Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :05-cr-00040-SLR Document 16 Filed 09/ 1 3/2005 Page 1 of 3
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I TN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
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. Plaintiff, )
Q v, ) Criminal Action No. 05-40-SLR
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TIMOTHY CANNON, )
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L Defendant. )
MEMORANDUM OF PLEA AGREEMENT
i Pursuant to discussions between the United States of America, by and through its attorney, Richard
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A G. Andrews, First Assistant United States Attomey for the District of Delaware, and the defendant,
Timothy Cannon, by and through his attomey, Eleni Kousoulis, Esquire, the following agreement is hereby
entered into by the respective parties:
1 . The defendant shall plead guilty in the United States District Cotut for the District of Delaware
to Count One ofthe Indictment, which charges him with being a prohibited person in possession of a gun,
in violation of 18 U.S.C. § 922(g)( 1 ), which 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 three
elements ofthe offense —( 1 ) that on or about March 25, 2005, he knowingly possessed a firearm; (2) that
at the time he had previously been convicted of a crime punishable by more than one year’ s imprisomnent;
and (3) that the firearm affected interstate commerce, that is, that it had previously crossed state lines.

` Case 1 :05-cr-00040-SLR Document 16 Filed 09/ 1 3/2005 Page 2 of 3
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3. The defendant abandons any right, title and interest that he may have in the following firearms
and ammunition: a Bryco Anns .32 caliber handgun, serial no. 291208, and an lntratec Arms .22 caliber
i handgun, serial no. 097 164, and the ammunition contained therein, the firearms and amrntmition having been
seized by Delaware State Police Officers on about March 25, 2005; agrees to execute all documents
I requested by the Government to effect his abandonment; and agrees that the Bureau of Alcohol, Tobacco,
Firearms and Explosives and/or Delaware State Police Department may dispose ofthe firearms and
ammunition in whatever manner it deems appropriate.
ty 4. 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 detennine the appropriate
sentence and must also consider the other factors bearing on an appropriate sentence pursuant to
ly 18 U.S.C. § 3 553 (a). The defendant further understands that the Govcmment will likely recommend that
the Court impose a sentence consistent with the sentencing range set forth by the sentencing guidelines.
He understands that the final determination ofthe sentencing guidelines will be up to the sentencing judge.
The United States represents to the defendant that based on the information available, the United States l
believes that his offense level (before acceptance of responsibility) should be 16, see SG § 2K2. l(a)(6) _
(base offense of 14) and SG §2K2.1(b)(4) (one ofthe firearms was stolen), and that it will move for a
three-level reduction for acceptance of responsibility based on the defendant’s conduct to date. The
defendant understands that the Court is not bound by any stipulation between the parties, and that if the
Court calculates the guidelines differently than he expects, or contrary to any stipulation ofthe parties or
recommendation of his attorney, that he will not be allowed to withdraw his guilty plea.
5. 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
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if Case 1:05-cr-00040-SLR Document 16 Filed O9/13/2005 Page 3 of 3
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k program known as the Inmate Financial Responsibility Program through which the Bureau of Prisons will
R collect a portion of defendant’s prison salary and apply it on detendanfs behalf to the payment ofthe
outstanding debtordered.
6. The United States Attorney reserves the right to defend any ruling ofthe District Court should
3 there be an appeal from this case.
7. At or about the time of sentencing, the United States will move to dismiss Count Two of
the indictment.
J 8. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
i promises, representations, and statements ofthe part ies; 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
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to or after this Memorandum are null and void and have no effect whatsoever.
r COLM F. CONNOLLY
ll United States Attorney
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E CZ Ma A . Q @1Lt.L4, By: J ir` E T
Eleni Kousoulis, Esquire Richard G. And ews
Attorney for Defendant First Assistant United States Attorney
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Defendant
Dated:
AND NOW, this 'I3”"‘ day of , 2005, the foregoing Memorandum of Plea
Agreement is hereby rejeeted) by this Court.
Honorable Slug L. Robinson
Chief United States District Judge .
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