Free Proposed Plea Agreement - District Court of Delaware - Delaware

, Case 1:05—cr—00040-SLR Document 14 Filed 08/24/2005 Page 1 of 4
{ _,,; , _<,_ _ _ U.S. Department of Justice
- ..·e-2,2% "=.
United States Attorney ’.s‘ Office
···· · District of Delaware
l Nemours Building (302) 573-6277 A
V 1007 Orange Street Suite 7100 ` FAX (302) 573-6220
P.O. Box 2046 .
_ Wlmingion, Delaware 19899-2046
- - August 24, 2005
Honorable Sue L. Robinson _
_ Chief Judge _
United States District Cmnt .
J. Caleb Boggs Federal Building
844 King Street _
Wilmington, Delaware 19801 A J ·
Re: United States v. Timothy Cannon ‘ ‘ -
Criminal Action No. 05-40-SLR
Dear Chief Judge Robinson:
Enclosed please find the Memorandum of Plea Agreement, which the defendant has accepted and
which we understand the plea is scheduled for September 13, 2005, at 4:30 p.m.
‘ Respectfully submitted, `
COLM F. CONNOLLY
4 . United States Attorney
Richard G. A drews
First Assistant United States Attorney _
pc: Eleni Kousoulis, Esquire (W! Eno.)
.RGA:s1b _
Enclosure I · _

sl n I Case. 1 :O5—cr—OOO40-SLR Document 14 Filed 08/24/2005 Page 2 of 4 `
_ - _ I - - IN THE UNITED STATES DISTRICT COURT .
. _- FOR THE DISTRICT OF DELAWARE I _
E I UNITED STATES OF AMERICA,
s I I A
` Plaintiff, ) _ . ·
v. _ · ) Criminal Action No. 05-40-SLR ,
. I I TIMOTHY CANNON, _ I e .
. I I · I I Defendant. g I I
I _ I ‘ MEMORANDUM OF PLEA AGREEMENT -
· Pursuant to discussions between the United States of America, by and through its attomey, Richard
_ U Andrews, First Assistant United States Attorney for the District of Delaware, andthe defendant, l
- Timothy Cannon, by and through his attomey, Eleni Kousoulis Esquire, the following agreement is hereby -
_ (entered by the respective parties: _ · I
n l . The defendant shall plead guilty inthe United States District Court for the District of Delaware V
A to Count One ofthe Indictment, which charges him with being a prohibited person in possession of a gun,
I I in violation of 1 8 U.S .C. § 922(g)( 1 ), which carries a maximum sentence of atenn of imprisonment often ·
‘ _ years, a fine of $250,000, or both, three years supervised release, and a $100 special assessment.
I 2. The defendant understands that if there were a trial, the Government would have to prove three l
I - I elements ofthe offense — (1) that on or about March 25, 2005, he knowingly possessed a firearm; (2) that I
I at thetime he had previously been convicted of a crime punishable by more than one year’ s imprisonment; _
I and (3) that the f1rearm affected interstate commerce, that is, that it had previously, crossed state lines.

- Case 1:05—cri—00040-SLR Document 14 Filed 08/24/2005 Page 3 of 4
j 3 . The defendant abandons any right, title and interest that he may have in the following firearms
U and ammunition: a Bryco Arms .32 caliber handgun, serial no. 291208, and an Intratec Arms .22 caliber
` ‘ handgun, serial no. 097164, and the ammunition contained therein, the Erearms and ammunition having been
‘ seized by Delaware State Police Officerson about March 25, 2005; agrees to execute all documents A
I I requested by the Government to effect his abandonment; and agrees that the Bureau of Alcohol, Tobacco,
_ iFirearrns and Explosives and/or Delaware State Police Department may dispose ofthe firearms and ‘
ammunition in whatever manner it deems appropriate. . U
U . l 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 determine the appropriate
sentence and must also consider the other factors bearing on an appropriate sentence pursuant to U
l 8 Ul S .C. § 3 5 5 3 (a). The defendant further understands that the Government will likely recommend that
I the Court irnpo se a sentence consistent with the sentencing range set forth by the sentencing guidelines.
He tmderstands that the fmal determination ofthe sentencing guidelines will be up to the sentencing judge.
l D _ 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)
I I (base offense of 14) and SG §2K2. l (b)(4) (one ofthe firearms was stolen), and that it will move for a
_ U three-level reduction for acceptance of responsibility based on the defendant’s conduct to date. The
U 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. I I
I I 5 . The defendant agrees to pay the $100 special assessment the day of sentencing. Should he fail
I to do so, the Defendant agrees to voluntarily enter the United States Bureau of Prisons’ administered

. ` I Case 1 :05-cr-00040-SLR Document 14 Filed 08/24/2005 Page 4 of 4
_ program lrnown as the Inmate Financial Responsibility Program through which the Bureau of Prisons will
collect a portion of defenda.nt’s prison salary and apply it on defendant’s behalf to the payment ofthe
l n _ outstanding debt ordered. l l
. 6. The United States Attorney reserves the right to defend any ruling ofthe District Court should
there be an appeal from this case.
n · 7. At or about the time of sentencing, the United States will move to dismiss Count Two of A
- ‘ the indictment. _ _
` l 8. It is further agreed by the undersigned parties that this Memorandum supersedes all prior -
_ I promises, representations, and statements ofthe parties; that this Memorandum may be modined only in
writing signed by all the parties; and, that any and all promises, representations, and statements made prior
l l to or after this Memorandtun are null and void and have no effect whatsoever.
. A ‘ COLM F. CONNOLLY _
_ _ United States Attomey ·
;.....i..... ; Br¢...;.l_.._.i;
Eleni Kousoulis, Esquire _ Richard G. Andrews
Attorney for Defendant First Assistant United States Attorney
I Timothy Cannon .
Defendant
p Dated: _ _ _
I D NOW, this . day of , 2005, the foregoing Memorandmn of Plea
. Agreement is hereby (accepted) (rejected) by this Court. ‘
I ‘ Honorable Sue L. Robinson I ‘
- _ Chief United States District Judge _ .