Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr-00081-GIVIS Document 27 Filed O2/28/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA , )
Plaintiff, g
v. ) Criminal Action No. 06-81-GMS
ROBERT J, HARRIS, JR., 3
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey,
Edmond F al gowski, Assistant United States Attorney for the District of Delaware, with the consent and
knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the defendant,
Robert J. Harris, I r., by and through his attomey, Kevin P. O’Neill, Esquire, the following agreement
is hereby entered into by the respective parties:
1. The defendant shall enter a guilty plea to Count 1 of the Indictment. Count l charges
Possession of a Firearm by a Felon, in violation of Title 18, United States Code, Sections 922(g)(1) and
924(a)(2), carrying the maximum penalty of ten years incarceration, a $250,000 fine, three years
supervised release, and a $100 special assessment. The United States will move to dismiss the
remaining counts of the Indictment at sentencing.
2. {gig: The elements of Possession of a F ireann by a Felon are as follows:
a. The defendant possessed a firearm;
b. The defendants possession was knowing;

_ Case 1:06-cr-00081-GIVIS Document 27 Filed O2/28/2007 Page 2 of 3
c. At the time of the defendant’s possession, the firearm had affected interstate
commerce, and;
d. At the time of the defendant’s possession he was a convicted felon.
3. The United States acknowledges that the defendant enters his guilty plea with the
understanding that the Attomey General’s Office for the State of Delaware agrees at sentencing to
dismiss Indictment No. 0605008850 in the Superior Court for Kent County, Delaware, charging
possession with intent to deliver cocaine, maintaining a dwelling for keeping controlled substances, and
possession of drug paraphemalia, and to iiuther dismiss Indictment No. 0603016985 in the Superior
Court for Kent County, Delaware, charging the defendant with possession of cocaine and various
automobile October 31, 2006traffic related charges.
4. Provided that the United States does not leam after the defendant’s entry of a guilty plea of
conduct by the defendant inconsistent with acceptance of responsibility, the United States agrees to
recommend at sentencing a two-level reduction for acceptance of responsibility under U.S.S.G.
§ 3E1.1(a). If the defendant’s offense level is 16 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3E1.1(a) and (b).
5. The defendant agrees to not contest any state and/or federal administrative forfeiture
proceedings regarding a .9mm, semi—automatic pistol, manufactured by Smith and Wesson, serial
number TCK2909, seized by DEA agents and Dover Police Department officers on or about April 27,
2006, and to otherwise forfeit to the United States any interest he may have in that firearm.
6. The defendant understands that at sentencing the District Court must consult the United
States Sentencing Guidelines ("U.S.S.G.") 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
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_ _ Case 1:06-cr-00081-GIVIS Document 27 Filed O2/28/2007 Page 3 of 3
ask the Court to calculate the appropriate sentence under the U.S.S.G. and to impose a sentence
consistent with the U.S.S.G.
7. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe 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.
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Uni » • tates’Z\tt e '
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Kevin P. O’Neill, Esquire Edmond Fal » ski
Attomey for Defendant Assistant United States Attomey
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Robert J. Harris, Jr. if
Defendant e
Dated:/—’ {il}
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AND NOW, this day of , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) by this Court. {
Hono le Gregory M. Sleet .
United States District Court
F I L E D
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