Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr-00136-GIVIS Document 20 Filed O3/22/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. ) Criminal Action No. 06-136-GMS
MICHAEL T. JACKSON, J
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey, Robert
F. Kravetz, Assistant United States Attorney for the District of Delaware, with the consent and
knowledge of Colm F. Connolly, United States Attomey for the District of Delaware, and the defendant,
Michael T. Jackson, by and through his attorney, Christopher Koyste, Esquire, the following agreement
is hereby entered into by the respective parties:
_ l. The defendant shall plead guilty in the United States District Court for the Distiict of
Delaware to Count One of the Indictment, which charges him with being a prohibited person in
possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(l) and
924(a)(2), which carries a maximum sentence of a tenn of imprisonment of ten years, a $250,000
fine, or both, three years supervised release, and a $100 special assessment.
2. The Government agrees to dismiss, at the time of sentencing, Count Two of the
Indictment, which charges the Defendant with possession of a mixture or substance containing
cocaine base, in violation of2l U.S.C. § 844(a).
3. The defendant understands that if there were atrial, the Government would have to
prove the following elements with respect to Count One of the Indictment: (I) that the defendant
knowingly possessed a firearm; (2) that at the time ofthe defendant’s possession ofthe firearm, he

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had been convicted previously of a crime punishable by a term of imprisonment exceeding one year;
and (3) that the firearm affected interstate commerce, that is, that it had previously crossed state
lines. V
4. Provided that the United States does not leam after the entry ofthe defendant’s guilty plea
of conduct by the defendant that is inconsistent with acceptance of responsibility, the United States
agrees to recommend a two—level reduction in the defendant’s sentencing guideline range pursuant
‘ to U.S.S.G. § 3El.l(a). lfthe defendant’s adjusted guideline offense level is greater than level l6,
the Government will recommend an additional one—level reduction in the defendant’s guideline range
pursuant to U.S.S.G. § 3El.l(b). U
5. The defendant agrees to abandon any right, title and interest that he may have in the Side
Kick H&R .22 caliber revolver, Model No. 929, Serial No. V7704, seized from him by the police
on October 3, 2006; agrees to execute all documents requested by the Government to effect his
abandonment; and agrees that the Bureau of Alcohol, Tobacco & Firearms and/or Wilmington Police
Department may dispose of the firearm in whatever manner they deem appropriate.
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 of the pre-sentence report), the
l 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 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.

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7. The defendant agrees to pay the $100 special assessment the day of sentencing.
Should he fail to do so, the Defendant agrees to enter voluntarily into 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 the
defenda.nt’s behalf to the payment of the outstanding debt ordered. ` `
8. The United States Attorney 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 Memorandum supersedes all
prior promises, representations, and statements of the parties; that this Memorandum may be
modified only in a written document 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
A United States Attomey
igggstopher Koyste, Esquire Robert F. Kravetz \
Assistant Federal Public Defender Assistant United States A mey
Attorney for the Defendant Attorney for the Government
F I L E D
” A / lun 2 is 2007
M`chael T. Jac , Defendant
u.s. msrmcr count
- oismicr OF ¤EuxwARE -
Dated: March Q, 2007

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. »·l .
AND NOW, this fl; day of March 2007, the foregoing Memorandum of Plea
Agreement is hereby (accepted) (rejected) by this Court. .
lclonogble Gigory S1eet Z ; ;
United States District Judge
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