Free Plea Agreement - District Court of Delaware - Delaware


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Date: April 14, 2008
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State: Delaware
Category: District Court of Delaware
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L , Case 1:08-cr—00029-GIVIS Document 11 Filed 04/14/2008 Page 1 of 3
[N THE UNITED STATES DISTRICT C()URT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA , )
Plaintiff g
v. ) Criminal Action No. 08-29-GMS
BRIAN KEITH TINSLEY, H, i
Defendant. ;
MEMORANDUM OF PLEA AGREEl\@N_'_[`_
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 Edmond Falgowski, Assistant
United States Attorney for the District of Delaware, and the defendant, Brian Keith Tinsley, H, by and
through his attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered into by the
respective parties:
l. The defendant shall enter a guilty plea to the one count Indictment, charging Possession of
a F ireamr by a Felon, in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2),
carrying the maximum penalty of ten years incarceration, a $250,000 fine, three years supervised
release, and a $100 special assessment.
2. The elements of Possession of a Firearm by a Felon are as follows:
a. The defendant possessed a firearm;
b. The defendant's possession was knowing;
c. At the time of the defendants possession, the firearm had affected interstate
commerce, and;

Case 1 :08-cr—00029-GIVIS Document 11 Filed 04/14/2008 Page 2 of 3
d. At the time of the defendant's possession he was a convicted felon.
3. Provided that the United States does not learn after the defandant’s entry of a guilty plea 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 under U.S.S.G.
§ 3E1.1(a). If the defendant’s offense level is 16 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3E1.1(a) and (lb).
4. The defendant agrees to forfeit to the United States any interest he may have in the 12 gauge,
pistol grip shotgun, Mossberg, serial number R748852, seized from his bedroom on or about
November 13, 2007.
5. 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 bythe 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. 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
2

Case 1 :08-cr—00029-GIVIS Document 11 Filed 04/14/2008 Page 3 of 3
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
2 Q Unit? States Attorney
uis A. Ortiz, Esqui Edmond Falgows
Attorney for Defendant Assistant United Stat Attorney
Brian Keith Tinsley, H
Defendant
Dated: L/ " Ll °` O 8
rh .
AND NOW, this Irl day of f · , 2008, the foregoing Memorandum
of Plea Agreement is hereby (accepted) ( ' ) by this Court.
/UQ
H r Gregory M. Sleet
United tates District Court
F I L E D
I APR 1 zz 2008 I
us. niscrmcr counr
..t?‘§I$ i€2l§.QF.'2§LAWARE
3

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