Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00174-GIVIS Document 16 Filed 03/31/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT C()URT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. ) Criminal Action No. 07-174-GMS
GARY EARL, g
Defendant. g
MEMORANDUM OF PLEA AGREEMQWI
Pursuant to discussions between the United States of America, by and through its
attorneys, Colm F. Connolly, United States Attomey for the District of Delaware, and Lesley F.
Wolf Assistant United States Attorney for the District of Delaware, and the defendant, Gary
Earl, by and through his attorney, Keir Bradford, Esquire, the following agreement is hereby
entered into by the respective parties:
1. The defendant agrees to waive indictment and plead guilty in the United States
District Court for the District of Delaware to a one-count Felony Information, which charges him
with possession with intent to distribute a controlled substance, to wit, five (5) grams or more of
a mixture and substance containing a detectable amount of cocaine base, in violation of Title 21,
United States Code, Sections 841(a)(1) and (b)(1)(B) (Count One). Count One carries a term of
imprisonment of no less than five years and a maximum sentence of forty years imprisonment; a
$2,000,000 fine; a term of supervised release of at least four years up to a life term of supervised
release; and a $100.00 special assessment.
2. The defendant understands that if there were a trial, the Government would have
to prove the following elements of the offense charged in Count One: namely, (1) that on or
about November 28, 2007, the defendant knowingly (2) possessed (3) with intent to distribute (4)
5 grams or more of a mixture or substance containing a detectable amount of cocaine base. The

Case 1 :07-cr—00174-GIVIS Document 16 Filed 03/31/2008 Page 2 of 4
defendant knowingly, voluntarily and intelligently admits his guilt to those four elements of the
offense charged in Count One of the Information in the above case.
3. At or about the time of sentencing, the Government will dismiss the Indictment
filed on December 27, 2007.
4. The defendant agrees to forfeit all interests in the 1995 Cadillac Eldorado,
Delaware registration number 403613 and $1825.00 in United States currency. .
The defendant further agrees to waive all interest in the Property 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 the 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. Defendant acknowledges that he understands that the forfeiture of the
Property 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 11(b)(1)(J), at the time his guilty plea is accepted.
The defendant further agrees to waive all constitutional and statutory challenges in any
manner (including direct appeal, habeas corpus, or any other means) to any forfeiture canied out
in accordance with this Plea Agreement on any grounds, including that the forfeiture constitutes
an excessive fine or punishment. The defendant agrees to take all steps as requested by the
United States to pass clear title to forfeitable Property to the United States, and to testify
truthfully in any judicial forfeiture proceeding. Defendant acknowledges that the Property
covered by this agreement is subject to forfeiture as property facilitating illegal conduct.
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Case 1 :07-cr—00174-GIVIS Document 16 Filed 03/31/2008 Page 3 of 4
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, the Government will not oppose a two-point
reduction in the Offense Level for the defendant’s affirmative acceptance of responsibility. The
Government will move for an additional one-point reduction, if the defendant qualities for such a
decrease under United States Sentencing Guideline Section 3El.1(b).
6. 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
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.
7. The United States Attorney reserves the right to defend any ruling of the District
Court should there be an appeal from this case.
8. It is further agreed by the parties that this Memorandum supersedes all prior
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Case 1 :07-cr—00174-GIVIS Document 16 Filed 03/31/2008 Page 4 of 4
promises, representations, and statements of the undersigned parties; 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 to or after this Memorandum are null and void and
have no effect whatsoever, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY
United States Atto ey
nid` li
Gary Earl Lesley F. olf
Defendant Assistant nited States Attomey
r
Ke r Bradfor , Esquire
Attorney for Defendant
Dated: 9)) 1 7/06 \/
s 1* Vp
AND NOW, this ZL day of MW` ”!, 2008, the foregoing Memorandum of
Plea Agreement is hereby (accepted) ( ` this Court.
Honor le Gr ory M. Sleet
United States District Judge
F I L E D
4 MAR 3 1 2008
u. .
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