Free Plea Agreement - District Court of Delaware - Delaware


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Pages: 3
Date: September 3, 2008
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 918 Words, 5,704 Characters
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_ Case 1 :O8—cr-00092-SLR Document 24 Filed O9/O3/2008 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT if
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff, :
v. Criminal Action No. 08- Oli;- C2 -rS LJ/C
JAMIR RICHARDSON ,
Defendant. :
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, Ilana H.
Eisenstein, Assistant United States Attorney for the District of Delaware, and the defendant,
J amir Richardson, by and through his attorney, Keir Bradford, Esquire, the following agreement
is hereby entered into by the respective parties:
1. The defendant shall waive indictment and plead guilty in the United States
District Court for the District of Delaware to a one-count Information. Count One of the
Information charges the defendant with uttering a forged United States Treasury check, in
violation of Title 18, United States Code, Section 510(a)(2), which carries a maximum penalty of
up to 10 years of imprisonment, a $250,000 fine, or both, up to 3 years of supervised release, and
a $100 special assessment.
2. The defendant understands that if there were a trial, the United States would have
to prove beyond a reasonable doubt the elements of the offense to which he is pleading guilty,
that is: (1) the Defendant uttered or attempted to pass and circulate as true and genuine United
States Treasury checks having a face value of more than $1,000; (2) the Defendant did so with
knowledge that the payee’s endorsement on the check was a forgery; and (3) the Defendant acted
willfully and with intent to defraud the United States. /
3. In accordance with this agreement, the defendant knowingly, voluntarily, and

_ Case 1:08-cr-00092-SLR Document 24 Filed O9/O3/2008 Page 2 of 3
intelligently admits the following facts: (a) between September 19, 2006 and November 27,
2006, the defendant deposited or attempted to deposit fifteen stolen United States Treasury
checks each with a face value of over $1000; (b) knowing that the payee’s endorsement on each
check was a forgery; (c) the defendant did so willfully with the intent to defraud the United
States; and (d) the total value of the checks was $37,673.
4. The parties stipulate and agree that, based on information known to date, that the
govermnent’s evidence is sufficient to prove that the loss resulting from the defendant’s offense
conduct and the conduct for which the defendant is held responsible pursuant to United States
Sentencing Guideline ("U.S.S.G.") 2B1.3(a)(2) (relevant conduct) is greater than $30,000 but
less than $70,000, pursuant to U.S.S.G. Section 2B1.1(b)(1)(D) of the November 1, 2006, U.S.
Sentencing Guidelines Manual. Accordingly, the parties agree that, before any other
adjustments, the defendant’s offense level is 12.
5. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation of the pre—sentence report), the
defendant should expect that the Government will recommend that the Court impose a sentence
consistent with the sentencing range set forth by the applicable mandatory minimum penalties
and the sentencing guidelines. The defendant understands, however, that the ultimate
determination of an appropriate sentence will be up to the sentencing judge. The Court may
impose a sentence which exceeds, falls below, or is contained within the sentencing range
prescribed by the sentencing guidelines. The defendant expressly acknowledges that if the Court
imposes a sentence outside the range set forth in the sentencing guidelines, or otherwise different
than the defendant expected, or contrary to the recommendation of his attorney or the United
States, the defendant will not be allowed to withdraw his guilty plea on that basis.
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6. Provided that the United States does not subsequently learn of conduct by the
defendant inconsistent with acceptance of responsibility, the United States agrees that in
consideration of the defendant’s timely guilty plea, a two-point reduction in the Offense Level for
the defendant’s affirmative acceptance of responsibility is appropriate, pursuant to Sentencing
Guideline Section 3E1.l.
7. The defendant agrees to pay the $100 special assessment the day of sentencing.
8. The defendant agrees that he is joint and severally liable for payment of restitution
in the amount of at least $37,673.
9. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the parties; that this Memorandum may be
modified only in writing signed by all the 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. . `
COLM F. OLLY
p United S te torney
By: " fm ¤»¤~#~ e~. Keir radford, Esquire Ilan . senstein
Attorney for Defendant Assi tan United States Attorney
Defendant
Dated:
AND NOW, this QL d ¤ » A.: ‘ * · , 2008, the foregoing Memorandum
of Plea Agreement is hereby accepted) ( ·jected) by this Court.

UNITED STATES DISTRICT JUDGE
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