pleadings which
he tiled in the District Court for the District of Delaware, in Civil No. 06-59-SLR.
6. The Defendant acknowledges that he is satisiled with the legal representation provided by his
attomey; that he has fully discussed with his attomey the plea agreement; and that he is entering a guilty
plea because the Defendant admits that he is guilty.
7. Provided that the United States does not leam, after the Defendant's entry of his guilty plea,
of conduct by the Defendant inconsistent with acceptance of responsibility, the United States agrees to
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recommend at sentencing a two-level reduction for acceptance of responsibility under U.S.S.G.
§ 3El . l (a). The United States makes this recommendation because the Defendant has timely notified
authorities of his intention to enter a plea of guilty, thereby permitting the United States to avoid
preparing for trial and permitting the Court to allocate its resources efficiently.
8. The parties acknowledge that at the time of this plea agreement they estimate the Defendant
will be a guideline offense level l0 prior to any motion for downward departure. The estimated offense
level is calculated as follows:
2A6.1(a)(1) Base Offense Level 12
3El .1 Acceptance of Responsibility - 2
Total: T
9. The Defendant understands that at sentencing the District Court must consider the United
States Sentencing Guidelines and take them into account in exercising its discretion to determine the
appropriate sentence and must also consider the other factors bearing on an appropriate sentence
pursuant to Title 18, United States Code, Section 3553(a). The Defendant recognizes that the final
determination of the Defendant’s sentence will be made by the Court. The Defendant further
understands that the Court is not bound by any stipulations or recommendations of the parties. The
Defendant understands that he will not be allowed to withdraw his guilty plea if the Court calculates
the guidelines differently than he expects, or imposes a sentence greater than what he expects, or
imposes a sentence contrary to any stipulation of the parties or recommendation of his attorney.
l0. The Defendant agrees to pay the special assessment of $100.00 at the time of sentencing.
l 1. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements ofthe undersigned parties; that this Memorandum may be
modified only in a written agreement executed by all the undersigned parties; and that any and all
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Case 1:06-cr—00085-SLR Document 37 Filed 11/20/2006 Page 4 of 4
promises, representations, and statements made prior to or after this Memorandum are null and void and
have no effect whatsoever unless committed to writing in the manner so provided in this paragraph.
_ COL 1 ‘ ONNOLL
%{/ " L
A By: I- r L,
lenn Zeitz, Esquire d ond Falg ws
Attorney for Defendant Assistant United S ates Attorney
Steven avid H
Defendant I
Dated: WQJQ0
AND NOW this <=>t—°*· day of No V€·¤·· i¤··~'¤ , 2006, the foregoing Memorandum of Plea
Agreement is hereby (rejected) by the Court.
HONORABLE L. ROBINSON
Chief Judge
United States District Court
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