Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr-00093-JJF Document 20 Filed O9/O3/2008 Page 1 of 4
aww U/1 OPI/I CDUWZ1 71/Lt/I ERSOJCU/I ma S6/JfQWL/96%
elf/UP? .
IN THE UNITED STATES DISTRICT COURT `
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA )
)
)
v. ) Criminal Action No. 08-093-JJF
CONNELL KOGER, g
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 Geoffrey G. Grivner,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Connell
Koger, by and through his attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered
into knowingly, voluntarily and intelligently by the respective parties:
1. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment in the above case. Count One of the Indictment charges
the defendant him with being a felon in possession of a firearm, in violation of 18 U.S.C.
§§ 922(g)( 1) and 924(a)(2). The maximum penalties for a violation of Count One ofthe Indictment
are a term of imprisonment often years, a fine of $250,000, three years supervised release, or any
or all of the above, and a $100 special assessment.
2. The defendant understands that if the case proceeded to a trial, the Goverrmient would
have to prove three elements for the offense charged in Count One — (1) that on or about June 1,
2008, he knowingly possessed a firearm, that is a Model R.G. 14 .22 caliber revolver, serial number
L646293; (2) he had previously been convicted of a felony crime punishable by more than one
year’s imprisomnent in the Superior Court in and for New Castle County, Delaware; and (3) the
firearm affected interstate commerce, that is, that the firearm had previously crossed state lines. The

Case 1:08-cr-00093-JJF Document 20 Filed 09/03/2008 Page 2 of 4
defendant knowingly, voluntarily and intelligently admits his guilt to those three elements of the
offense alleged in Count One of the Indictment in the above case and knowingly, voluntarily and
intelligently desires to resolve this prosecution by pleading guilty to Count One of the Indictment
in accord with the provisions of this Memorandum of Plea Agreement.
3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One of the Indictment, to wit, the Model R.G. 14 .22 caliber revolver,
serial number L646293, and six (6) rounds of ammunition, all of which were seized in Wilmington,
Delaware on or about June 1, 2008. The defendant further agrees to waive all interest in any such
assets in any administrative or judicial forfeiture proceeding, whether criminal or civil, state or
federal. The defendant agrees to consent to the entry of orders of forfeiture for such property and
waives the requirements of Federal Rules of Criminal Procedure 32.2 and 43(a) regarding notice of
the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment. The defendant acknowledges that he understands
that the forfeiture of assets is part of the sentence that may be imposed in this case and waives any
failure by the court to advise him of this, pursuant to Rule ll(b)(l)(J), at the time his guilty plea is
accepted.
4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation of the pre-sentence report), the
defendant should expect that the Government will recommend that the Court impose a sentence
consistent with the sentencing range set forth by the sentencing guidelines. The defendant
understands, however, that the ultimate determination of an appropriate sentence will be up to the
sentencing judge. The Court may impose a sentence which exceeds, falls below, or is contained
within the sentencing range prescribed by the sentencing guidelines. The defendant expressly
2

Case 1:08-cr-00093-JJF Document 20 Filed O9/O3/2008 Page 3 of 4
acknowledges that if the Court imposes a sentence outside the range set forth in the sentencing
guidelines, or otherwise different than the defendant expected, or contrary to the recommendation
of his attomey or the United States, the defendant will not be allowed to withdraw his guilty plea
on that basis.
5. Provided that the United States does not subsequently learn of conduct by the
defendant inconsistent with acceptance of responsibility, the United States agrees that in
consideration of the defendant’s timely guilty plea, a two offense level reduction under U.S.S.G.
§3El.l for the defendant’s affirmative acceptance of responsibility is appropriate.
6. The defendant agrees to pay the $100 special assessment on the day of sentencing.
Should he fail to do so, 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 defendant’s prison salary and apply it on l
defendant’s behalf to the payment of the outstanding debt ordered.
7. The United States Attomey reserves the right to defend any ruling of the District
Court.
8. It is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the parties; that this Memorandum may be
modified only in writing signed by all the parties; and, that any and all promises, representations,
3

Case 1:08-cr-00093-JJF Document 20 Filed O9/O3/2008 Page 4 of 4
and statements made prior to or after this Memorandum are null and void and have no effect
whatsoever.
COLM F. CONNOLLY
United States Attorney
% By¤
Luis A. Ortiz, Esquire Geoffrey G. Grivner
Attorney for Defendant Special Assistant United States Attorney
Connell Koger
Defendant
Dated:
% AND NOW, this ,. E day of , 2008, the foregoing Memorandum
of Plea Agreement is hereby (¤$eétdd?by this Court.
\ ` , ~ ‘Q/ \
_ L` ' 4.4. · 4.- ’
Honor Jose h J. an, Jr. U
United ~ tes Distri i udge
District of Delaware
4

Case 1:08-cr-00093-JJF

Document 20

Filed 09/03/2008

Page 1 of 4

Case 1:08-cr-00093-JJF

Document 20

Filed 09/03/2008

Page 2 of 4

Case 1:08-cr-00093-JJF

Document 20

Filed 09/03/2008

Page 3 of 4

Case 1:08-cr-00093-JJF

Document 20

Filed 09/03/2008

Page 4 of 4