Free Plea Agreement - District Court of Delaware - Delaware

` { Case 1 :O8—cr-00083-SLR Document 22 Filed 08/1@wP§16MW
ri or or A/M.;
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action N0. 08-83-02-SLR
JERRY LEE HOLMAN, 1 )
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, and Shannon
T. Hanson, Assistant United States Attorney for the District of Delaware, and the defendant,
Jerry Lee Holman, by and through his attorney, Keir Bradford, Esquire, the following agreement
is hereby entered into by the respective parties: i
1. The defendant, Jerry Lee Holman, agrees to plead guilty to Count One of the
Indictment against him. Count One charges the defendant with violating 18 U.S.C.
§ 473 and 2, dealing in counterfeit obligations or securities. The maximum penalties for this
offense are twenty years imprisonment, a $250,000 fine, 3 years of supervised release and a $100
special assessment.
2. The defendant understands that if there were a trial, the Government would have
to prove the following elements with respect to Count One beyond a reasonable doubt: (1) that
on or about May 9, 2008, defendant Jerry Lee Holman, bought, sold, exchanged, transferred,
received, or delivered a false, forged, counterfeited, or altered security or obligation of the United
States, to wit, five (5) one hundred—dollar ($100.00) Federal Reserve Notes, Series 1996, Serial

l Case 1:08-cr-00083-SLR Document 22 Filed 08/12/2008 Page 2 of 4
Number AB75569772K and eighteen (18) fifty-dollar ($50.00) Federal Reserve Notes, Series
2001, Serial Number CF1 699836lA; (2) that the defendant did so with the intent that the above-
described Federal Reserve Notes of the United States be passed, published, or used as true and
genuine; and (3) that the defendant knew at the time that the above-described Federal Reserve
Notes of the United States were false, forged, counterfeit, or altered.
3. The defendant knowingly, voluntarily, and intelligently admits that he is in fact
guilty of the offense described in paragraphs one and two.
4. Provided that the United States Attorney does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, at sentencing, the United States
will not object to a two-level reduction under U.S.S.G. Section 3El .l(a) based on the defendant's
conduct to date.
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. Based on information available to it at this stage (prior to the preparation
of the pre-sentence report) and provided that the govemment does not learn of information
inconsistent with the defendant’s representations to date, the defendant further understands that
the government will recommend that the Court impose a sentence consistent with the applicable
sentencing range set forth by the Sentencing Guidelines.
6. The defendant understands 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
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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.
7. The defendant agrees to pay the $100 special assessment at the time of
sentencing. Should he fail to do so and should he be incarcerated as a consequence of this
conviction, the defendant agrees to voluntarily enter the United States Bureau of Prisons’
administered program known as the Imnate Financial Responsibility Program through which the
Bureau of Prisons will collect a portion of the defendant’s prison salary and apply it on the
defendant’s behalf to the payment of the outstanding debt ordered.
8. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements of the undersigned 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, unless they comport with the subsequent written modification
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_Case j:08—cr-00083-SLR Document 22 Filed 08/12/2008 Page 4 of 4
requirements of this paragraph.
COLM F. CONNOLLY
United States Attorney
/ I/1 ‘ V ' D ‘ \
B : ._•_. 4_ / W;.
Jerry e Holm S a sw . Ha
Defendant As ` nt United c. · s Attorney
Keir Béadford, Esq. §
Attomey for Defendant
Dated: (T6 | g ` OCZ
AND NOW, this Q" day of 2008, the foregoing Memorandum of
Plea Agreement is hereb (accepted) rejected) by this Court.
HUNORABLE L. ROBINSON
District Judge
United States District Court
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