Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00092-SLR Document 22 Filed 12/19/2007 Page 1 of 3
I ‘ ‘ IN THE UNITED STATES DISTRICT COURT J _
{ I FOR THE DISTRICT OP DELAWARE in ` . _ V I '
if .i UNITED STATES OF AMERICA, _ ) n I s J , I , n A A _
, _ - Plaintiff] i I ‘ _ l j - ‘
v_ g Criminal Action No. 07-92—SLi{ _ l A '
ROY JOSEPH BENSON, g h n t_ I I _- B
. Defendant. I i e A p , ` J l ‘ p i
a ivmmonannum or PLEA AGREEIVIENT i I
A Pursuant to discussions between the United States of America, by and through its attontey, Colm r j
_ 2 a F. Connolly, United States Attorney for the District of Delaware, and Edmond Falgowskii, Assistant ` l
United States Attorney for the District of Delaware, and the defendant, Roy oseph Benson, by and A
1 through the defendant's attorney, James F. Brose, Esquire, the following agreement is hereby entered T
into by the respective parties: n _ n
I I - 1. The defendant shall waive indictment and enter a guilty plea to a one count Information, n J
J charging Possession of Child Pornography, a violation of Title 18, United States Code, Section _ D P
2252A(a)(5)(B) andp(b)(2),‘ which carries a maximum penalty of a term of imprisonment for not less lj
_ ” _ than two years and not more than ten years , a $250,000 fine, three years supervised reieaseapi any or _ S · _
_ l A A- n . all ofthe above, and a special assessment of $100. 'At sentencing the United States will move tp dismiss _ - ;
· 1 ‘ the Indictment against the defendant. I . A l I ‘ I rr pi
A ‘ p 2. The defendant acknowledges that the elements of the offense are as follows; _ I Y -
a. The defendant possessed child pornography, defined as a visual depiction of a n {
minor engaged in an actual or simulated sex act and/or the lascivious exhibition
of the genitals or pubic area; D p
_ b., The defendaimknowirigly possessed the child pornography, and; nlr. ,_ ,e`_` A I -

Case 1:07-cr-00092-SLR Document 22 Filed 12/19/2007 Page 2 of 3 an
; i s c. The child pornography had been transported in interstate commerce, or was
y produced using materials which had been transported in interstate commerce. i
‘ . 3. The defendant agrees to pay the special assessment on the day of sentencing. If the Court t
D orders the payment of any fine as part ofthe defendant’s sentence, the defendant agrees vohnitarily to by
. 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 . n i ·
outstanding debt ordered. . _ t S U
_ at ` ° 4. Provided that the United States does not subsequently learn of conduct bythe defendant It nr n ‘ A
e inconsistent with acceptance of responsibility, the United States agrees to recommend at Seriteseisg a _1 D n ‘
_ I two-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(a). If the defendants i
2 offense level is 16 or greater, the United States will move for an additional one point reduction, ,
E ‘ pursuant to U.S.S.G. §3El.l(a) and (b). ' r - - T . A
U D . 5. The defendant agrees to forfeit to the United States his interest in all computer hardware, an
t software, and storage media taken from the defendants home by the Delaware State Police on or about I
Mme 9, 2007. y t
6. The defendant understands that the District Court must consider the United States Sentencing I
Guidelines and the factors set forth in IS U.S.C. Section 3553(a) in determining an apipropriate n iu
e i W sentence. At this stage (prior to the preparation ofthe pre-sentence report), the- defendant shottld expect ti t 1 n n
U » I S. A that the Government will recommend that the Court impose a sentence consistent with the sentencing he D i i up
‘ range set forth bythe sentencing guidelines. The defendant understands, however, that the ultimate ` S D I
V D . determination of an appropriate sentence will be up to the sentencing judge., The mayiirnpose a L n ` n p
n D l' ` _ sentence which exceeds, falls below, or is contained within the sentencing range prescribed by the- I in-
_ l sentencing guidelines. The defendant expressly acknowledges that if the Court imposes ag sentence if
i outside the range set forth in the sentencing guidelines, or otherwise different than the defendant n _ . 3

Case 1 :07-cr-00092-SLR Document 22 Filed 12/19/2007 Page 3 of 3 _
1 expected, or contrary to the recommendation of his attorney or the United States, the defendant will not p D
I be allowed to withdraw his guilty plea on that basis. ` ` H ' . _ p A
‘ 7. It is further agreed by the parties that this Memorandum supersedes all prior promises, A A
. representations, and statements ofthe undersigned parties; that this Memorandum maybe modified only - A 4
· in writing signed by all the parties; and that any and all promises, representations and statements made l i l
prior to or after this Memorandum are null and void and have no effect whatsoever, unless they comport ._ _
j- p with the subsequent written modification requirements of this paragraph. . at it A l D l 1
. _ COLM F. CONN0 .. ‘ ` D 1 ` l l
p .y up _». ed t t s-A ‘ l l_e. . ‘ ‘ J D · i
r t1 a u t u w l
- `/{ , r/V ’ l lil r Z'- _ ·‘‘; ` 'W l V ` , l i
` James?. uire Edmond Fal w ‘ _
_ · 3(ttomey for Defendant Assistant Unite tates Attorney l - - . D
_%_n* __·,,f K, I ( - _
/ _ seph enson i
_ Defendant p ¥
Dated:]L¤/qv A .
_ AND NOW this ]cH'·~ day of 2007, the foregoing _ l e
_ Memorandum of.Plea Agreement is hereb (rejected) by this `Court. H D ` h _ _ - I _ E
- l ‘-HON ’ · · ' S L. ROBINSON - . ` Q . . ¥_p
_ A _ United States District Court l ` p _ -,‘i A A p