Free Redacted Document - District Court of Delaware - Delaware

Case 1 :08-cr-00134-SLR Document 9 Filed 08/26/2008 Page 1 of 3
Li]? I
QIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA )
v. g Criminal Action No. 08-
FERMIN R. PAGAN, i
Defendant. i
)
I INDICTMENT
The Grand Jury for the District of Delaware charges that:
‘ COUNT ONE
On or about July 25, 2008, in the State and District of Delaware, Fennin R.
Pagan, defendant herein, did knowingly possess in and affecting interstate commerce, a
firearm, that is a .38 caliber Smith and Wessson Model handgun, serial #CEA8579, after
having been convicted of a crime punishable by imprisonment for a term exceeding one
year, in the Superior Court in and for New Castle County, Delaware, in violation of Title
18, United States Code, Sections 922(g)(1) and 924(a)(2). I
COUNT TWO
On or about July 25, 2008, in the State and District of Delaware, Fermin R.
Pagan, defendant herein, did knowingly possess with intent to distribute a mixture and
» substance containing a detectable amount of cocaine base, a controlled substance, in
violation of Title 21, United States Code, Sections 84l(a)(l) and (b)(l)(C).

p Case 1:08-cr-00134-SLR Document 9 Filed 08/26/2008 Page 2 of 3
COUNT III
On or about July 25, 2008, in the State and District of Delaware, Fermin R.
Pagan, defendant herein, in furtherance of a drug trafficking crime for which he may be
prosecuted in a court of the United States (to wit, the knowing possession with intent to
distribute a mixture and substance containing a detectable amount of cocaine base, as set -
forth in Count II of this Indictment and incorporated by reference as if fully set forth
herein), did knowingly possess a firearm, to wit, a .38 caliber Smith and Wessson Model
handgun, serial #CEA8579, all in violation of Title 18, United States Code, Sections
924(c)(l)(A).

Case 1:08-cr-00134-SLR Document 9 Filed 08/26/2008 Page 3 of 3
FORFEITURE ALLEGATION
Upon conviction of the offense alleged in Count One of this Indictment,
defendant shall forfeit to the United States pursuant to 18 U.S.C. § 924(d) and 28 U.S.C.
§ 246l(c), all firearms and ammunition involved in the commission of the offense,
including but not limited to the following:
l. a .38 caliber Smith and Wessson Model handgun, serial #CEA8579; and
2. 5 rounds of ammunition.
A TRUE BILL:
Foreperson
COLM F. CONNGLLY
United States Attorney
BY; _A b»•¢/*—/"—·—-
Geoffrey G. Grivner
Special Assistant United States Attorney
Dated: August 26, 2008

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