Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr—00068-GIVIS Document 16 Filed 07/16/2008 Page 1 of 4
i IN THE UNITED STATES DISTRICT C()URT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff i
v. ; Criminal Action No. 08-68-GMS
RASHIE HARRIS, 3
Defendant. g
MEMORANDUM OF PLEA AGREEME@
Pursuant to discussions between the United States of America., by and through its attomeys,
Colm F. Comiolly, United States Attorney for the District of Delaware, and Joseph S. Grubb,
Special Assistant United States Attorney, and the defendant, RASHIE HARRIS, by and through his
attomey, Keir Bradford, 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)(l) 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. At sentencing, the Government
will move to dismiss Count Two of the indictment, which charges him with being a felon in
possession of ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and
924(a)(2)).
2. The defendant understands that if there were a trial, the Govemment would have to

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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;
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 30, 2008, he knowingly possessed a firearm, that is, an IMP .22 caliber revolver, model IMP,
Serial No. 79919; (2) that at the time the defendant possessed the firearm, he had been convicted
previously on or about September 20, 2006, of a crime punishable by imprisonment for a term
exceeding one year, in the Superior Court in and for New Castle County, State of Delaware; and (3)
that prior to the defendant’s possession of the firearm, the firearm crossed state lines into Delaware.
4. The defendant agrees to forfeit all interests in the firearm and ammunition involved in
the violations alleged in the indictment, to wit, an IMP .22 caliber revolver, model IMP, Serial No.
79919 and forty-six Remington rounds of .22 caliber ammunition seized from him on March 30,
2008 by police. The defendant further agrees to waive all interest in any such asset in any
administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal. The
defendant agrees to consent to the entry of orders of forfeiture for such property and waives the
requirements of Federal Rules of Criminal Procedure 32.2 and 43 (a) regarding notice of the
forfeiture in the charging instrument, announcement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment. Defendant acknowledges that he understands the
forfeiture of assets is part of the sentence that may be imposed in this case and waives any failure by
the court to advise him of this, pursuant to Rule ll(b)(l)(J), at the time his guilty plea is accepted.
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5. 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.
6. 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
States agrees to recommend a three—level reduction in the defendant’s Sentencing Guidelines range
pursuant to U.S.S.G. § 3El.l.
7. 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 Inmate 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. The United States Attomey reserves the right to defend any ruling of the District Court.
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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 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
L
Keir Bradford, Esquire By: J h . Grubb
Attomey for Defendant pec' l Assistant United States Attomey
RASHIE HARRIS
Defendant _
Dated: \l I $0 Q
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AND NOW, this [ day of \) 2008, the foregoing
Memorandum of Plea Agreement is hereby (accepted) by this Court.
. / /// F wr {
Hon. Gregory M. Sleet 1 ‘
Chief United States District Judge
F I L E D
I JUL l 5 2008
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