Free Plea Agreement - District Court of Delaware - Delaware

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Date: June 10, 2005
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State: Delaware
Category: District Court of Delaware
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v. Criminal Action No. 05-01-KAJ
Pursuant to discussions between the United States of America, by and through its
attomeys, Colm F. Connolly, United States Attorney for the District ofDelaware, and David L.
Hall, Assistant United States Attorney, and James Brose, Esq., attorney for the defendant,
Daimyon Gibbs, the following agreement is hereby entered into by the respective parties:
l. The defendant agrees to plead guilty to Count I ofa one count Information,
waiving prosecution by indictment, charging him with knowingly possessing with the intent to
distribute more than five grams ofa mixture and substance containing a detectable amount of
cocaine base ("crack“), a Schedule Il narcotic controlled substance, in violation of Title 2l,
United States Code, Sections 84l(a)(l) and 84l(b)(l)(B).
2. The maximum penalty is life imprisonment (including a mandatory minimum of I0
years), lifetime supervised release (including a mandatory minimum of eight years), a $4,000,000
fine, and a $100 mandatory special assessment. Defendant acknowledges that the govemment
has filed an Information Pursuant to 2] U.S.C. § 851, and that he is subject to the enhanced
statutory penalties set fonh in Title 21, United States Code, Section 841, by virtue of his prior
conviction for a felony drug offense.
3. The defendant understands that if he were to proceed to trial on Count I ofthe

Case 1:05-cr-00001-JJF Document 33 Filed 06/10/2005 Page 2 of 4
information, charging a violation ofTitle 21, United States Code, Sections 841(a)(l) and
84l(b)(l)(B), the government would have to prove each ofthe following elements ofthe offense
beyond a reasonable doubt: (l) the defendant knowingly possessed, (2) more than five grams, (3)
ofa substance containing a detectable amount of cocaine base ("crack"), (4) with the intent to
4. The defendant knowingly, voluntarily, and intelligently admits that on December 22,
2004 2004, he knowingly possessed approximately 34 grams of cocaine base ("crack") with the
intent to distribute.
5. Based on the defendant’s actions to date, the United States agrees that the Court
should grant a three-level reduction in the base offense level for the defendant’s affirmative
acceptance of responsibility under Sentencing Guideline § 3El.l. The United States so agrees
because the defendant has timely notified the authorities of his intention to enter a plea of guilty,
thereby permitting the United States to avoid preparing for trial and permitting the Court to
allocate its resources efficiently. Should the defendant perform any act inconsistent with
affirmative acceptance of responsibility under Sentencing Guideline § 3El .l subsequent to the
entry ofthe guilty plea, the government reserves the right to modify its position on this issue.
6. The defendant agrees to pay a $100 special assessment at the time of sentencing.
7. Ifthe Court orders the payment of any special assessment or fine as part ofthe
defendant’s sentence, 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 ap_ply it on
the defendant’s behalfto the payment of the outstanding debt ordered.
8. The parties reserve the right to defend the probation officer’s findings at the

Case 1:05-cr-00001-JJF Document 33 Filed 06/10/2005 Page 3 of 4
sentencing hearing and to defend the sentencing cou11’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
this Memorandum of Plea Agreement, or ifthe defendant does not receive the benefits he expects
from any such stipulation or recommendation, the defendant may not withdraw his guilty plea.
The parties stipulate and agree that, pursuant to Sentencing Guidelines Section 2Dl .1, the base
offense level for Count 1 is 28.
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
Memorandum are null and void and have no effect whatsoever.
10. 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
determine the appropriate sentence and must also consider the other factors bearing on an
appropriate sentence pursuant to IS U.S.C. §3553(a). The defendant further understands that the
Government will likely

Case 1:05-cr-00001-JJF Document 33 Filed 06/10/2005 Page 4 of 4
recommend that the Court impose a sentence consistent with the sentencing range set forth by the
sentencing guidelines.
United States Attorney
ZZ. ~- l
` -*9* 4* Q K
BY; ·=·’4 Qlgé , i
Sql Br , q. David L. Hall
’Att0rney for Defendant Assistant United States Attorney
i* L 0 UM Dated: tO Z»C>(;»":E»r
Daimyon ibbs
AND NOW this J day of r »L& til-! , 2005, the foregoing

Memorandum of Plea Agreement is er y (accepted rejecte h’e'Gourt.
I e.»_. . .._.._,. ’ U
Hk norable Kent A. Jor n
United States istricy ourt
District ofDel w e