Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr-00081-GIVIS Document 22 Filed 01/12/2007 Page 1 ot 4
_ ,,..,, . U.S. Department of Justice
»ri·-@iiI:‘ "-a
United States Attorney ’s Ojjice
District of Delaware
l _ Nemours Bui1'ding (302) 5 73-62 7 7
I007 Orange Street, Suite 700 FAX (302) 573-6220
P. 0. Box 2046
Hilmingron, Delaware 19899-2046
‘ January 12, 2007
Honorable Gregory M. Sleet l
United States District Court
J. Caleb Boggs Federal Building
844 King Street
Wilmington, Delaware 19801
l Re: United States v. Robert J. Harris, Jr.
Criminal Action No. 06-81-GMS
Dear Judge Sleet:
At the hearing scheduled for Wednesday, January 17, 2007, at 3 :00 pm., the defendant will enter
_ a guilty plea pursuant to the terms of the enclosed Memorandum of Plea Agreement.
‘ Respectfully submitted,
_ COLM F. CO LLY i
United Stat · ,_.- mey
i fi
K , ’ l»rel /{/t'
. y' ` z ,/
Edmond Fa i _
- Assistant Un · States Attorney i
. pc: Kevin P. O’Neill, Esquire _ A
I Basie _ Y
_ Enclosure

I ` I _ Case 1 :06-cr—OOO81-GIVIS Document 22 Filed O1/12/2007 Page 2 of 4
I A IN THE UNITED STATES DISTRICT COURT
I - _ FOR THE DISTRICT OF DELAWARE
I UNITED STATES OF AMERICA , )
Plaintiff, g
v. ) Criminal Action No. 06-81-GMS
ROBERT J, HARRIS, JR., g
U Defendant. 5
I MEMORANDUM OF PLEA AGREEMENT
l Pursuant to discussions between the United States of America, by and through its attorney,
Edmond Fal gowski, Assistant United States Attorney for the District of Delaware, with the consent and
l knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the defendant,
Robert J. Harris, J r., by and through his attorney, Kevin P. O’Nei1l, Esquire, the following agreement ;
is hereby entered into by the respective parties:
1. The defendant shall enter a guilty plea to Count I of the Indictment. Count 1 charges
_ Possession of a Firearm by a Felon, in violation of Title 18, United States Code, Sections 922(g)(l) and
I ` °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. _ I `
2. @t_n__g: The elements of Possession of a Firearm by a Felon are as follows:
l a. I The defendant possessed a firearm;
A b. The defendant's possession was knowing;

- Case 1 :06-cr-00081-GIVIS Document 22 Filed O1/12/2007 Page 3 ot 4
I ‘ c. At the time of the defendants possession, the firearm had affected interstate
_ commerce, and;
d. At the time of the defendant's possession he was a convicted felon. I
I 3. The United States acknowledges that the defendant enters his guilty plea with the
understanding that the Attorney General’s Office for the State of Delaware agrees at sentencing to I
_ dismiss Indictment No. 0605008850 in the Superior Court for Kent County, Delaware, charging
I U . possession with intent to deliver cocaine, maintaining a dwelling for keeping controlled substances, and I
I _ possession of drug paraphernalia, and to further dismiss Indictment No. 0603016985 in the Superior
_ Court for Kent County, Delaware, charging the defendant with possession of cocaine and various
automobile October 31, 2006traftic related charges.
. 4. Provided that the United States does not learn after the defendant’s entry of a guilty plea of
I 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.l(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. § 3El .l(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
‘ Iinumber 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 f1rearm.
I I _ I 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 .
I ` determine the appropriate sentence and must also consider the other factors bearing on an appropiiate I
‘ sentence pursuant to 18 U.S.C. § 3553(a). The defendant further understands that the Govemment will _

. Case 1 :06-cr-00081-GIVIS Document 22 Filed 01/12/2007 Page 4 ot 4 .
. . ask the Court to calculate the appropriate sentence under the U.S.S.G. and to impose a sentence
A . consistent with the U.S.S.G. ·
l 7. It is further agreed by the parties that this Memorandum supersedes all prior promises,
n representations, and statements ofthe undersigned 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
Swith the subsequent written modification requirements of this paragraph.
COLM F. CONNOLLY
q United States Attorney
_- .... ... By¤..M..T_..___
· Kevin P. O’Neill, Esquire Edmond Falgowski
Attorney for Defendant - Assistant United States Attorney
Robert J. Harris, Jr. ·
Defendant —
Dated:
AND NOW, this day of , 2007, the foregoing Memorandum
. of Plea Agreement is hereby (accepted) (rejected) by this Court.
- Honorable Gregory M. Sleet . i
United States District Court
3