Free Plea Agreement - District Court of Delaware - Delaware

‘ Case 1 :08-cr—00038—SLR Document 17 Filed 06/30/2008 Pagigifg r( 2
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff l
v. i Criminal Action N0. -/5% ' 3
MARK TRAVIS, i
Defendant i
MEMORANDUM OF PLEA AGREEMENT
Pursuant t0 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 E. Martyniak,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Mark
Travis, by and through his attorney, Tony Ortiz, 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 possession with intent to
deliver heroin in violation of2l U.S.C. §§ S41(a)(l) and (b)(`l)(C). The maximum penalties for
this charge are twenty (20) years imprisonment, a $1,000,000 fine; lifetime supervised release,
and a $100 special assessment.
2. The defendant shall also plead guilty in the United States District Court for the District of
Delaware to Count Two of the Indictment, which charges him with knowingly canying a firearm,
to wit, a Glock Model 17, 9mm semi-automatic handgun, serial number EVUIOOUS, during and
in relation to a drug trafficking offense which may be prosecuted in a Court of the United States
(to wit, the knowing possession with intent to deliver heroin, as set forth in Count I of the
Indictment) and knowingly possessing said firearm in furtherance of said drug trafficking crime,

Case 1:08-cr—00038—SLFl Document 17 Filed 06/30/2008 Page 2 of 4
all in violation of 18 U.S.C. § 924(c)(l)(A), which carries a maximum sentence of life, including
a minimum mandatory penalty of five years, a $250,000 fine, five years supervised release, and a
$100 special assessment.
3. The defendant understands that if there were a trial, the Government would have to prove
all elements of every offense. As to Count I — The Government would have to prove: (l)
substance in question was heroin; (2) that on or about Febmary 6, 2008, the defendant possessed
the heroin; (-4) the defendant possessed the heroin with the intent to distribute the substance. As
to Count II » The Government would have to prove: (1) that on or about February 6, 2008, the
defendant knowingly possessed a firearm, that is, a Glock, Model IT, 9mm semi-automatic
handgun, serial number EVUI 00US; (2) the defendant carried the firearm during and in relation
to the drug trafficking crime (to wit: possession with intent to deliver heroin), and (3) knowingly
possessed said firearm in furtherance of said drug trafficking crime.
4. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count H of the Indictment, to wit, a Glock, Model 17, 9mm semi-automatic
handgun, serial number EVUIOOUS, seized from him by police on February 6, 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 ofthe 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 ease and waives any failure by the court to advise him
of this, pursuant to Rule 1l(b)(l)(.l), at the time his guilty plea is accepted.
5. The defendant understands that the District Court must consider the United States

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Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 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 minimum mandatory penalties. 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 of 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 subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of
the defendant’s timely guilty plea, a three-point reduction in the Offense Level for the
defendant’s affirmative acceptance of responsibility is appropriate.
7. The defendant agrees to pay a $200 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 ofthe 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 sined 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 Attomey
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Tony O , Esquire Shawn E. Martyniak ,/
Attorney for Defendant Special Assistant United States ttorney
M Travis
Defendant
Dated:
AND NOW, this *3*0*** day of gw; , 2008, the foregoing Memorandum
of Plea Agreement is hereby (rejected) by this Court.
Eonorable Sue égllobinson
United States District Judge
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