Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-or-00035-SLR Document 17 Filed 07/30/2007 Page 1 of 4
U.S. Department of Justice
. United States Attorney ’s Ojice
`-»:E;iQ,i;i,..···" . District of Delaware
. (302) 573-62 me 122
I007 Orange Street, Suite 700 FAX (302) 573-6220
P.O. Box 2046
Wilmington, Delaware 19899-2046
July 30, 2007
Honorable Sue L. Robinson
United States District Court
J. Caleb Boggs Federal Building
844 King Street
Wilmington, Delaware 19801 ‘
Re: United States v. Irvin J. Lewis ·
Criminal Action N0. 07-35-SLR
Dear Judge Robinson:
The defendant is prepared to enter a guilty plea pursuant to the terms of the enclosed 1
Memorandum of Plea Agreement, the original of which will be submitted to the Court at the change A
of plea hearing. As the Government’s chief witness is scheduled to begin active military service
overseas in early September, the United States requests that the change of plea hearing be scheduled
at the Court’s earliest convenience.
l Respectfully submitted,
COLMT. co 1
U States
BY: It J _ l
Edmond Fal ow i
_ Assistant Unite States Attorney
cc: Edson A. Bostic, Esquire K

I , I Case 1 :07-or-00035-SLR Document 17 Filed 07/3-O/2007 Page 2 of 4
IN TI-IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA , )
` Plaintifi I
v. ) Criminal Action No. 07-35-SLR
IRVIN J. LEWIS, I
n Defendant. I
I I MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey,
Edmond Falgowski, Assistant United States Attorney for the District of Delaware, with the consent and
knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the defendant, _
Iwin J. Lewis, by and through his attorney, Edson Bostic, Esquire, the following agreement is hereby I
entered into by the respective- parties: I
l- The defendant shall enter a guilty plea to the one count Indictment, charging Possession of
l a Fireann by a Felon, in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2), and
carrying the maximum penalty _of ten years incarceration, a $25.0,000 fine, three years supervised
release, and a $100 special assessment.
2. The elements of Possession of a Firearm by a Felon are as follows: p
I a. The defendant possessed a firearm; I
b. The defendant's possession was knowing;
c. At the time of the defendant's possession, the firearm had affected interstate l
corminerce, and;

` E · ` Case 1 :07-cr-00035-SLR Document 17 Filed 07/30/2007 Page 3 of 4
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.
1 § 3El.l(a). lf 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. § 3E1.l(a) and (b).
- 4. The Government agrees to recommend at sentencing a period of incarceration at the lowest
i end of the Guideline range ultimately adopted by the Court. The defendant aclmowledges that he 1 n
understands this recommendation is not binding on the Court. The defendant further understands that -
the Government reserves the right to argue prior to sentencing the applicability of the Sentencing
Guidelines to the defendant’s case.
5. The defendant agrees to pay the $100 special assessment the day of sentencing. Should he
fail to do so, and be sentenced a term of incarceration, 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 I
apply it on defendant’s behalf to the payment of the outstanding debt ordered.
I 6. 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 35 5 3(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 sentencing judge. The Court may impose a
sentence which exceeds, falls below, or is contained within the sentencing range prescribed by the

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. 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 guilty plea on that basis.
7. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe modilied only
in writing signed by all the parties; and that any and all promises, representations and statements made
prior to or after this Memorandmn are null and void and have no effect whatsoever, unless they comport
with the subsequent written rnodiiication requirements of this paragraph.
I COLM F. CONNOLLY
' Unit es Attorney '
. ’ QW! A By·
Edson Bostic, Esquire on algowski
Attomey for Defendant Assistant United States Attorney
- Irvin J. Lewis
Defendant l q
Dated:7‘)O’O_?
AND NOW, this day of ‘ , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) (rejected) by this Court.
. Honorable Sue L. Robinson '
Chief Judge, United States District Court q
3