Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr-00127-GIVIS Document 19 Filed O4/O4/2007 Page 1 of 4 ‘
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 06-127-GMS
FREDERICK WEHLE,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Sophie E. Bryan, Assistant United States Attomey 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, Frederick Wehle, by and through his attomey, Edson A. Bostic, 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 District of
Delaware to Count One ofthe one-count Indictment retumed against him, as well as to Counts One
and Two of a two-count Information to be filed by the Govemrnent, charges with respect to which
the defendant has waived indictment. Count One ofthe Indictment and Counts One and Two ofthe
Information charge the defendant with bank robbery in violation of 18 U.S.C. § 2l l3(a), which
statute carries a maximum sentence of a term of imprisonment of twenty years, a fine of $250,000,
or both; three years of supervised release; restitution; and a $100 mandatory special assessment.
2. The defendant understands that if there were a trial, the Govemment would have to prove
the elements of the offenses charged in the Indictment and Information as follows. With respect to

Case 1:06-cr-00127-GIVIS Document 19 Filed O4/O4/2007 Page 2 of 4
all three Counts , the Government would have to prove that: (1) the defendant intentionally obtained
a sum of money; (2) from the care, custody, control, management, and possession of a federally
insured bank; (3) by intimidation.
3. 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
defendant’s timely guilty plea, it will not oppose a two-level reduction in the Offense Level for the
defendant’s affirmative acceptance of responsibility, pursuant to Sentencing Guideline Section
3El . l (a). Further, if it is determined that the defendant’s Offense Level, prior to the application of
the aforementioned two-level reduction, is level 16 or greater, the Govermnent agrees to move for
the reduction ofthe Offense Level by one additional level, pursuant to Sentencing Guideline Section
3E1.l(b), for a total reduction of three levels.
4. 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 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.
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Case 1:06-cr-00127-GIVIS Document 19 Filed O4/O4/2007 Page 3 of 4
5. The defendant agrees to pay a $300 special assessment, which is comprised of a $100
special assessment for each of the three counts to which the defendant is pleading guilty, on the day
of sentencing. Should 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 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.
6. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
7. 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 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.
COLM F. CONNOLLY
United States Attomey
By: : 2 i
Edson A. Bostic, Esquir / EI i KMJS0 US, Sophie E. Bryan
Atto ey for Defendan SL- Assistant United States Attorney
ri
efendant ? [
Dated: Ll · (.{-,, gy',
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Case 1:06-cr-00127-GIVIS Document 19 Filed O4/O4/2007 Page 4 of 4
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AND NOW, this V7, day of *‘ 2007, the foregoing Memorandum of
Plea Agreement is hereby (accepted) . y this Court.
Honiable Grego§M. Sleet
United States District Judge
United States District Court
District of Delaware
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