Free Redacted Document - District Court of Delaware - Delaware

V Case 1 :08-cr-00132-SLR Document 10 Filed 08/26/2008 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA,
v. g Criminal Action No. 08- I] 3 L
LAMARR MCELDERRY, g
Defendant. g
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INDICTMENT
The Grand Jury for the District of Delaware charges that:
COUNT ONE
On or about July 28, 2008, in the State and District of Delaware, Lamarr
l\/IcElderry, defendant herein, did knowingly possess in and affecting interstate
commerce, a firearm, that is Marakov 9mm, serial number NM251265, after having been
convicted of a crime punishable by imprisonment for a tenn 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).
COUNT TWO
On or about July 28, 2008, in the State and District of Delaware, Lamarr
McE1derry, 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 841(a)(1) and (b)(1)(C).

_ Case 1 :08-cr-00132-SLR Document 10 Filed 08/26/2008 Page 2 of 3
COUNT III
On or about July 28, 2008, in the State and District of Delaware, Lamarr
McE1derry, 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 Marakov 9mm, serial number
NM25l265, all in violation of Title 18, United States Code, Sections 924(c)(l)(A).

_ p Case 1:08-cr-00132-SLR Document 10 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. Marakov 9mm, serial number NM25l265; and
2. 7 rounds of ammunition.
A TRUE BILL:
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Foreperson
COLM F. CONNOLLY
United States Attorney
BY: A b /I/I/‘
Geoffr . Grivner
Special Assistant United States Attomey
Dated: August 26, 2008

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