Free Plea Agreement - District Court of Delaware - Delaware

Case 1:06- j-001 02—I\/I PT Document 12 n File 11 30/2006 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Cr. A. N0. 06-102M (MPT)
GERRI NICHELLE KNOTTS
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and David L.
Hall, Assistant United States Attorney, and Eleni Kousoulis, Esq., attorney for the defendant,
Gerri Nichelle Knotts, the following agreement is hereby entered into by the respective parties:
l. The defendant agrees to plead guilty to Count I of a one count Misdemeanor
Information charging her with theft of government property, in violation of Title 18, United
States Code, Section 641.
2. The maximum penalty is one year imprisonment, one year supervised release, a
$100,000 fine, restitution, and a $25 mandatory special assessment.
3. The defendant understands that if she were to proceed to trial on Count I of the
Misdemeanor Information, charging a violation of Title 18, United States Code, Section 641, the
government would have to prove each of the following elements of the offense beyond a
reasonable doubt: (l) the defendant knowingly and willfully, (2) embezzled, stole, purloined, and
converted to her own use, (3) a record, voucher, money, or thing of value, (4) of the United
States or any department or agency thereof.

Case 1 :06-mj-001 02—I\/I PT Document 12 Filed 11/30/2006 Page 2 of 4
4. The defendant knowingly, voluntarily, and intelligently admits that from February
2001 to March 2004, in the State and District of Delaware, she stole a total of $2,952.10 in funds
of the Social Security Administration, an agency of the United States goverment by falsely
reporting Social Security Administration benefit checks as lost or stolen and then negotiating
both the original checks and the replacement checks.
5. Based on the defendant’s actions to date, the United States agrees that the Court
should grant a two—level reduction in the base offense level for the defendant’s affirmative
acceptance of responsibility under Sentencing Guideline § 3E1.l. The United States so agrees
because the defendant has timely notified the authorities of her intention to enter a plea of guilty,
thereby permitting the United States to avoid preparing for trial and permitting the Court to
allocate its resources efficiently. Should the defendant perform any act inconsistent with
affirmative acceptance of responsibility under Sentencing Guideline § 3E1.l subsequent to the
entry of the guilty plea, the govemrnent reserves the right to modify its position on this issue.
6. The defendant agrees to pay a $25 special assessment at the time of sentencing.
The defendant agrees to make full restitution to the Social Security Administration in the amount
of $2,952.10.
7. If the Court orders the payment of any special assessment or fine as part of the
defendant’s sentence, 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 the defendant’s prison salary and apply it on
the defendant’s behalf to the payment of the outstanding debt ordered.
8. The parties reserve the right to defend the probation off1cer’s findings at the
sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,

_ Case 1 :06-mj-001 02—I\/I PT Document 12 Filed 11/30/2006 Page 3 of 4
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. However, if the Court decides not to follow any stipulation or recommendation in
this Memorandum of Plea Agreement, or if the defendant does not receive the benefits she
expects from any such stipulation or recommendation, the defendant may not withdraw her guilty
plea. The parties stipulate and agree that, pursuant to Sentencing Guidelines Section
2Bl.l(b)(l), the base offense level for Count I is 6.
9. 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 ftuther understands that the
Government will likely recommend that the Court impose a sentence consistent with the
sentencing range set forth by the sentencing guidelines.
10. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the undersigned parties; that this
memorandum may be modified only in a written agreement executed by all the undersigned
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
r United States Attomey
BY; . {S
Eleni Kousoulis, Esq. avid L. Hall
Attomey for Defendant Assistant United States Attomey
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· Dated. H- 30 -O(·é
Gem rchelle Knotts
Defendant

Case 1:06-mj—00102-MPT Document 12 Filed 11/30/2006 Page 4 of 4
AND NOW this Q day of , 2006, the foregoing
Memorandum of Plea Agreement is hereby (accepted) (rejected) by the Court.
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= n States M ; trate Judge
United States District Court
District of Delaware