Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff )
v. ) Criminal Action No. 07-34-SLR
TONY L. CLARK, )
Defendant )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey,
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, Tony L.
Clark, 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 with being a prohibited person in
possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), 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 — (1) that on or about February 28, 2007, he knowingly
possessed a firearm, that is, a Smith & Wesson, Model 36, .38 revolver, serial number 609044;
(2) he had previously been convicted of a crime punishable by more than one year’s
imprisonment on or about September 10, 2002; and (3) the firearm affected interstate commerce,
that is, that the firearm had previously crossed state lines.

g l y Case 1 :07—cr—00034-SLR Document 28 Filed 10/24/2007 Page 2 of 3
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 Smith & Wesson, Model 36, .38
revolver, serial number 609044 and f£uwr'?;.38 rounds of ammunition seized from him by
police on February 28, 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
failure by the court to advise him of this, pursuant to Rule ll(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 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 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—00034-SLR Document 28 Filed 10/24/2007 Page 3 of 3
5. 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.
6. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
7. 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
\;Lg i B 2 - O Z:
Eleni Kousoulis, Esquire Shawn E. Martyniak
Attorney for Defendant Special Assistant United · at rrney
ony L. C
Defendant
Dated: lo»2¢l»o 7
A AND NOW, this <>w“*•* day of 0‘7€°b·U‘J , 2007, the foregoing Memorandum
of Plea Agreement is hereb (accepted) rejected) by this Court.
Honorable Sue L. Roérnson
United States District Judge
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