Free Plea Agreement - District Court of Delaware - Delaware

Case 1:08-cr-00021-JJF Document 21 Filed 07/08/2008 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
)
)
v. ) Criminal Action No. 08-21-JJF
)
)
JACQUAN SMITH, )
)
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomeys,
Colm F. Connolly, United States Attomey for the District of Delaware, and Ilana H. Eisenstein,
Assistant United States Attomey for the District of Delaware, and the defendant, Jacquan Smith, by
and through his attomey, Elayne Bryn, 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 Counts II and III of the Indictment. Count II of the Indictment charges him with
possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841. (a)(1) and (b)(1)(D),
which carries a maximum penalty of 5 years of imprisonment, up to a $250,000 fine, a lifetime of
supervised release, of which 2 years are minimum mandatory, and a $100 special assessment. Count
III of the Indictment charges him with possession of a firearm in furtherance of a drug trafficking
crime, in violation of 18 U.S.C. § 924(c), which carries a maximum penalty of lifetime
imprisomnent, of which 5 years are minimum mandatory and must run consecutive to any other
penalty imposed, up to a $250,000 fine, or both, 5 years of supervised release, and a $100 special

Case 1:08-cr-00021-JJF Document 21 Filed 07/08/2008 Page 2 of 4
· l assessment. The Government agrees to dismiss Count I of the Indictment, at or about the time of
sentencing.
2. The defendant understands that, if there were a trial, the United States would have to prove
beyond a reasonable doubt the elements of the offense to which he is pleading guilty. For Count II
the elements are: (1) on or about December 12, 2007, the defendant knowingly possessed a
controlled substance; (2) the substance was marijuana; (3) the defendant acted knowingly; and
(4) the defendant acted with the intent that the substance would be distributed to one or more other
(X rsons. For C9,1nt III the elements are: (1) the defendant committed the drug trafficking crime
® §§:ged in Count§\`pf the Indictment; (2) the defendant knowingly possessed a firearm, that is a .22
caliber Ruger Pistol, serial number 215-18842; and (3) the defendant possessed the firearm in
furtherance of the commission of the drug trafficking crime charged in Count II of the Indictment.
3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count III ofthe Indictment, to wit, a .22 caliber Ruger Pistol, serial number 21 5-
18842 and 1 .22 caliber round of ammunition seized from him by police on December 12, 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,
amiouncement 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 ofthe sentence that
may be imposed in this case and waives any failLu·e by the court to advise him of this, pursuant to
Rule 1l(b)(1)(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
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~ appropriate sentence. At this stage (prior to the preparation ofthe 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 applicable mandatory minimum penalties and 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.
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
defendant’s timely guilty plea, a two-point reduction in the Offense Level for the defendant’s
affirmative acceptance of responsibility is appropriate, and the Govermnent will move for an
additional one-point reduction, pursuant to Sentencing Guideline Section 3E1.1.
6. 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.
7. The United States Attorney reserves the right to defend any ruling ofthe District Court
should there be an appeal from this case.
8. 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
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{ 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.
COLM F. CONNOLLY
United States Attorney
MZ , By: H »··=—`_
ayne B , Esquire a H. ` nstein
Attorney or Defendant Assistant United States Attorney
QXE VXA Dil l\ $5 Q/\\;;
Jacquan Smith
Defendant
Dated: gf, {5 gl g OU 5-
AND NOW, this & day of , 2008, the foregoing Memorandum of
Plea Agreement is hereby ) (M£j¢9%dd) by this Court.
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Mn;. A MM
Hono le J ep Q Farnan, Jr. '
Unite ' tates District Judge
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