Free Plea Agreement - District Court of Delaware - Delaware

I Case 1:07-cr-00075-GIVIS Document 17 Filed 10/18/2007 Page 1 of 4
A UNITED STATES DISTRICT COURT
l FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
: Criminal Action No. 07-75-GMS
Plaintiff, :
v. :
CALVIN A. PETERSON,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys, _
Colm F. Connolly, United States Attomey for the District of Delaware, and Seth M. Beausang,
Assistant United States Attomey for the District of Delaware, and the defendant, Calvin A. Peterson,
by and through his attomey, Eleni Kousoulis, Esquire, the following agreement is hereby entered into
by the respective parties:
1. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One ofthe Indictment, which charges him ith being a felon in possession of a
*1 Evbbr gflr) @19 lg`? l0’l firearm, in violation of 18 U.S.C. §§ 922(g)(l) & 924(a)(}/), which carries a maximum term of
imprisonment of ten (10) years, a fine of $250,000, three years of supervised release, and a $100
special assessment. _
2. The defendant understands that if there were a trial, the Government would have to prove
the three elements of the offense charged in Count One, namely, that on or about April 5, 2007, in
the State and District of Delaware, the defendant Calvin A. Peterson, did (1) knowingly possess a
firearm, that is a Cobra .380 caliber handgun, serial number FS006864, (2) after having been
convicted of a crime, punishable by imprisonment for a term exceeding one year, in the Superior

A Case 1:07-cr-00075-GIVIS Document 17 Filed 10/18/2007 Page 2 of 4
Court for the State of Delaware in and for New Castle County, on or about May ll, 2005, and (3)
which fireann had previously been shipped and transported in interstate or foreign commerce, that
is, that the fireann had previously crossed state lines or entered the United States from another
country. The defendant knowingly, voluntarily and intelligently admits his guilt to those three
elements of the offense charged in Count One of the Indictment.
3. The defendant agrees to forfeit all interests in the firearm involved in the violations alleged
in Count One ofthe Indictment, to wit, a Cobra .380 caliber handgun, serial number FSO06864,
which was seized in the State and District of Delaware on or about April 5, 2007. The defendant
further agrees to forfeit all interests in any and all property that was seized from the defendant by any
federal, state or local govemment officials on or about April 5, 2007. The defendant further agrees _
to waive all interest in any such assets described in the preceding two sentences in any administrative
or judicial 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 ofthe forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the
judgment. The 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 l1(b)(l)(J), at the time his guilty plea is accepted.
4. 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 of the pre-sentence report), the
defendant should expect that the Government will recommend that the Court impose a sentence
consistent with 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
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i Case 1:07-cr-00075-GIVIS Document 17 Filed 10/18/2007 Page 3 of 4
V 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.
5. Provided that the United States does not subsequently learn of conduct by the
defendant inconsistent with acceptance of responsibility, the United States agrees that in
consideration of the defendant’s timely guilty plea, a two—p0int reduction in the Offense Level for
· the defendant’s affirmative acceptance of responsibility is appropriate, and the Government will
move for an additional one—point reduction, pursuant to Sentencing Guideline Section 3El.l. _
6. The defendant agrees to pay the $100 special assessment on the day of sentencing.
Should he fail to do so, the Defendant agrees to voluntarily enter the United States Bureau of
Prisons’ administered program known as the Inmate Financial Responsibility Program through
which the Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on
defendant’s behalf to the payment of the outstanding debt ordered.
7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
8. It is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the parties; that this Memorandum may be
modified only in writing signed by all the parties; and, that any and all promises, representations, N
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Case 1:07-cr-00075-GIVIS Document 17 Filed 10/18/2007 Page 4 of 4
and statements made prior to or after this Memorandum are null and void and have no effect
whatsoever.
COLM F. CONNOLLY
United States Attorney
Cj . . ’ ` .. * —·—· ‘“”‘·*
Hy: M-A wa ..5iiL.k»=—l<» v ~ ·“YL»
Eleni Kousoulis, Esquire ·_ Set MF=\l§_eaus ng
Attomey for Defendant ‘· istant Uni ed States Attomey
‘ " ri . = *
Dated: O C+O béif, i g , 2007. Dated; ~--)Qi`Y»‘i@‘¥-¤ I Ig , 2007.
Calvin A. Petersgn A i
Defendant _
Dated: Oc 0 , A , 2007.
. 4 A Q E .
AND NOW, this [ day of · , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) ( ` y this Court.
The H norable regory M. Sleet
United States District Court
District of Delaware
F I L E D
OCT l 8 2007
¤%?¤li!?`$*é%TEE§’»9E§E
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