Free Plea Agreement - District Court of Delaware - Delaware

Case 1:06-cr—OO107-SLR Document 17 Filed O2/08/2007 _%§ip%]j<3)‘] 32% CQ//-6
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. ) Criminal Action No. 06-l07-SLR
JAMES SHEPPARD, )
)
)
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States ofAmerica, by and through its attorney, llana
H. Eisenstein, Assistant United States Attorney for the District of Delaware, and the defendant,
James Sheppard, by and through his attorney, Eleni Kousoulis, 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 Indictment, which charges him with being a prohibited person in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(l). Count One carries a maximum
sentences of a term of imprisonment often years, a fine of $250,000, or both, three years supervised
release, and a $100 special assessment.
2. The defend ant understands that if there were a trial, the Government would have to prove
the following elements with respect to Count One ofthe Indictment; (l) on or about July 25, 2006,
he knowingly possessed a lirearm, that is a sawed off 12 gauge Remington shotgun model 870, serial
number Vl93073M; (2) on or about March l0, 2004, he had previously been convicted ofa crime
punishable by more than one year of imprisonment; and (3) the firearm affected interstate commerce,
that is, that the firearm had previously crossed state lines.

Case 1:06-cr—OO107-SLR Document 17 Filed O2/08/2007 Page 2 of 4
I 3. The defendant admits that he knew that the firearm charged in Count One of thc
indictment had a barrel length shorter than 18 inches.
4. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One ofthe lndictment, to wit, a sawed off 12 gattge Remington shotgun
model 870, serial number \/193073M, and 9 shotgun shells seized from him by police on July 25.
2006. The defendant further agrees to waive all interest in any such asset in any administrative or
judicial forfeiture proceeding, whether criminal or civil, state or federal. The defendant agrees to
consent to the entry ofordcrs of forleiture for such property and waives the requirements of Federal
Rules of Criminal Procedure 32.2 and 43(a) regarding notice of thc forfeiture in the charging
instrument, announcement ofthe forfeiture at sentencing, and incorporation ofthe forfeiture in the
judgment. Defendant acknowledges that he understands that the forfeiture of assets is part of the
sentence that may be imposed in this case and waives any failure by the court to advise him ofthis,
pursuant to Rule 1 1(b)(1)(J), at the time his guilty plea is accepted.
5. The defendant understands that at sentencing the District Court must consider the United
States Sentencing Guidelines and take them into account in exercising its discretion to determine the
appropriate sentence and must also consider the other factors bearing on an appropriate sentence
pursuant to 18 U.S.C. § 3553(a). The defendant further understands that the Government will likely
recommend that the Court impose a sentence consistent with the sentencing range set forth by the
sentencing guidelines. He understands that the final detertnination ofthe sentencing guidelines will
be up to the sentencing judge. The defendant understands that the Court is not bound by any
stipulation between the parties, and that if the Court calculates the guidelines differently than hc
expects, or contrary to any stipulation ofthe parties or recommendation ofhis attorney, that he will
not be allowed to withdraw his guilty plea.
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Case 1:06-cr—OO107-SLR Document 17 Filed O2/08/2007 Page 3 of 4
1 6. 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
dcfcndant’s timely guilty plea, a two-point reduction in the Offense Level for the defendant’s
affirmative acceptance of responsibility is appropriate, and the Government will move for an
additional one—point reduction, pursuant to Sentencing Guideline Section 3El.l.
7. The defendant agrees to pay the S 100 special assessment 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 del`endant’s prison salary and apply it on defendant`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 ease.
9. lt is further agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements ofthe 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.
CO LM F. CONNOLLY
United States Attorney
Eleni Kousoulis, Esquire ( Sana H. Eisenstein
Attorney for Defendant Assistant United States Attorney

De dant
Dated: mf), ci ifi? 52
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Case 1:06-cr-00107-SLR Document 17 Filed O2/08/2007 Page 4 of 4
AND NOW, this 87** day of , 2007, the foregoing Memorandum of
Plea Agreement is hereby accepte , (rejected) by this Court.
Honorable Sue Robinson
Chief United States District Judge
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