Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr-00057-JJF Document 16 Fileg,107/10/2008 Pa e of 4 / C,
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. ; Criminal Action No. 08-57-JJF
DAWANN DIXON, g
Defendant. g
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 Joseph S. Grubb,
Special Assistant United States Attomey, and the defendant, DAWANN DIXON, by and through
his attorney, Eleni Kousoulis, 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 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 imprisonment 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 possessing cocaine, a
controlled substance, in violation of Title 2 l , United States Code, Section 844(a), which would have
carried a mandatory minimum sentence of ninety days incarceration.
2. The defendant understands that if there were a trial, the Government would have to

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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 of the firearm, he
had been convicted previously of a crime punishable by a term of imprisomnent 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
April 6, 2008, he knowingly possessed a firearm, that is, a .25 caliber semi-automatic Dusek
handgun, Serial No. 107980; (2) that at the time the defendant possessed the firearm, he had been
convicted previously on or about March 28, 2007, of a crime punishable by imprisomnent for a term
exceeding one year, in the United States District Court for the District 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 ion Count One of the indictment, to wit, a .25 caliber semi-automatic Dusek
handgun, Serial No. 107980 and the magazine containing five rounds of .25 caliber ammunition and
twenty-two other rounds of .25 caliber ammunition seized from him on April 6, 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
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\ be imposed in this case and waives any failure by the court to advise him of this, pursuant to Rule
11(b)(1)(J), at the time his 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 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 two-level reduction in the defendant’s Sentencing Guidelines range
pursuant to U.S.S.G. § 3E1.1.
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.
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8. The United States Attorney reserves the right to defend any ruling of the District Court.
9. It is further agreed by the undersigned panties 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
Eleni Kousoulis, Esquire By: Jos bb
Attorney for Defendant Sp cia Assistant United States Attomey
(
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DAWANN DIXO
Defendant i
Dated: _] - |O’ Og
AND NOW, this day of k ?§ > 2008, the foregoing
Memorandum of Plea Agreement is hereby accepte ) ( by this Court.
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at 744 - Al .4.4•.¤H
Hon. eph J. an, Jr. '
Unite ‘ tates District Judge
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