Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr—00020-SLR Document 17 Filed 08/15/2006 Page 1 of 4
j V/4 6/ 1/·2 $207
gn/r
— S *7% T F] /57Vlc
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
riaimirr Z
v. p Criminal Action No. 06-20-SLR
TANYA BOWIE,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorney, Beth Moskow—Schnoll, Assistant United States Attorney for the District of Delaware,
and on behalf of and with the consent and knowledge of Colm F. Connolly, United States
Attorney for the District of Delaware, and the defendant, Tanya Bowie, by and through her
attorney, J. Scott O’Keefe, Esquire, the following agreement is hereby entered into by the respec-
tive parties:
l. The defendant, Tanya Bowie, agrees to plead guilty to Counts One and Nine of
the Indictment. Each count charges the defendant with passing counterfeited securities in
violation of Title 18, United States Code, Section 5l3(a) and carries a maximum penalty of 10
years imprisonrnent, a $250,000 fine, 3 years supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the government would have to
prove the following elements with respect to each count of the Indictment: (a) that the defendant
uttered a counterfeited security of an organization, here a bank or federal credit union that
operates in interstate commerce; (b) with the intent to defraud, that is, intending to cheat

Case 1:06-cr—00020-SLR Document 17 Filed 08/15/2006 Page 2 of 4

someone.
3. The defendant knowingly, voluntarily, and intelligently admits the following facts:
(a) from in or around February 2002, through in or around July 2005, using the names Mary
Fletcher, Wykeena Burns, and/or Sadae Smith, the defendant knowingly and voluntarily used
counterfeited checks to purchase items from retailers in Delaware, New Jersey, Pennsylvania,
Maryland, and Virginia; (b) several days after purchasing the items, the defendant and/or a
person known to the defendant would return the items that had been purchased with the
counterfeited checks in order to receive cash back from the retailer; and (c) the face value of the
checks negotiated by the defendant was $82,905 .68.
4. 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
dcterrnine the appropriate sentence and must also consider the other factors bearing on an
appropriate sentence pursuant to l8 U.S.C. § 3553(a). The parties hereby agree that U.S.S.G.
§ 2Bl.l is applicable to the offense to which the defendant is pleading guilty and further agree
and stipulate that the value of the counterfeited checks, including relevant conduct pursuant to
U.S.S.G. § lBl .3, was $82,905.68. The defendant further understands that the Government likely
will recommend that the Court impose a sentence consistent with the s ntencing range set forth
by the sentencing guidelines. F0 J
5. The defendant agrees to pay the pecial a§:e; a sentencing.
Should she 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 ofthe defendant’s prison salary and apply it on
2

Case 1:06-cr—00020-SLR Document 17 Filed 08/15/2006 Page 3 of 4
the defendant’s behalf to the payment of the outstanding debt ordered.
6. Provided that the United States Attorney does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, at sentencing, (a) the United
States agrees not to contest a reduction under USSG §3El .l(a) based on the defendant’s conduct
to date; and (b) if the Court determines that the defendant’s offense level is 16 or higher, the
United States agrees to move for a three level reduction under USSG §3El.l(b) based on the
defendant’s conduct to date.
7. At the time of sentencing, the government agrees to move to dismiss Counts Two
through Eight of the Indictment that was returned against the defendant on February 28, 2006.
8. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. The defendant understands and agrees that 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.
/ / /
3

Case 1:06-cr—00020-SLR Document 17 Filed 08/15/2006 Page 4 of 4
9. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements of the 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 with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY
United States Attorney
it $@3, BY: Z
Tanya Bowie Beth Moskow-Schnoll
Defendant Assistant United States Attorney
- /
. cott O’Ke
Attorney for Defen t
Dated: QQYQ a·Qi· / fi é}6l6l£»
AND NOW, this L(_Z“_l'*da of 2006, the foregoing Memorandum of
Plea Agreement is here (rejected) by this Court.
HONORABLE si L. ROBINSON
Chief United States District Court Judge
4