FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA , )
Plaintiff i
v. ) Criminal Action No. 07-l9—JJF
MARIO T. WOODING, i
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys, Colm
F. Connolly, United States Attomey for the District of Delaware, and Edmond Falgowski, Assistant
United States Attomey for the District of Delaware, and the defendant, Mario T. Wooding, by and
through his attorney, Edson A. Bostic, Esquire, the following agreement is hereby entered into by the
respective parties:
1. The defendant shall enter a guilty plea to Count 2 ofthe Indictment, charging Possession of
a Firearm During and in Relation to a Drug Trafficking Offense, in violation of Title 18, United States
Code, Section 924(c)( l ), which carries the maximum penalty of life incarceration and not less than five
years incarceration which carmot be substituted with probation and which cannot run concurrently with
any term of imprisonment imposed, a $250,000 fine, three years supervised release, and a $100 special
assessment. The United States will move to dismiss the remaining counts of the Indictment at
sentencing.
2. The elements of Possession of a Firearm During and in Relation to a Drug Trafficking
Offense are as follows:
a. The defendant committed a drug trafficking crime that may be prosecuted in a
court of the United States;
1- J Case 1:07-cr-00019-JJF Document 41 Filed O4/18/2008 Page 2 of 3
b. The defendant possessed a firearm in furtherance of such crime;
c. The possession of the firearm advanced the offense in some way.
3. Provided that the United States does not subsequently learn 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).
4. The defendant agrees to pay the special assessment of $100 the day of sentencing. Should
he fail to do so and the Court orders aprison sentence, the defendant agrees to voluntarily enter the
United States Bureau of Prisons’ administered Financial Responsibility Program through which the
Bureau of Prisons will collect a portion of the defer1dant’s prison salary and apply it on the defendant’s I
behalf to the payment of any outstanding debt ordered,
5. The defendant agrees to not contest any state and/or federal administrative forfeiture
proceedings regarding a .25 caliber, semi—automatic pistol, manufactured by Raven Arms, serial number
495350, seized by Wilmington Police Department officers on or about January 8, 2007, and to
otherwise forfeit to the United States any interest he may have in that firearm.
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 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
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
2
j Case 1:07-cr-00019-JJF Document 41 Filed O4/18/2008 Page 3 of 3
expected, or contrary to the recommendation of his attorney or the United States, the defendant will not
be allowed to withdraw his guilty plea on that basis.
7. lt 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 of this paragraph.
C F. C0 LLY
· ¤ St · ~ Attome
4 t,. <, x
_ · Aer! ~ ‘ I `
' By /4_
/dson A. Bostic, Esquire Edmond Fal uwski
Attorney for Defendant Assistant Un ed States Attorney
Mario T. Woodin; E
Defendant l
Dated; i»(/ [(2* *
it
AND NOW, this day of 2003, the foregoing Memorandum
of Plea Agreement is hereby ( by this Court.
Honfirab Jos§h F gan, Jr. é
Unite ates Distric ourt
3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms