Free Waiver of Indictment - District Court of Delaware - Delaware

I Case 1 :07-cr—OOO52-SLR Document 21 pg/29/@@2],] Qpcage.1 of 2
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
v. i Criminal Action No. 07—52-SLR
MOHAMEDKAMAL KABIRA, i
Defendant. i
)
WAIVER OF INDICTMENT
l. MOHAMEDKAMAL KABIRA, the above named defendant, who is accused of receiving
and facilitating the transportation, concealment, and sale of approximately 300 kilograms of a
substance or material known as “Khat," knowing that said merchandise had been imported and
brought into the United States contrary to law, in violation of Title 18, United States Code, Section
545, being advised ofthe nature of the charges and of his rights, hereby knowingly, voluntarily and
intelligently waives prosecution by indictment and consents that the proceeding may be by
information instead of by indictment.
2. The defendant understands that (a) unless he waives indictment, he could not be charged
with these offenses unless the Grand Jury found probable cause to believe he committed the offenses
and returned an Indictment; (b) the Grand Jury is composed of at least sixteen, but not more than
twenty-three lay persons, and at least twclve of thosc grand jurors must find probable cause to
believe that the defendant committed these offenses before an Indictment could be retumed; and (c)
by waiving Indictment, the Government will be proceeding by a document written by the United
States Attomey and called an Information and the defendant will be prosecuted on that Information,
rather than on an Indictment.
3. The defendant has read and reviewed with his counsel the charges in the Information, and
is satisfied that his counsel has properly explained the chargcs and this waivcr to him.

_ Case 1 :07-cr-00052-SLR Document 21 Filed 06/29/2007 Page 2 of 2
4- No one has made the defendant any promises or threatened or forced the defendant to
waive indictment.
ohamed amal Kabira Si ney L. oore, Esq
Defendant Counsel for Defendant
Date: Ly;