Free Plea Agreement - District Court of Delaware - Delaware

GaS<;ftQ7(;gg-y09J»$5Q+~}i)1F—- fl3¤¤¤r£ie¤bi=¤t2» tc-Fllqcitqg)/96é§0g§,.1-y¤i?aset23¤I 4?—<<>$§
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
)
v. ) Criminal Action No. 07—l63—JJF
DEODDRICK PURNELL, 3
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
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 Martin C. Meltzer,
Special Assistant United States Attorney for the District of Delaware, and the Defendant, Deoddrick
Purnell, by and through his attorney, Keir Bradford, Esquire, the following agreement is hereby
entered into by the respective parties:
l. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One ofthe Indictment, which charges him with being a prohibited person in
possession of a firearm, in violation of l8 U.S.C. §§ 922(g)(l), and 924 (a) (2) which carries a
maximum sentence of a term of imprisonment of ten years, a fine of $250,000, 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
three elements of the offense — (I) that on or about November 30, 2007, he knowingly possessed a
firearm, that is, a Ruger P95DC, nine millimeter caliber pistol serial number 3 l4l5l25;(2) he had
previously been convicted of a crime punishable by more than one year’s imprisonment on or about
October 2l, 2002, and (3) the firearm affected interstate commerce, that is, that the firearm had
previously crossed state lines. The defendant knowingly admits that heidid, in
conduct alleged in Count I of the Indictment.
: FEB 3 2003 l
Q l-a.-,D.i. -

Case 1 :07-cr-00163-JJF Document 12 Filed 02/06/2008 Page 2 of 4
3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One of the Indictment, to wit, a Ruger P95DC, nine millimeter caliber
pistol serial number 31415125, and a magazine containing 15 rounds of ammunition seized from
him by police on November 30, 2007. 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, announcement of the forfeiture at sentencing, and
incorporation ofthe forfeiture in the judgment. Defendant 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 1 l(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
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 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
2

Case 1 :07-cr-00163-JJF Document 12 Filed 02/06/2008 Page 3 of 4
_ 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 Govemment will
move for an additional one-point reduction, pursuant to Sentencing Guideline Section 3El .l.
6. The defendant agrees to pay the $100 special assessment on or before 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 of the 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 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 Attomey
1 By: gg- gf / // AEM-J
eir Bradford, Esquire Martin C. Meltzer O
Attomey for Defendant Special Assistant United States Attomey
EQEOQDZ-TCM F7~rznv€// Dated; Lg.? gK';f9i‘·
Deoddrick Pumell
Defendant {_ -
Kt in if ~ L 1 r J U Y1
0 Ji _,| V ;. if `
./¤2fQ,fQ/¢\u ·~‘
A fu tn X. fl
`
"j/{-',|"J ./`I I
.·” __: A
-

UNITE§qepA1pQ§—gF0 g§7 Document 12 Filed 02/06/2008 Page 4 of 4
)
F . . .
v. ) Criminal Action N0. 07-163-JJF
)
DEODDRICK PUTRNELL, )
)
Defendant. )
ORDER
AND NOW, this 6 day of I-JT b\J'L(/`·‘“‘;/? , 2007, the foregoing Memorandum
of Plea Agreement is hereb *rejected) by this Court.
lo. __l- I. _ _ `
we ¢i;»L—»~/I
Honoraihle Jos ph J. F man, Jr. »
United §tates District Judge
4

Case 1:07-cr-00163-JJF

Document 12

Filed 02/06/2008

Page 1 of 4

Case 1:07-cr-00163-JJF

Document 12

Filed 02/06/2008

Page 2 of 4

Case 1:07-cr-00163-JJF

Document 12

Filed 02/06/2008

Page 3 of 4

Case 1:07-cr-00163-JJF

Document 12

Filed 02/06/2008

Page 4 of 4