Free Plea Agreement - District Court of Delaware - Delaware

· Case 1:07-cr-00030-GIVIS Document 13 Filed O9/05/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action No. 07-30-GMS
BRAD LEE DERRICKSON, )
Defendant. )
MEIVIORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomeys,
Edmond Falgowski, Assistant United States Attorney for the District of Delaware, and Colm F.
Connolly, United States Attomey for the District ofDelaware, and the defendant, Brad Lee Deirickson,
by and through the defendant's attomey, James E. Liguori, Esquire, the following agreement is hereby
entered into by the respective parties:
l. The defendant shall enter a guilty plea to Count 6 ofthe Indictment, charging Possession of
Child Pomography, a violation of Title 18, United States Code, Section 2252A(a)(5)(B) and (b)(2),
which cames a maximum penalty of ten years imprisonment, a $250,000.00 fine, a life tema of
supervised release, or any or all ofthe above, and a special assessment of$I00. At sentencing the
United States will move to dismiss the remaining counts ofthe Indictment.
2. The defendant acknowledges that the elements ofthe offense are as follows:
a. The defendant possessed child pornography, defined as a visual depiction of a
minor engaged in an actual or simulated sex act and/or the lascivious exhibition
ofthe genitals;
b. The defendant knowingly possessed the child pornography, and;
c. The child pomography had been transported in interstate commerce, or was
produced using materials which had been transported in interstate commerce.

t Case 1:07-cr-00030-GIVIS Document 13 Filed O9/05/2007 Page 2 of 3
3. The defendant agrees t0 pay the special assessment on the day ofsentencing. Ifthe Court
orders the payment ofany tine as part ofthe defendant’s sentence, the defendant agrees voluntarily to
enter the Inmate Financial Responsibility Program through which the Bureau of Prisons will collect a
portion of the defendant’s prison salary and apply it on the defendant’s behalfto the payment ofthe
outstanding debt ordered.
4. Provided that the United States does not subsequently leam of conduct by the defendant
inconsistent with acceptance ofresponsibility, 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 I6 or greater, the United States will move for an additional one point reduction,
pursuant to U.S.S.G. § 3El .l(a) and (b).
5. The defendant agrees to forfeit to the United States his interest in all computer hardware,
software, and storage media taken from the defendant’s home by ICE agents on or about August I5,
2006.
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 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 ofan 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
expected, or contrary to the recommendation ofhis attomey or the United States, the defendant will not
be allowed to withdraw his guilty plea on that basis.
2

Case 1:07-cr-00030-GIVIS Document 13 Filed O9/05/2007 Page 3 of 3
7. The United States Attorney reserves the right to defend any ruling ofthe District Court should
there be an appeal from this case. The defendant knows that he has, and voluntarily waives, the right
to file any appeal, any collateral attack, or any other writ or motion after sentencing — including but not
limited to, an appeal under 18 U.S.C. § 3742 or a motion under 28 U.S.C. § 2255 - except that the
defendant reserves his right to appeal based on a claim that (1) defendant’s sentence exceeded the
statutory maximum, (2) the sentencingjudge erroneously departed upwards from the guidelines range,
or (3) his counsel provided ineffective assistance.
8. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned 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, unless they comport
with the subsequent written modification requirements ofthis paragraph.
COLM F. NNO
C United es omey
B V /
James E. guori, Esquir Edmond Fal wski
Attome r Defendant Assistant U ed Sta s Attomey
E ·Q-2; ,. ~.éL-’<¤rfi/
Brad Lee Derrickson
Defendant
/` ’ ‘7
Dated: / C »"
AND NOW this 9 day of · ,2007,the foregoing
Memorandum of Plea Agreement is hereby (accepted) ( by this Court.
F I L E D -- — .-
O ORA E G EGOR M. SLEET
Unit d States District Court
SEP — 5 2007
U.S. oismicr COURT 3
DISTRICT OF DELAWARE