Free Plea Agreement - District Court of Delaware - Delaware


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Date: January 14, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cr-00091-SLR Document 62 Filed O1/10/2008 Page 1 of 4 ,
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, 3
v. g Criminal Action No. 07-91 -2 SLR
CHRISTOPHER J. PHILLIPS, g
Defendant. 3 ‘
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Edmond Falgowski, Assistant United States Attorney for the District of Delaware, and Colm F.
Connolly, United States Attorney for the District of Delaware, and the defendant, Christopher J.
Phillips, by and through the defendants attorney, Raymond M. Radulski, Esquire, the following
agreement is hereby entered into by the respective parties-:
l. The defendant shall waive indictment and enter a guilty plea to a one count Information,
charging Distribution of Child Pornography, a violation of Title 18, United States Code, Section
2252A(a)( 1) and (b)(l), which carries a maximum penalty of not less than 5 years imprisonment and
not more than 20 years imprisonment, a $250,000.00 fine, a life term of supervised release, or any
or all ofthe above, and a special assessment of $100. At sentencing the United States will move to S
dismiss the Indictment as it relates to and charges the defendant.

I 5 Case 1:07-cr-00091-SLR Document 62 Filed O1/10/2008 Page 2 of 4 V
2. The defendant acknowledges that the elements of the offense are as follows:
a. Acting knowingly I _
b. the defendant transmitted child pornography, defined as a visual depiction of
a minor engaged in an actual or simulated sex act and/or the lascivious
exhibition of the genitals or pubic area,
c. in interstate commerce by computer.
The defendant admits that on or June l6, 2006, he used an Internet connected computer to have an
online chat conversation with Paul R. Thielemann (Thielemann), a separately indicted co-
conspirator, during which they also used web cams to view each other. While transmitting on web
cam to Thielemann, the defendant had on his lap a minor, visible to Thielemann, and at
Thi elemann’s encouragement and inducement the defendant did simulate masturbation ofthe minor,
and did pose the minor in order to effect the lascivious exhibition of the minor’s pubic area.
3. The defendant agrees to pay the special assessment on the day of sentencing. If the Court
orders the payment of any fine as 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. The defendant acknowledges that he has been put on notice that the Govermnent will
argue at sentencing that the Court should calculate the defendant’s Guideline range under U.S.S.G.
Section 2G2. 1, pursuant to the cross-reference set forth in Section 2G2.2(c). _ I
5. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing
2

, . Case 1:07-cr-00091-SLR Document 62 Filed O1/10/2008 Page 3 of 4
a two—level reduction for acceptance of responsibility under U.S.S.G. Section 3El.l(a). If the
defendant’s offense level is 16 or greater, the United States will move for an additional one point _
reduction, pursuant to U.S.S.G. Section 3El.l(a) and (b).
6. The defendant agree to forfeit to the Delaw e State Police and to Unit d States his
£4d,, D I 6/vigyf .D•/D Ciwwkj ’
interest rn all computer hardwarcx so are, and storage media taken from the defendant s home by
(LMA/`_ DSP officers on or about March 8, 2007. ‘
7. 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 ofthe pre-sentence report), the defendant
should expect that the Government will recommend that the Court impose a sentence consistent with I
the sentencing range set forth by the sentencing guidelines. The defendant understands, however, I
that the ultimate detennination 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.
S. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe 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
3

Case 1 :07-cr-00091-SLR- `tD¤euH1em`e2 `R " Filed 01/i 6/édoe Page 4 er 4 y
made prior to or after this Memorandum are null andgvoid and have no effect whatsoever, unless they
comport with the subsequent written modification requirements of this paragraph.
COLM F. ( Y
United ates rney
\ NR" . it -
» Raymond M. Radulski, Esquire Edmond Falgowski i
Attorney for Defendant Assistant United States Attorney
7
_ A-
Christopher J. Phillip "`
Defendant
Dated: {.·- [Q ·‘ O Q
AND NOW this }O** day of , 2008, the foregoing
Q
Memorandum of Plea Agreement is hereb accepted) rejected) by this Court.
I HONORABLE L. ROBINSON .
United States District Court
4