Free Plea Agreement - District Court of Delaware - Delaware

{ Case 1 :05-cr-00081-KAJ Document 15 Filed 11/22/2005 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE I
- , UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Case No. 05-81-KAJ
LEWIS THURSTON
aka Louis Dyson, :
Defendant. :
NIEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
C attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Leonard P.
Stark, Assistant United States Attomey, and Eleni Kousoulis, Esquire, attorney for the defendant,
the following agreement is hereby entered into by the respective parties:
l. The defendant agrees to plead guilty to Count H of the Indictment in the above-
C captioned case. Count II of the Indictment charges the defendant with unlawful transfer of a i
means of identification with the intent to aid and abet unlawful activity that constitutes a felony
violation of federal law, all in violation of Title 18, United States Code, Sections l028(a)(7) and
(b)(1)(A) & (D). The essential elements of the offense, each of which the government would _
have to prove beyond a reasonable doubt at trial, are: (i) the defendant knowingly transferred or
used, without lawful authority, a means of identification of another person; and (ii) the defendant
E intended to commit or to aid or abet any unlawful activity that constituted a violation of federal
law or constituted a felony under applicable state or local law. The maximum penalties for
Count Il are fifteen years imprisonment, a $250,000 fine, three years of supervised release
following any term of imprisonment, and a Sl 00 special assessment.

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2. The defendant knowingly, voluntarily, and intelligently admits that on or about
August 5, 2005, in the District of Delaware, he knowingly transferred and used without lawful
authority a means of identification of another person, to wit, a State of Delaware birth certificate
and a social security card for an individual with initials "D.D.P.," with the intent to aid and abet I
unlawful activity that constitutes a felony violation of federal law, to wit, Title 18, United States
Code, Section 1542, which prohibits the willful and knowing making of any false statement in an
application for a passport with intent to induce or secure the issuance of a passport under the
authority ofthe United States, and as a result of this offense, the defendant obtained more than
$1,000 in a one year period.
3. If the Defendant’s offense level is 16 or greater, the United States will recommend
a three—level reduction in the offense level for the Defendant’s affirmative acceptance of
responsibility under Sentencing Guideline § 3El . 1. lf the Defendant’s offense level is less than
16, the United States will recommend a two—level reduction in the offense level for the
Defendant’s affirmative acceptance of responsibility under Sentencing Guideline § 3E1.1.
n 4. 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 detemiine the appropriate sentence and must also consider the other factors bearing
on an appropriate sentence pursuant to 18 U.S.C. § 3553(a). ge United States v. Booker, 2005
WL 50108 (Jan. 12, 2005).
5. At or about the time of sentencing, the government will move to dismiss Counts I
and III of the Indictment. 1
6. The Defendant agrees to pay any special assessment or fine at the time of
sentencing.

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» 7. If the Court sentences the defendant to a term of incarceration and orders the
payment of any special assessment or fine as part of the defendant’s sentence, the defendant -
agrees voluntarily to 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 det`enda.nt’s prison salary and apply it on the defendant’s behalf to the payment of
the outstanding debt ordered. t
8. The parties reserve the iight 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. However, if the Court decides not to follow any stipulation or recommendation in e
this Memorandum of Plea Agreement, or if the defendant does not receive the benefits he expects
from any such stipulation or recommendation, the defendant may not withdraw his guilty plea.
· n 9. 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

- Case 1:05-cr-00081-KAJ Document 15 Filed 11/22/2005 Page 4 of 4
Memorandum are null and void and have no effect whatsoever.
COLM F. CONNOLLY
United States Attorney
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"` pj »l L BY; '
Eleni Kousoulis, Esquire Leonard P. Stark
Attorney for Defendant, A Assistant United States Attorney
Lewis Thurston

Lewis Thurston
Defendant
D¤t€d= l l—2.TL· O 5
_ AND NOW this day of Fi/F , 2005, the foregoing
Memorandum of Plea Agreement is hereby ejected) by the Court.
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A { ! Q/*————-——
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onorable Ke ' A. Jord y
— United States istricr un;
District of Delaware