Free Plea Agreement - District Court of Delaware - Delaware

Case 1:08-cr—00002-GIVIS Document 29 Filed 04/15/2008 Paget of4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
: Criminal Action No. 08-02-GMS
Plaintiff] :
v. :
GARY A. JOHNSON,
Defendant.
MEMORANDUM OF PLEA AGREEMj@
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 Seth M.
Beausang, Assistant United States Attorney for the District of Delaware, andthe defendant, Gary
A. Johnson, by and through his attomey, Edson A. Bostic, Esquire, the following agreement is
hereby entered into by the respective parties:
I. The defendant, Gary A. Johnson, agrees to plead guilty to Count One of the
Indictment, which charges that on or about November 7, 2007, in the State and District of
Delaware, the defendant did forcibly assault a person with the initials J .M.D., who at the time
was an employee of the United States engaged in the perfornrance of his official duties, and
inflicted a bodily injury, all in violation of 18 U.S.C. § ll I(a)( 1) & (b), an offense which carries
a maximum penalty of imprisonment of not more than 20 years, a $250,000 fine, or both, 3 years
of superyised release, and a $100 special assessment.
2. The defendant understands that the elements of the offense charged in Count One
to which he is pleading guilty are that on or about November 7, 2007, in the State and District of
Delaware; (I) the defendant forciby assaulted, (2) a person who at the time was a person

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designated in 18 U.S.C. § 1114, (3) while that person was in the performance of their official
duties, and (4) inflicted a bodily injury.
3. The defendant also agrees to plead guilty to Count Two of the Indictment, which
charges that on or about November 7, 2007, in the State and District of Delaware, the defendant
did forcibly assault a person with the initials M.A.C., who at the 1;ime was an employee of the
United States engaged in the performance of his official duties, all in violation of 18 U.S.C. §
1 1 1(a)(1).
4. The defendant understands that the elements of the offense to which he is
pleading guilty are that on or about November 7, 2007, in the State and District of Delaware: (1)
the defendant forciby assaulted, (2) a person who at the time was a person designated in 18
U.S.C. § 1114, and (3) while that person was in the performance of their official duties.
5. The defendant agrees to pay the $200 special assessment at the time of
sentencing.
6. Provided that the United States Attorney does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, the United States agrees to a
two-level reduction under U.S.S.G. § 3El.l(a) based on the defendant’s conduct to date.
7. Subject to the provisions in Paragraph 8 of this Memorandum of Plea Agreement,
the United States explicitly retains the right to make whatever recommendations at the time of
sentencing that it believes are appropriate and to defend the rulings of the sentencing court upon
appeal.
8. 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, 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. The Government and the defendant stipulate that United States
Sentencing Guideline § ZA2.3 (Minor Assualt) should apply to the defendant’s conviction under
Count I of the Indictment, sg United States v. Shumpert Hood, 2l0 F.3d 660, 663-64 (6th Cir.
2000) (holding that USSG § 2A2.3 applied to a defendant’s conviction under 18 U.S.C. §§
lll(a)(l) & (b) even though USSG § 2A2.3 and 18 U.S.C. § lll were not cross-referenced in
the Statutory Index), and that the defendant’s Offense Level for Count I, after a two—level
reduction for acceptance of responsibility, should be nine (9). The defendant understands,
however, that the ultimate determination of the appropriate sentencing guideline provision, and
the appropriate sentence, will be up to the sentencing judge, and that the Court is not bound by
the stipulation contained in this paragraph. The Court may impose a sentence which is within, or
which exceeds or falls below 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.
9. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements of the undersigned parties; that this Memorandum may
be modified only in writing signed by all the parties; and that any and all promises,
representations and

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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
United States Attorney
. BY: j
G A. 0 , Seth M. Beausang
Defendant Assistant United States Attorney
Dated· Dated:
/ son A. Bostic, Esquire
Attomey for Defendant
Dated: ) /5, /00*:/
r`* .
AND NOW, this g day of ’· , 2008,the foregoing Memorandum of
Plea Agreement is hereby (accepted) y this Court.
The Hgorablg Gregory M. Sleet, Chief Ju;
United States District Court for the District of Delaware
F l l- li?.
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