Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr-00044-SLR Document 18 Filed 06/ r OO Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT CQ (O O`?
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. ) Criminal Action No. 08-44-SLR
BRYANT K. ERVlN )
Defendant. )
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 Shawn A. Weede,
Assistant United States Attorney for the District of Delaware, and the defendant, Bryant K. Ervin,
by and through his attorney, 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 prohibited person in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Count One carries a maximum
sentence of a term of imprisonment of ten (10) years, a fine of $250,000, 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) on or about February 16,
2008, he knowingly possessed a firearm, that is a Cobra Enterprises, model CA32, semi-automatic
.32 caliber handgun, serial number CPO26498; (2) he had previously been convicted of a crime
punishable by more than one year of imprisonment; and (3) the firearm affected interstate commerce,

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that is, that the firearm had previously crossed state lines. The defendant knowingly, voluntarily and
intelligently admits his guilt to each ofthe above described elements of Count One ofthe Indictment.
3. 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 Cobra Enterprises, model CA32, semi-
automatic .32 caliber handgun, serial number CPO26498, seized from him on or about February 16,
2008. 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 that 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.
4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. The defendant understands 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 subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of the
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defendant’s timely guilty plea, a two-point reduction in the Offense Level for the defendant’s
affirmative acceptance of responsibility is appropriate. Further, if it is determined that the
defendant’s Offense Level, prior to the application ofthe aforementioned two-level reduction, is
Level 16 or greater, the Government agrees to move for the reduction of the Offense Level by one
additional level, pursuant to Sentencing Guideline Section 3El.l(b), for a total reduction of three
points.
6. The Government understands that the defendant intends to make a motion for a downward
departure from the Sentencing Guidelines pursuant to Sentencing Guideline § 5K2.ll (Lesser
Harms) on the basis that the defendant, in possessing the firearm described above, committed the
crime in order to avoid a perceived greater harm. The Government agrees to not oppose this motion.
7. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the defendant agrees to voluntarily enter 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 defendant’s prison salary and apply it on 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
should there be an appeal from this case.
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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 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 » d have no effect whatsoever.
COLM F. _ p OLLY
United St ' s Attomey
{
By: . ..4
Kei Bradford, Esquire Shawn A Weede
Attorney for Defendant Assista United States Attorney
Bryant Ig. Ervin C,
Defendant
Dated: é“" -5 " G8
AND NOW, this 6 /¤~ day of , 2008, the foregoing Memorandum
of Plea Agreement is hereby (re cted) by this Court.
Honorable Sue §l{obinson
United States District Judge
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