Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT T .
FOR THE DISTRICT OF DELAWARE ` ' " ' "
UNITED STATES OF AMERICA, )
V, g Criminal Action No. 07-68-JJF
) Criminal Action No. 07-78-JJF
WADE GRAY, )
Defendant. T
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, Ilana H. Eisenstein, Assistant
United States Attorney ibr the District of Delaware, and Martin Meltzer, Special Assistant United
States Attorney, and the defendant, Wade Gray, by and through his attorney, Eleni Kousoulis,
Esquire, the following agreement is hereby entered into by the respective parties:
1. The defendant shall plead guilty to Count One ofthe Indictment in Criminal Action
Number 07-68-.UF, charging him with being a felon in possession of a firearm, in violation of
18 U.S.C. § 922(g)(l), which carries a maximum sentence of a term of imprisonment of ten years,
a fine of $250,000, or both, three years supervised release, and a $100 special assessment.
2. The defendant shall also plead guilty to Count One of the Indictment in Criminal
Action Number 07-78-JJF, charging him with failure to register as a sex offender, in violation of
Title 18, United States Code, Section 2250(a), which carries a maximum sentence of a term of
imprisonment of ten years, a fine of $250,000, or both, three years supewised release, and a $100
special assessment.
3. As to Count One of the Indictment, in Criminal Action Number 07-68-.UF, the
defendant understands that if there were a trial, the Govemment would have to prove the following
elements ofthe crime ofbeing a felon in possession ofa firearm: (1) on or about April 24, 2007, he

_ Case 1:07-cr-00078-JJF Document 11 Filed O9/24/2007 Page 2 of 4
knowingly possessed a firearm; (2) he had previously been convicted of a crime punishable by more A
than one year of imprisonment; and (3) the firearm affected interstate commerce, that is, that the I
firearm had previously crossed state lines. The defendant admits that, on April 24, 2007, he
knowingly possessed a firearm, to wit, a Armi Tanfoglio Giuseppe, Model 27, .25 caliber pistol,
serial number l\/lK2l590, after having been convicted, on January ll, 2007, of possession of a
firearm by a felon in the Halifax County Superior Court in the State of North Carolina, which is a
crime punishable by more than one year of imprisonment.
4. As to Count One of the Indictment in Criminal Action Number 07-7S—JJF, the
defendant understands that if there were a trial, the Government would have to following elements
oft.he crime of failure to register as a sex offender: (1) the defendant is a person required to register il
under the Sex Offender Registration and Notification Act, Title 42, United States Code, Section
l690l gag, ("SORNA"); (2) who traveled in interstate commerce subsequent to his conviction for I
a sex offense, to wit, a conviction on July 19, 2000, in the state of North Carolina for Solicitation
to Commit a Second Degree Sex Offense; and (3) knowingly failed to register and update a
registration as required by SORNA. The defendants admits that: (1) he was convicted on or about
July 19, 2000 in the state ofNoi1h Carolina, ofSolicitation ofCommit a Second Degree Sex Offense
and was therefore required to register under SORNA; (2) in February 2007, he traveled from the state
of North Carolina to reside in the District of Delaware; and (3) knowing that he was required to
register, failed to do so.
S. The parties stipulate and agree that Criminal Action Number 07-68-J J F and Criminal
Action Number 07-78-JJF may be consolidated for purposes of the change of plea and sentencing
hearing.
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6. The defendant agrees to forfeit all interests in the firearm and ammunition involved t
in the violation alleged in Count One ofthe Indictment in Criminal Action Number 07-68-JJF, to
wit, a Armi Tanfoglio Giuseppe, Model 27, .25 caliber pistol, serial number MK2l590 seized from V
him by police on or about April 24, 2007. The defendant further agrees to waive all interest in any
such asset in any administrative or j udicial forfeiture proceeding, whether criminal or civil, state or .
federal. The defendant agrees to consent to the entry of orders of forfeiture for such 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 ofthe forfeiture in the judgment. Defendant acknowledges that he understands that the
forfeiture of assets 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 l l(b)( l)(J), at the time his guilty plea is accepted.
7. Provided that the United States does not subsequently leam 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 qualifies for such a
decrease under United States Sentencing Guideline Section 3El.l(b).
8. 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 detemiining 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
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
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Case 1:07-cr-00078-JJF Document 11 Filed O9/24/2007 Page 4 of 4
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 guim plea on that basis.
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9. The defendant agrees to pay the Ii410(i°’special assessment at the time of sentencing
10. The United States Attomey reserves the right to defend any mling ofthe District
Court should there be an appeal from this ease. A
11. 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, {
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unless they compoit with the subsequent written modification requirements of this paragraph. Zi
COLM F. CONNOLLY
n`ted St tes At orney
t I \ t N
Middx;} tgfggig BY: iii
Wade Gray lla I3 H. isenstein
Defendant _ As `stan nited Sta es Attorney
Eleni Kousoulis, Esquire Martin Meltzer t
Attomey for Defendant Special Assistant United tates Attomey
Dated: Ci »—Ql—i—Q>‘]
AND NOW, this da }2007, the foregoing Memorandum of
Plea Agreement is hereby y this Court. i in
_,,. ·i T t i
Honor e b ep x . aman,Ji·_
United tates District Court Judge
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