Free Proposed Plea Agreement - District Court of Delaware - Delaware

_ ` Case 1 :07-cr-00010-JJF Document 14 Filed 04/19/2007 Page 1 of 3 n
‘ IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT DELAWARE
I an I I UNITED STATES OF AMERICA, : n _
_ ‘ Plaintiff] A
l v. - Criminal Action No. 07-00010-JJF l -
WALTER RASHAUN ANDERSON,
A I I I ` Defendant. =
` [ MEMORANDUM OF PLEA AGREEMENT
l l l l Pursuant to discussions between the United States of America, by and through its attorney,
I · · Sophie E. Bryan, Assistant United States Attorney for the District of Delaware, with the consent and
_ l knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the U
l l defendant, Walter Rashaun Anderson, by and through his attorney, James F. Brose, Esquire, the ‘ .
. following agreement is hereby entered into bythe respective parties:
_ ` A 1. The defendant shall plead guilty in the United States District Court for the District of
_ Delaware to Count One of the one-count Indictment returned against him, charging him with *
_. knowingly possessing counterfeited securities of an organization with the intent to deceive another l
I . _ · organization, in violation of 18 U.S.C. § 513(a), which statute carries amaximum sentence of a tenn I
l l of imprisonment of ten years, a fine of $250,000, or both; three years of supervised release; and a
. ` ‘ -- ·· $100 mandatory special assessment. . · _
in ` . 2. The defendant understands that if there-were a trial, the Govemment would have to prove
the elements ofthe offense charged in the Indictment as follows. The Government would have to

S · I _ Case 1 :07-cr-00010-JJF Document 14 Filed 04/19/2007 Page 2 of 3
‘ prove that (1) the defendant knowingly possessed counterfeited securities of an organization (2) with
i. - the intent to deceive another organization.
I Provided that the Government does not subsequently learn of conduct by the defendant
` inconsistent with acceptance of responsibility, the Government agrees that in consideration of the
_ . l defendant’s timely guilty plea, it will not oppose a two-level reduction in the Offense Level for the
l _ defendant’s affirmative acceptance of responsibility, pursuant to Sentencing Guidelines Section
. _ 3El . l(a). i
" ‘ The defendant understands that the District Court must consider the United States I
. l Sentencing Guidelines and the factors set forth in 18 U.S.C. § 3553(a) in determining an appropriate
sentence. At this stage (prior to the preparation of the pre-sentence report), the defendant should . E
_ expect that the Government will recommend that the Court impose a sentence consistent with the i
I I 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
I I . imposes a sentence outside the range set forth in the sentencing guidelines, or otherwise different 1
__ I _ than the defendant expected, or contrary to the recommendation of his attomey or the United States,
I -‘ I the defendant will not be allowed to withdraw his guilty plea on that basis. T
i _ I 5. The defendant agrees to pay a $100 special assessment on the day of sentencing. Should
- _ I ji .. he fail to do so, the defendant agrees to voluntarily enter the United States Bureau of Prisons’
I - '_ administered program known as the Inmate Financial Responsibility Program through which the

_ Case 1 :07-cr-00010-JJF Document 14 Filed 04/19/2007_ Page 3 of 3
I 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.
I 6. The United States Attorney reserves the right to defend any ruling of the District Court
I should there be an appeal hom this case.
` - 7. It is ftuther 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
I ` statements made prior to or after this Memorandum are null and void and have no effect whatsoever,
I ‘ - unless they comport with the subsequent written modification requirements of this paragraph.
· . COLM F. CONNOLLY
` United States Attorney
` _ I By: _.. _......
James F. Brose, Esquire Sophie E. Bryan
Attorney for Defendant Assistant United States Attomey e
` Walter Rashaun Anderson
Defendant
I Dated: I
_ AND NOW, this day of 2007, the foregoing Memorandum of
-_ Plea Agreement is hereby (accepted) (rejected) by this Court. E
I .. The Honorable Joseph J. Farnan, I r. I
_ ` p United States District Court y
_ _ ‘ - District of Delaware _