Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-OO157_-SLR Document 24 Filed 05/21/2008 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT 5'[Q /mj?/V/up
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
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Plaintiff, )
v. g Criminal Action No. 07—l57—SLR
PHILIP WESLEY GRAHAM, l
Defendant. g l
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney, Colm
F. Connolly, United States Attorney for the District of Delaware, and Edmond Falgowski, Assistant
United States Attorney for the District ofDelaware, and the defendant, Philip Wesley Graham, by and
through the defendant's attorney, Dean Boland, Esquire, the following agreement is hereby entered into
by the respective parties:
1. The defendant shall enter a guilty plea to Count 8 of the Indictment charging Possession of
Child Pornography, a violation of Title 18, United States Code, Section 2252A(a)(5)(B) and (b)(2),
which carries a maximum penalty of ten years imprisomnent, a $250,000.00 fine, a life term of
supervised release, or any or all of the above, and a special assessment of $100. At sentencing the
United States will move to dismiss the remaining counts of the Indictment against the defendant.
2. The defendant acknowledges that the elements of the offense are as follows;
a. The defendant possessed child pornography, defined as a visual depiction of a
minor engaged in an actual or simulated sex act and/or the lascivious exhibition
ofthe genitals or pubic area;
b. The defendant knowingly possessed the child pornography; and

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I c. The child pornography had been transported in interstate commerce, or was
produced using materials which had been transported in interstate commerce.
3. The defendant agrees to pay the special assessment on the day of sentencing- If the Court
orders the payment of any fine as part of the defendant’s sentence, the defendant agrees voluntarily to
enter the Imnate Financial Responsibility Program through which the Bureau of Prisons will collect a
portion ofthe defendant’s prison salary and apply it on the defendant’s behalf to the payment of the
outstanding debt ordered.
4. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing a
two—level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(a). lf the defendant’s
offense level is I6 or greater, the United States will move for an additional one point reduction,
pursuant to U.S.S.G. § 3El.l(a) and (b).
5. The defendant agrees to forfeit to the United States his interest in all computer hardware,
software, and storage media taken from the defendant’s home by the ICE special agents on or about
October 26, 2007.
6. 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
detemiination 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


Case 1:07-cr-00157-SLR Document 24 Filed 05/21/2008 Page 3 of 3
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.
7. It is further agreed by the panties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned 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, unless they comport
with the subsequent written modification requirements of this paragraph.
COLM F. CONNOLLY_
United S ates Attom f
DQ/M /
By:
Dean Boland, Esquire E ond Falgows
Attomey for Defendant Assistant United States tomey
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Phili Wesley Graham
Defendant
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Dated:$ ' '
AND NOW this ggtw day of 2008, the foregoing
Memorandum of Plea Agreement is hereby (ae-cepted) ejected) by this Court.
HONO%§DLE L- ROBINSON
United States District Court
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