Free Redacted Document - District Court of Delaware - Delaware

_ _ _ · . Case 1 :05-cr-OOOO8-GMS Dooument·12 Filed O3/10/2005' Page 1 of 3
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IN THE STRICT COURT · I D
FOR THE DISTRICT or DELAWARE Him IQ |2 58 PM
UNITED STATES OF AMERICA, : 8 U.S. Disciiiiiigi GOURT
· . mstmct OF IJELAWARE
i Plaintiff, if 8
v. Criminal Action N0. 05-08-GMS
MARCUS SHARP, l
Defendant.
, SUPERSEDIN G INDICTMENT
The Grand Jury for the District of Delaware charges that: n `
COUNT I A
l On or about February 8, 2005, in the State and District of Delaware, Marcus Sharp, defendant
herein, did knowingly possess in and affecting interstate commerce, the following firearms: a Colt, A
Python, .357 revolver, serial number 71377; and an lntratec, Model Tec-9, 9mm semiautomatic
pistol, serial number 18348, after having been convicted on or about February 12, 2003, of a crime
punishable by a term of imprisonment exceeding one year, in the United States District Court for the
District of Delaware, in violation of Title 18, United States Code, Sections 922(g)( 1) and 924(a)(2),
COUNT II
On or about February 8, 2005, in the State and District of Delaware, Marcus Sharp, defendant
herein, did knowingly possess with intent to distribute a mixture and substance containing a
detectable amount of cocaine base, a Schedule ll controlled substance, in violation of Title 21,
United States Code, Sections 841(a)(1) and (b)(l)(C).

I I · . Case 1:05-cr-OOOO8-GIVIS Document 12 Filed O3/10/2005 " Page 2 of 3
COUNT III .
On or about February 8, 2005, in the State and District of Delaware, Marcus Sharp, defendant
herein, in furtherance of his possession with intent to distribute a mixture and substance containing
a detectable amount of cocaine base, a Schedule II controlled substance, as set forth in Count II of
the Superseding Indictment, a drug trafiicking crime for which he may be prosecuted in a court of
the United States, did knowingly possess the following firearms: a Colt, Python, .357 revolver, serial
number 71377; and an Intratec, Model Tec-9, 9mm semiautomatic pistol, serial number 18348, in
violation of Title 18, United States Code, Sections 924(c)(1)(A) and (D).
A COUNT IV
· On or about December 8, 2004, in the State and District of Delaware, Marcus Sharp,
defendant herein, did knowingly conspire with "E.D." to commit an offense against the United
· States, to wit, to knowingly make a false statement in connection with the acquisition of a firearm,
to wit, an Intratec, Model Tec-9, 9mm semiautomatic pistol, serial number 18348, from Miller’s Gun
Center in New Castle, Delaware, a federally licensed firearms dealer, which statement was intended
and likely to deceive Miller’s Gun Center as to a fact material to the lawfulness of the sale of the
firearm, a violation of Title 18, United States Code, Sections 922(a)(6) and 924(a)(2). In furtherance
thereof, the following overt acts, among others, were committed in the District of Delaware:
a) On or about December 8, 2004, "E.D." purchased an Intratec, Model Tec-9, 9mm
semiautomatic pistol, serial number 18348, for and at the direction of the defendant.
b) On or about December 8, 2004, "E.D." certified on an ATF Form 4473 that he was
the actual purchaser of the firearm.
All in violation of Title 18, United States Code, Section 371.
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COUNT V »
On or about December 8, 2004, in the State and District of Delaware, Marcus Sharp,
defendant herein, did knowingly aid and abet and did willfully cause "E.D.," in connection with the
acquisition of a firearm, to wit, an Intratec, Model Tec-9, 9mm semiautomatic pistol, serial munber
18348, from a federally-licensed firearms dealer, Miller’s Gun Center in New Castle, Delaware, to
knowingly make a false statement intended and likely to deceive the federally-licensed dealer with
respect to a fact material to the lawfulness ofthe sale ofthe firearm, to wit, "E.D." falsely stated that
he was the actual purchaser of the firearm, in violation of Title 18, United States Code, Sections
922(a)(6) and 2. A `
TRUE BILL: ‘ 1 _
Foreperson ·
COLM F. CONNOLLY
United States Attorney
BY; , Q3! Mm; zw-
April M. Byrd
Assistant United States Attorney
Dated: March 10, 2005
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