Free Plea Agreement - District Court of Delaware - Delaware

· Case 1 :07-cr-00170-SLR Document 13 Filed 02/13/ 8 Paged of 4 P f,
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
UNITED STATES OF AMERICA, )
` PlaintiffQ g l
v. )
) Criminal Action No. 07- 1 70-SLR
JARROD WILLIAMS, ) ,
l Defendant. g
- I MEMORANDUM OF PLEA AGREEMENT . M
l Pursuant to discussions between the United States of America, by and through its attomeys, I
Colm F. Connolly, United States Attorney for the District of Delaware and Shawn A. Weede,
g Assistant United States Attorney for the District of Delaware, and the defendant, Jarrod Williams,
by and through his attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered into A
by the respective parties: _
‘ l. 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 prohibited person in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(l). Count One carries a maximum I
sentence of a term of imprisonment of ten (10) years, a fine of $250,000, or both, three years l
supervised release, and a $100 special assessment.
2. _ The defendant understands that if there were a tri al, the Government would have to prove iili
the following elements with respect to Count One ofthe Indictment: (1) on or about November 24, i
2007, he knowingly possessed a firearm, that is a Davis Model P-32, .32 caliber handgun, serial I
number i#Pl70890; (2) he had previously been convicted of a crime punishable by more than one A
year of imprisonment; and (3) the firearm affected interstate commerce, that is, that the firearm had l 1
previously crossed state lines. The defendant knowingly, voluntarily and intelligentlyadmits his
_ guilt to each of the above described elements of Count One of the Indictment.

· Case 1:07-cr-00170-SLR Document 13 Filed O2/13/2008 Page 2 of 4
3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
· S violation alleged in Count One ofthe Indictment, to wit, a Davis Model P-32, .32 caliber handgun, _
serial number #P 1 70890, seized from him by police on or about November 24, 2007. The defendant
further agrees to waive all interest in any such asset in any administrative or judicial forfeiture i
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 I
. acknowledges that he understands that the forfeiture of assets is part of the sentence that may be
imposed in this case and waives any failure by the court to advise him of this, pursuant to Rule
ll(b)(l)(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 {
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 within 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 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 ofthe
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defendant’s timely guilty plea, a two-point reduction in the Offense Level for the defendant’s p
affirmative acceptance of responsibility is appropriate. Further, the Government agrees to move for
the reduction ofthe Offense Level by one additional level, pursuant to Sentencing Guideline Section
3iEl .1 (b), for a total reduction of three points. |
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 P1isons’
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. E
7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case;
E
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8. It is tiirther 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 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 nd ve no effect whatsoever-
coLM F. OLLY
y United si Attorney
,1
6* 5 ` By: - ‘ _
uis A. Ortiz, Esquire S awn . Weede
Attorney for Defendant A sist t United States Attorney
. J§od Williams I- I
Defendant
j Daédi 2 - ¤?»——<·=· Er ¥
_· AND NOW, this f5`i+~ day of , , 2008, the foregoing Memorandum:
_ of Plea Agreement is hereby (rejected) by his Court. A
A Honorable Sue L. §obinson
United States District Judge
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