Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr-00045-GIVIS Document 16 Filed 05/01 /2008 Page 1 ot 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, l
v. l Case No. 08-45-GMS
MATTHEW PALMER, l
Defendant. l
MEMORANDUM OF PLEA AGREEM
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 Christopher J. Burke, Assistant
United States Attorney for the District of Delaware, and the defendant, Matthew Palmer, by and through
the defendants attomey, Luis A. Ortiz, Esquire, the following agreement is hereby entered into by the
respective parties:
1. The defendant shall plead guiltyto Countl ofthe Indictment, which charges him with Receipt
of Child Pornography, a violation of Title 18, United States Code, Section 2252A(a)(2) and (b)(l).
This crime carries a maximum penalty of not less than 5 years imprisonment and not more than 20 years
imprisonment, a $250,000 fine, a life tenn of supervised release (with a minimum mandatory term of
five years supervised release) and a special assessment of $100. At sentencing, the United States will
move to dismiss the remaining counts of the Indictment against the defendant.
2. The defendant understands that if there were a trial, the Government would have to prove the
following elements for Count I: (l) the defendant, acting knowingly; (2) received or attempted to
receive child pornography, defined as a visual depiction of a minor engaged in an actual or simulated
sex act and/or the lascivious exhibition ofthe genitals or pubic area; and (3) which child pornography
had moved in interstate and/or foreign commerce by computer.

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3. The defendant agrees to pay the $100 special assessment on the day of sentencing. If the
Court orders the payment of any fine as part of the defendant’s sentence, the defendant agrees
voluntarily to enter 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.
4. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing a
two—level reduction for acceptance of responsibility, pursuant to U.S.S .G. § 3El . l(a). lf the defendant’s
offense level is determined by the Court to be level 16 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3El.l(b).
5. The defendant agrees to forfeit to the United States his interest in all computer hardware,
software, and storage media taken from the defendant’s home by Delaware State Police officers on or
about October 18, 2007.
6. The defendant understands that the District Court must consider the United States Sentencing
Guidelines and the factors set forth in 18 U.S.C. § 3553(a) in determining an appropriate sentence. At
this stage (prior to the preparation of the pre-sentence report), 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 and the applicable statutory mandatory minimum term. 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
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Case 1 :08-cr-00045-GIVIS Document 16 Filed 05/O1/2008 Page 3 of 3
his attorney or the United States, the defendant will not be allowed to withdraw his guilty plea on that
basis.
7. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe 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 requirements of this paragraph.
COLM F. CONNOLLY
United States Attorney
U QJ at
. A By: {
s A. Ortiz, Esquire Christopher J. Burke
Attomey for Defendarrt/ {pr Assistant United States Atto
Q/T? % ,
{PL 7x di
Matthew Palmer
Defendant
Dated: y' ( '
g»l—
AND NOW this i day of I 0*/, , 2008, the foregoing Memorandum
of Plea Agreement is hereby (accepted) Qrejecfedj y this Court.
%norg e Grgory M. Sleet
United ates District Court
F I L E D
MAY — l 2008
us. unsrmcr count
msrmcr or esmwims
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