Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr—OOO36-GIVIS Document 21 Filed O9/O4/2007 Page 1 of 3 .
i IN THE UNITED STATES DISTRICT COURT
i FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA , ) -
Plaintiff, g
v. ) Criminal Action No. 07-36-GMS
ANTHONY S. RODRIGUEZ, I
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
A Edmond Falgowski, Assistant United States Attorney for the District of Delaware, with the consent and
knowledge ofCoIm F. Connolly, United States Attorney for the District ofDe1aware, and the defendant,
Anthony S. Rodriguez, by and through his attorney, E1eniKousou1is, Esquire, the following agreement
is hereby entered into by the respective parties:
1. The defendant shall enter a guilty plea to the one count Indictment, charging Possession of
a Firearm by a Felon, in violation ofTit1e 18, United States Code, Sections 922(g)(1) and 924(a)(2), and
carrying the maximum penalty of ten years incarceration, a $250,000 fine, three years supervised
~ release, and a $100 special assessment.
I 2. The elements of Possession ofa Firearm by a Felon are as follows:
a. The defendant possessed a firearm,
b. The defendant’s possession was knowing,
c. At the time of the defendant's possession, the firearm had affected interstate
commerce, and ,

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l d. At the time of the defendants possession he was a convicted felon.
3. Provided that the United States does not learn after the defendant’s entry of a guilty plea of
conduct by the defendant inconsistent with acceptance of responsibility, the United States agrees to
recommend at sentencing a two—level reduction for acceptance of responsibility under U.S.S.G.
§ 3El.l(a). If the defendant’s offense level is 16 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3El .l(a) and (b).
C 4. The defendant agrees to pay the $lOO special assessment the day of sentencing. Should he
fail to do so, the defendant agrees to voluntarily enter the United States Bureau ofPrisons’ administered
program known as the Inmate Financial Responsibility Program through which the Bureau of Prisons
will collect a portion o‘fdefendant’s prison salary and apply it on defendant’s behalfto the payment of
the outstanding debt ordered.
5. 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 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 sentencingjudge. The 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 ifthe Court imposes a sentence
outside the range set forth in the Sentencing Guidelines, or otherwise different than the defendant
l expected, or contrary to the recommendation of his attomey or the United States, the defendant will not
be allowed to withdraw his guilty plea on that basis.
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6. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe modined 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, unless they comport
with the subsequent written modification requirements of this paragraph.
COL [ (QQ i fi Y
l e S tes to}y
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rf gl, ,, Q ~ [Qu L6 ’”
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Eleni Kousoulis, Esquire •\ o d Fal ow ·. V
Attomey for Defendant Assistant United • ates Attorney
Qglbsmi S. Q<:¤i\»&·=»[ or 2
Anthony S. odriguez
Defendant
Datedq eq ’ i
. H rt`
AND NOW, this day of · 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) (rejected-)·by this Court.
Iio§rérab1e §regoryiM. Sleet §
United States District Court
A F I L E D
. I SEP · 4 2007
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