Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
v. Criminal Action N0. 05-09-JJ F
WARREN GROOMS,
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
David L. Hall, Assistant United States Attorney, and Raymond Radulski, Esquire, attorney
for the defendant, WARREN GROOMS, the following agreement is hereby entered into by
the respective parties:
1. The defendant agrees to plead guilty to Count One of a one count Information,
waiving prosecution by indictment, charging the defendant with theft of government
property, in violation of Title 18, United States Code, Section 641.
2. The essential elements of Count One, each of which the government would have
to prove beyond a reasonable doubt at trial, are: (i) the defendant knowingly and willfully;
(ii) embezzled, stole, purloined, and converted to his use; (iii) more than $1,000 of money of
the United States and an agency thereof, the Drug Enforcement Administration.
3. The maximum penalty for a violation of Count One is not more than live years ?
imprisonment, a $250,000.00 fine, three years of supervised release following any term of
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Case 1:05-cr-00009-JJF Document 11 Filed 06/08/2005 Page 2 of 4
imprisonment, restitution, and a $100.00 special assessment.
4, The defendant knowingly, voluntarily, and intelligently admits that in or about
August and September, 2004, in New Castle County, Delaware, defendant embezzled, stole,
purloined, and converted to his own use $2,500 in funds provided to him by the Drug
Enforcement Administration, an agency of the United States. Defendant was provided the
money to obtain a new residence for his personal safety, which defendant did not do,
keeping the money instead.
S. The United States will recommend a two-level reduction in the offense level for
the defendant's affirmative acceptance of responsibility under Sentencing Guideline §
3El.l. 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.
6. The defendant agrees to pay the special assessment of $100.00 at the time of
sentencing. Defendant agrees to make restitution to the United States of $2,500.
7. Ifthe Court sentences the defendant to a term of incarceration and orders the
payment of any special assessment or fine as part of the defendant's sentence but the
defendant is unable to pay the full amount of the special assessment or fine at the time of
sentencing, the defendant agrees voluntarily to 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 ofthe defendant’s prison salary and I
apply it on the defendant's behalf to the payment of the outstanding debt ordered.
8. The parties reserve the right to defend the probation officer’s findings at the

Case 1:05-cr-00009-JJF Document 11 Filed 06/08/2005 Page 3 of 4
sentencing hearing and to defend the sentencing court’s rulings at any subsequent
proceedings, including any appeal. The parties realize that the Court is not bonpd by any
stipulations reached by the parties. However, if the Court decides not to follow any
stipulation or recommendation in this Memorandum of Plea Agreement, or if the
defendant does not receive the benefits he expects from any such stipulation or
recommendation, the defendant may not withdraw his guilty plea.
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 18 U.S.C. §3553(a). The defendant further
understands that the Government will likely recommend that the Court impose a sentence
consistent with the sentencing range set forth by the sentencing guidelines.
10. It is further agreed by the undersigned parties that this Memorandum
supersedes all prior promises, representations, and statements of the undersigned parties;
that this Memorandum may be modified only in a written agreement executed by all the
undersigned parties; and that any and all promises, representations, and statements made

Case 1:05-cr-00009-JJF Document 11 Filed 06/08/2005 Page 4 of 4
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.
COLM F. CONNOLLY
United States Attorney
Raymond Radulski, Esquire David L. Hall
Attorney for Defendant Assistant United States Attorney
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Warren Grooms
Defendant
Dated:
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AND NOW this 9 day of , 2005, the foregoing
Memorandum of Plea Agreement is hereby ( y the Court.
Hon. os ph J. Farn Jr.
Unite ates District Court
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