Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr—OOO56-GIVIS Document 14 Filed O9/13/2007 Page 1 of 4
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. l Criminal Action No. 07-56-GMS
OMAR A. BROWN, g
Defendant i
MEMORANDUM OF PLEA AGREEMENT
‘ Pursuant to discussions between the United States of America, by and through its attorney,
Colm F. Connolly, United States Attorney for the District of Delaware, and Shawn E. Martyniak,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Omar
A. Brown, by and through his attorney, Eleni Kousoulis, Esquire, the following agreement is
hereby entered into by the respective parties:
l. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with being a prohibited person in
possession of a firearm, in violation of l8 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 understands that if there were a trial, the Government would have to
prove three elements of the offense ~ (l) that on or about April 20, 2007, he knowingly possessed
a firearm, that is, a Taurus, Model 65, .38semi—automatic hand-gun, serial number ME3l646;
(2) he had previously been convicted of a crime punishable by more than one year’s
imprisonment on or about January l l, 2006; and (3) the firearm affected interstate commerce,
that is, that the firearm had previously crossed state lines.

Case 1:07-cr-00056-GIVIS Document 14 Filed 09/13/2007 Page 2 of 4
3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in
the violation alleged in Count One ofthe Indictment, to wit, a Taurus, Model 65, .38semi—
automatic hand-gun, serial number ME31646 and four (4) .38 rounds of ammunition seized from
him by police on April 20, 2007. The defendant further agrees to waive all interest in any such
asset 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
of the forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and
incorporation of the 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
U failure by the court to advise him ofthis, pursuant to Rule l1(b)(l)(J), at the time his guilty plea
is accepted. T
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 Govemment 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
T within he 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 of the United States, the defendant will not be allowed to withdraw his guilty plea
on that basis.

Case 1:07-cr-00056-GIVIS Document 14 Filed 09/13/2007 Page 3 of 4
5. 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, a two—point 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.1.
6. The defendant agrees to pay the $100 special assessment 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,
and statements made prior to or after this Memorandum are null and void and have no effect
whatsoever.
COLM F. CONNOLLY
United States Attorney
r., I _ - _` r, `· fi _
`P" —·.._ ,
2 ggmbi QIJV2. By; S - " ,
Eleni Kousoulis, Esquire ‘····SlTawn E. Martyni k
Attomey for Defendant Special Assistant Unite tates Attomey
Omar A. Brown
Defendant
Dated:
3

Case 1:07-cr-00056-GIVIS Document 14 Filed 09/13/2007 Page 4 of 4
Hi
AND NOW, this [ Q? day of · , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) this Court.
Hongrable gregory M. Sleet
United States District Judge
F I L E D
VV ! SEP l 3 ZOO? ’ V
us. ousrmcr counr
oisrmcr or DELAWARE
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