Free Plea Agreement - District Court of Delaware - Delaware

Case 1 .08-cr-00061-SLR Document 21 Fnled 07/30/2‘Oj?KLE€?\e£
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. i Criminal Action No. 08-6l-SLR
LESLIE SOTO, g
Defendant. 3
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Comrolly, United States Attorney for the District of Delaware, and Joseph S. Grubb,
Special Assistant United States Attorney, and the defendant, LESLIE SOTO, by and through her
attorney, Joseph Benson, Esquire, the following agreement is hereby entered into by the respective
parties:
l. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges her with being a felon in possession of a
firearm, in violation of Title l8, United States Code, Sections 922(g)(l) and 924(a)(2). The
maximum penalties for Count One are a term of imprisonment of ten years; a $250,000 fine, or
both, three years supervised release, and a $l00 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: (l) that the defendant
knowingly possessed a firearm, (2) that at the time of the defendant’s possession ofthe firearm, she
had been convicted previously of a crime punishable by a term of imprisonment exceeding one year,

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and (3) that the firearm affected interstate commerce, that is, that it had previously crossed state
lines.
3. The defendant admits: (1) that, on or about March 5, 2008, she knowingly possessed a
firearm, that is, a .22 caliber Westem Derringer handgun, Serial No. 32390, (2) that at the time the
defendant possessed the firearm, she had been convicted previously on or about September 12,
2002, 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 violation alleged in Count One of the indictment, to wit, a .22 caliber Western Derringer
handgun, Serial No. 32390 and the two rounds of Remington .22 caliber ammunition seized from
her on March 5, 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, amrouncement of the forfeiture at sentencing, and
incorporation of the forfeiture in the judgment. Defendant acknowledges that she 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 her of this, pursuant to Rule l1(b)(1)(J), at the time her guilty plea is accepted.
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 is aware that she will request a
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variance of sentence, which would include no further incarceration. The defendant should expect
that the Govermnent will not oppose that variance of sentence request. 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 her 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
she 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.
8. The United States Attorney reserves the right to defend any ruling of the District Court.
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,
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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
·· ` A
J e h Benson, Esquire By: J e . Grubb
A omey for Defendant Ape 1 Assistant United States Attorney
l
v\,· •/I "
LéSLIE soro 7
Defendant
Dated:
AND NOW, this *20*** day of 2008, the foregoing
f?
Memorandum of Plea Agreement is hereby ccepted) rejected) by this Court.
Hon. Sue L. Robiigon
United States District Judge
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