Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr-00078-JJF Document 16 Filed 08/ 3 2008 a 1 of 4
i' ' (//) @2%%/] UAU/6//WMA 7% éétq of @1/jbdfgocjy
x A ~
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff i
v. g Criminal Action No. 08-78-JJF
CHESTER J. LEWIS, III, i
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomeys,
Colm F. Cormolly, United States Attomey for the District of Delaware, and Sharmon T. Hanson,
Assistant United States Attomey, and the defendant, Chester J. Lewis, III, by and through his
attomey, Eleni Kousoulis, Esquire, the following agreement is hereby entered into by the respective
parties:
1. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with being a felon in possession of a
firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The
maximum penalties for Count One are a term of imprisomnent of ten years; a $250,000 fine, or
both; three years 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 of the Indictment: (1) that the defendant
knowingly possessed a firearm; (2) that at the time of the defendant’s possession of the firearm, he
had been convicted previously of a crime punishable by a term of imprisonment exceeding one year;

I w Case 1:08-cr-00078-JJF Document 16 Filed 08/13/2008 Page 2 of 4
and (3) that the firearm affected interstate commerce, that is, that it had previously crossed state
lines.
3. In connection with this Memorandum, the defendant admits: (l) that, on or about
March 7, 2008, he knowingly possessed a firearm, that is, a Ruger 9 mm pistol, serial number 308-
44972; (2) that at the time the defendant possessed the firearm, he had been convicted previously on
or about July 2l, 2005, of a crime punishable by imprisonment for a term exceeding one year, in the
Superior Court of the State of Delaware in and for Kent County; and (3) that prior to the defendant’s
possession of the firearm, the firearm crossed state lines into Delaware.
4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, Section 3553(a) in
determining an appropriate sentence. At this stage, the defendant should expect that the
Government will recommend that the Court impose a sentence consistent with the sentencing range
set forth by 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.
5. Provided that the United States does not learn after the entry of the defendant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
2

_ Case 1:08-cr-00078-JJF Document 16 Filed 08/13/2008 Page 3 of 4
States agrees to recommend a three-level reduction in the defendant’s Sentencing Guidelines range
pursuant to U.S.S.G. § 3El.l.
6. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the defendant agrees to enter voluntarily into 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.
7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
3

Case 1:08-cr-00078-JJF Document 16 Filed 08/13/2008 Page 4 of 4
8. 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 a written document 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. CONNOLLY
United States Attorney
‘ KQ , M! (Q: ~ »—»< JQ
Eleni Kousoulis, Esquire 3 - •= · on on
Attorney for Defendant Assistant United States Attorney
é /
Chester J. Lewis, I
Defendant
Dated: Q (I} lgg
AND NOW, this l fb day of 2008, the foregoing
Memorandum of Plea Agreement is hereby epte ) ( by this Court.

Ho osep J. an, Jr.
Uni States District Judge
4

Case 1:08-cr-00078-JJF

Document 16

Filed 08/13/2008

Page 1 of 4

Case 1:08-cr-00078-JJF

Document 16

Filed 08/13/2008

Page 2 of 4

Case 1:08-cr-00078-JJF

Document 16

Filed 08/13/2008

Page 3 of 4

Case 1:08-cr-00078-JJF

Document 16

Filed 08/13/2008

Page 4 of 4