Free Proposed Plea Agreement - District Court of Delaware - Delaware

C Case 1 :07-cr-00018-GIVIS Document 8 Filed 05/14/2007 Page 1 of 4
- . U.S. Department of Justice
` United States Attorney ’.s· Ojjine
_ ‘ District of Delaware
Nemours Building (302) 573-6277
_ 1007 Orange Street, Suite 700 FAX (302) 573-6220
` P. O. Box 2046
_ Wilmington, Delaware 19899-2046
May 14, 2007
The Honorable Joseph J. Farnan, Jr. .
- _ United States District Judge l
District of Delaware
_ 844 King Street
Wilmington, DE 19801
. ` Re: United States v. Barry M. Young -
Criminal Action No. 07-18-JJF ·
` Dear Judge Faman: _
The defendant has agreed to change his plea pursuant to the enclosed Memorandum of Plea
Agreement. The parties respectfully request that the Court schedule a Change of Plea hearing with
_ counsel. An original, executed Memorandum will be submitted at the Change of Plea hearing. 2
` Respectfully submitted,
J COLM F. CONNOLLY
United States Attorney ,
_ r J A BY; (//2;-— y j
e lana H. Eisenstein , ·
" Assistant United States Attorney p
Enclosure _ U J
cc: Victor Bittaglia, Sr., Esquire U U n. ‘ _
p Clerk, U.S. District Court U

Case 1 :07-cr-00018-GIVIS Document 8 Filed 05/14/2007 Page 2 of 4
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
UNITED STATES OF AMERICA, ) ` is
_ v. g Criminal Action No. 07-18-JJF
BARRY M. YOUNG, )
‘ )
`
_ Defendant. )
n MEMORANDUM OF PLEA AGREEMENT I
l Pursuant to discussions between the United States of America, by and through its attorney, Ilana
H. Eisenstein, Assistant United States Attorney for the District of Delaware, and the defendant, Barry
M. Young, by and through his attorney, Victor Bittaglia, Sr., Esquire, the following agreement is
hereby entered into by the respective parties: A
The defendant shall plead guilty in the United States District Court for the District of
Delaware to Counts I and lI of the Indictment, each of which charges him with making a false and
fraudulent material statement, in violation of 18 U.S.C. § l00l(a). The maxinrum penalties for each l
l offense are not more than five years of imprisonment, a $250,000 fine, or both, three years of
· U n supervised release, and a $100 special assessment.
· 2. The defendant understands that if there were a trial, the Government would have to prove
l the following elements with respect to each Count ofthe Indictment: (l) the defendant made a false
- statement to a department or agency of United States government regarding a matter within its
jurisdiction; (2) the defendant made the statement intentionally, knowing that it was false; (3) the
statement was material; and (4) the defendant made the false statement for the purpose of misleading
I the federal agency or department.
3. The parties stipulate and agree that, based on information known to date, that the Z
government’s evidence is sufficient to prove that the loss resulting from the defendant’s offense I

_ - Case 1 :07-cr-00018-GIVIS Document 8 Filed 05/14/2007 Page 3 of 4
. conduct and the conduct for which the defendant is held responsible. pursuant to United States
Sentencing Guideline ("U.S.S.G.") Section lB 1 .3(a)(2) (relevant conduct) is greater than $3 0,000
· but less than $70,000, pursuant to U.S.S.G. Section 2Bl.l(b)(l)(D) ofthe November l, 2006, U.S.
p Sentencing Guidelines Manual. Accordingly, before any other adjustments, the defendant’s offense n
U level is 12.
4i 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
l l appropriate sentence. At this stage (prior to the preparation ofthe pre-sentence report), the defendant
should exp ect that the Government will recommend that the Court impose a sentence consistent with g
l the sentencing range set forth by the sentencing guidelines. The defendant tmderstands, however,
that the ultimate determination of an appropriate sentence will be up to the sentencing judge. The
l 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 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.
5. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of the
.defendant’s timely guilty plea, a two-point reduction in the Offense Level for the defendant’s I
affirmative acceptance of responsibility is appropriate, pursuant to Sentencing Guideline Section l
3El.l.
6. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
I . 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 `
t 2 t

` Case 1 :07-cr-00018-GIVIS Document-8 Filed 05/14/2007 Page 4 of 4 ‘
_ Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on defendant’s
I behalf to the payment of the outstanding debt ordered.
U ‘ 7. Government agrees that it will dismiss Counts III and IV of the Indictment on the day of
sentencing. i
8. The United States Attomey reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
9. It is further agreed by the undersigned parties that this Memorandtun 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
?...... .. By=?.;..._..___;
Victor Bittaglia, Sr., Esquire Ilana H. Eisenstein
Attorney for Defendant Assistant United States Attorney
Barry M. Young
Defendant `
l Dated: E
AND NOW, this day of 2007, the foregoing Memorandum of ‘
` ` Plea Agreement is hereby (accepted) (rejected) by this Court.
` Honorable Joseph J. Farnan, Jr. _
United States District Judge
. 3