Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00167-SLR Document 16 Filed O3/O4/ P`g% Qybiy/M
3 l’~//03 MW
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. i Case No. 07-167-SLR
MARK RYAN HOFFMAN, )
Defendant. i
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 Christopher J. Burke, Assistant
United States Attomey for the District of Delaware, and the defendant, Mark Ryan Hoftinan, by and
through the defendant's attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered into
by the respective parties:
I . The defendant shall plead guilty to Count I ofthe Indictment, which charges him with Receipt
of Child Pornography, a violation of Title IS, United States Code, Section 2252A(a)(2) and (b)(l).
This crime carries a maximum penalty of not less than 5 years imprisonment and not more than 20 years
imprisonment, a $250,000 fine, a life term of supervised release (with a minimum mandatory term of
five years supervised release) and a special assessment of $ I 00. At sentencing, the United States will
move to dismiss the remaining counts ofthe Indictment against the defendant.
2. The defendant understands that if there were a trial, the Government would have to prove the
following elements for Count I; (I) the defendant, acting knowingly; (2) received or attempted to
receive child pomography, defined as a visual depiction of a minor engaged in an actual or simulated
sex act and/or the lascivious exhibition ofthe genitals or pubic area; and (3) which child pomography
had moved in interstate and/or foreign commerce by computer.

Case 1:07-cr-00167-SLR Document 16 Filed O3/O4/2008 Page 2 of 3
3. The defendant agrees to pay the $100 special assessment on the day of sentencing. If the
Court orders the payment of any line as part of the defendant’s sentence, the defendant agrees
voluntarily to enter 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.
4. Provided that the United States does not subsequently Ieam of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing a
two-level reduction for acceptance of responsibility, pursuant to U.S.S .G. § 3E 1 . 1 (a). If the defendant’ s
offense level is determined by the Court to be level 16 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3E1.l(b).
5. The defendant agrees to forfeit to the United States his interest in all computer hardware,
sottware, and storage media taken from the defendant’s home by U.S. Immigration and Customs
Enforcement agents and officers ofthe Delaware State Police on or about October 26, 2007.
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. § 3553(a) in detemrining an appropriate sentence. At
this stage (prior to the preparation of the pre-sentence report), the defendant should expect that the
Govemment will recommend that the Court impose a sentence consistent with the sentencing range set
forth bythe 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 attorney or the United States, the defendant will not be allowed
to withdraw his guilty plea on that basis.
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Case 1:07-cr-00167-SLR Document 16 Filed O3/O4/2008 Page 3 of 3
COLM F. CONNOLLY
United States Attorney
J . By. www ig -»%l?rL
uis A. Ortiz, ' Christopher J. Burke
Attorney for Defendant Assistant United States Attorney
Mark Ryan I-10f%%
Defendant
Dated: M Lh 2003
AND NOW this 4-* day of M ,2008, the foregoing Memorandum
of Plea Agreement is hereby accepted) rejected) by this Court.
Honorable Sue Lg aéobinson
United States District Court
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