Free Plea Agreement - District Court of Delaware - Delaware

, Case 1 :04-mj-00136-IVIPT Document 10 - Fil 11/03/2005 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
‘ FOR THE DISTRICT OF DELAWARE .1 in ‘. t I ei'-. if in
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UNITED STATES OF AMERICA, ) i L i L _ TJ _
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Plaintiff, i i ..1. e- C . f.i:;;{—$
v. i Case No. 04-136M MPT
ARLISA ANN HOWARD, i
Defendant. i
AMENDED MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomeys,
Colm F. Connolly, United States Attorney for the District of Delaware, and Adam Safwat, Assistant
United States Attorney for the District of Delaware, and the defendant, ARLISA ANN HOWARD,
by and through her attorney, Christopher S. Koyste, Esquire, the following agreement is hereby
entered into by the respective parties:
I. The defendant shall plead guilty to Count One of an Information charging her with
a misdemeanor violation of Title 18, United States Code, Section 1012. This offense carries a
maximum penalty of one year imprisonment, a $100,000 fine, one year of supervised release,
restitution, or any and all of the above, and a special assessment of $25.
n 2. The defendant knowingly, voluntarily and intelligently admits the following facts:
The defendant did knowingly and willfully, and with intent to defraud the U.S. Department of
Housing and Urban Development, falsely certified income statements that she submitted between
September 1999 and February 2004 for the purpose of receiving federal Section 8 rental assistance.
As a result of the defendant’s false certifications, the defendant received at least $10,000 in federal

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Section 8 rental assistance payments to which defendant was not entitled had defendant tmthfully
reported her income during the foregoing time period.
3. If the Court orders the defendant to pay restitution to the U.S. Department of
Housing and Urban Development, or as the Departmentrnay direct such restitution to be made,
the defendant agrees that the appropriate amount of restitution is $10,000.
4. The defendant also agrees to pay the $25 special assessment on the day of
sentencing.
5. The United States agrees to a two-level reduction under U.S.S.G. § 3El .l(a),
provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility.
6. The defendant recognizes that the Sentencing Court, in exercising its discretion,
will consider the federal sentencing guidelines and other factors bearing on an appropriate
sentence pursuant to Title`l8, United States Code, Section 3553(a). The defendant further
understands that the Government will recommend that the Sentencing Court impose a sentence
consistent with the sentencing range recommended by the federal sentencing guidelines. The
defendant recognizes that the final determination of the defendant’s sentence will be made by the
Sentencing Court. The defendant further understands that the Sentencing Court is not bound by
any stipulations or recommendations of the parties. The defendant agrees that she will not be
allowed to withdraw her guilty plea because the Court calculates the guidelines differently than
she expects, or imposes a sentence greater than what she expects, or imposes a sentence contrary
to any stipulation of the parties or recommendation of her attorney.
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7. The parties reserve the right to defend the probation ofticer’s findings at the
sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,
including an appeal. The parties realize that the Court is not bound by any stipulations and/or
recommendations made by the parties.
8. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the patties; that this Memorandum may be
modified only in writing signed by all the parties; and, that any and all promises, representations,
C and statements made prior to or after this Memorandum are null and void and have no effect
whatsoever.
COLM F. CONNOLLY
United States Attome
By: . r 4;,,
C topher S. Koyste, Esquire Adam Safwat
Attorney for Defendant Assistant United States Attorney
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Arlrsa Ann Howard
Defendant
Dated: rd , 2005
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AND NOW, this 5 day of 4[g; ;:f' , 2005, the foregoing
Memorandum of Plea Agreement is hereby (accepted rejected) by this Court.
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g · : LE MARY ·’ HYNGE
· -e tates Magistra r Judge
District of Delaware
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