Case 1:O7—cr—OOO98-SLR Document 23 Filed O1/07/2008
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. g Criminal Action No. 07-98-SLR
CARL W. WILSON, JR., i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States ofAmerica, by and through its attorney, Colm
F. Connolly, United States Attorney for the District of Delaware, and Edmond Falgowski, Assistant
United States Attorney for the District of Delaware, and the defendant, Carl W. Wilson, Jr., by and
through the defendant's attorney, Richard R. Wier, Jr., 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 Possession of Child Pomography, a violation of Title 18, United States Code, Section
225i2A(a)(5)(B) and (b)(2), which carries amaximum penalty often years imprisonment, a $250,000.00
fine, a life term of supervised release, or any or all of the above, and a special assessment of $l00. At
sentencing the United States will move to dismiss the Indictment against the defendant.
2. The defendant acknowledges that the elements of the offense are as follows:
a. The defendant possessed 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;
b. The defendant knowingly possessed the child pornography, and;
Case 1:O7—cr—OOO98-SLR Document 23 Filed O1/07/2008 Page 2 of 3
c. The child pornography had been transported in interstate commerce, or was
produced using materials which had been transported in interstate commerce.
3. The defendant agrees to pay the special assessment on the day of sentencing. lf the Court
orders the payment of any fine as part ofthe 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 learn 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 under U.S.S.G. § 3E1.1(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. § 3El.1(a) and (b).
5. The defendant agrees to forfeit to the United States his interest in all CD ROM disks
containing contraband taken from the defendant’s home by the Delaware State Police on or about
May 25, 2007. Computers and digital media seized that day and containing no contraband will be
6. The defendant understands that the District Corut 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
C 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
expectedSbi%%n1trQ1%7fB"tliQQi§1lrrIeirdatIii¥?1°dil'HEr}1Ttt%r?lie5/ thdDcl%$§rd;aHf will not
be allowed to withdraw his guilty plea on that basis.
7. 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 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.»—.]
Unit `;States Atto •· e- ,.-“ /
_ _ jx j Z-;
— = r 1, I J “
Richard R. Wier, ., Esquire Edmond Falgow/s i
Attomey for Defendant Assistant Unit • tates Attomey
Carl W. %ilson, Jr.
AND NOW this 77*** day of , 2008, the foregoing
Memorandum of Plea Agreement is hereby . ccepted) rejected) by this Court.
HOFO%iEiL2 SUE ROBINSON
United States District Court