Free Plea Agreement - District Court of Delaware - Delaware


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Pages: 4
Date: May 27, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 824 Words, 5,403 Characters
Page Size: Letter (8 1/2" x 11")
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Case 1:05-cr-00008-GIVIS Document 17 Filed 05/27/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action N0. 05-08-GMS
MARCUS SHARP, I
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 April M.
Byrd, Assistant United States Attorney for the District of Delaware, and Penny Marshall, attomey
for the defendant, Marcus Sharp, the following agreement is hereby entered into by the respective
parties:
l. The defendant agrees to plead guilty in the United States District Court for the
District of Delaware to Count III of the Indictment, which charges the defendant with possession
of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States
Code, Section 924(c). The Government agrees to dismiss the remaining counts of the Indictment
at or about the time of sentencing.
F I L E D
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Case 1:05-cr-00008-Gl\/IS Document 17 Filed 05/27/2005 Page 2 of 4
2. The following maximum penalties are applicable: life imprisonment, with a
mandatory minimum term of 5 years imprisonment consecutive to any other sentence imposed;
5 years supervised release; a $250,000 fine; and a $100 special assessment.
3. The elements of the offense are as follows:
• The defendant committed a drug trafficking crime for which he may be prosecuted
in a Court of the United States; and
• The defendant knowingly possessed a firearm in furtherance of that crime.
4. The defendant admits that on or about February 8, 2005, he knowingly possessed a
Colt, Python, .357 revolver, serial number 71377, and an Intratec, Model Tec-9, 9mm
semiautomatic pistol, serial number 18348, in ftutherance of his possession with intent to
distribute crack cocaine.
5. 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.
6. Provided that the United States does not subsequently learn of conduct or statements
by the defendant inconsistent with acceptance of responsibility, the United States agrees to a two-
level reduction under United States Sentencing Guidelines § 3E1.l(a), and if the defendant’s
offense level is determined to be level 16 or greater, the United States agrees to an additional
one-level reduction under United States Sentencing Guidelines § 3E1.1(b), based on the
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Case 1:05-cr-00008-Gl\/IS Document 17 Filed 05/27/2005 Page 3 of 4
defendant’s conduct to date, and will so move the Cotut at sentencing.
7. The defendant agrees to pay at the time of sentencing any special assessment ordered
by the Court.
8. lf the Court orders the payment of any special assessment or fine as part of the
defendant’s sentence, 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 the defendant’s prison salary and apply it on
the defendant’s behalf to the payment of the outstanding debt ordered.
9. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and any subsequent proceeding.
10. The parties understand that the Court is not bound by any stipulation or
recommendation reached by the parties. The defendant understands and agrees that he may not
withdraw his guilty plea in the event that (1) the Court decides not to follow any stipulation or
recommendation in this Memorandum of Plea Agreement, or (2) he does not receive the benefits
he expects from any such stipulation or recommendation.
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Case 1:05-cr-00008-Gl\/IS Document 17 Filed 05/27/2005 Page 4 of 4
ll. The parties agree that this Memorandum of Plea Agreement 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 prior to or after this Memorandum are null
and void and have no effect whatsoever.
COLM F. CONNOLLY
@$,:1- N E ( United States Attorney
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Penny Marshall, Esquire April l Byr ` ` "
Attorney for Defendant Assistant United States Attorney
Marcus Sharp
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Marcus Sharp
Defendant
Dated: May 27, 2005
AND NOW this day Sl? ~‘ , 2005, the foregoing
Memorandum of Plea Agreement is hereby (accepted) (rejected) by the Court.
L -_ __ _ . - ei >~··-A . ._
.‘/ , . A
Ho orable rego M. Sleet
United States District Court
District of Delaware
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