Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :08-cr-00003-GIVIS Document 15 Filed 05/O1/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. g Criminal Action No. 08-O3-GMS
VALDER H. DRAYTON, g
Defendant. i
MEMORANDUM OF PLEA AGREED/l
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 Robert F. Kravetz,
Assistant United States Attorney, and the defendant, Valder H. Drayton, 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 felon in possession of a
firearm, in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2). The
maximum penalties for Count One are a term of imprisonment of ten years; a $250,000 fine, 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: (I) that the defendant
knowingly possessed a firearm; (2) that at the time of the defendant’s possession ofthe firearm, he
had been convicted previously of a crime punishable by a term of imprisomnent exceeding one year;

Case 1 :08-cr-00003-GIVIS Document 15 Filed 05/O1/2008 Page 2 of 4
and (3) that the firearm affected interstate commerce, that is, that it had previously crossed state
lines.
3. ln connection with this Memorandum, the defendant admits: (1) that, on or about
August 24, 2007, he knowingly possessed a firearm, that is, a Kel-tech 9mm Luger handgun, Model
Pl 1, Serial No. 134323; (2) that at the time the defendant possessed the firearm, he had been
convicted previously on or about September 29, 1998, of a crime punishable by imprisonment for a
term exceeding one year, in the Superior Court of the State of Delaware, in and for Sussex County;
and (3) that prior to the defendant’s possession of the firearm, the firearm crossed state lines into
Delaware.
4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, Section 35 53(a) in
determining an appropriate sentence. At this stage, the defendant should expect that the
Govemment will recommend that the Court impose a sentence consistent with the sentencing range
set forth by 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 attomey 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 learn after the entry of the clef`endant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
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Case 1 :08-cr-00003-GIVIS Document 15 Filed 05/O1/2008 Page 3 of 4
States agrees to recommend a three—level reduction in the det`endant’s Sentencing Guidelines range
pursuant to U.S.S.G. § 3El.l.
6. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the defendant agrees to enter voluntarily into 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 the defendant’s prison salary and apply it on the
defendant’s behalf to the payment of the outstanding debt ordered.
7. 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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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 only in a written document 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
gf¢4£—y[/
Keir B dford, Esquire By: Robert F. Kravetz
Attorney for Defendant Assistant United States Attomey
Valder H. Drayton 5
Defendant
Dated: Jpn 73% 20 0 F
R i`
AND NOW, this I day of é 2008, the foregoing
Memorandum of Plea Agreement is hereby (accepted) ` this Court.
Hon. ego . Sleet
Chief United States District Judge
F I L E D
[M AY — l 2008
us. msrsict COURT
ons rmcr OF DELAWARE
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