Free Plea Agreement - District Court of Delaware - Delaware


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Date: February 15, 2008
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State: Delaware
Category: District Court of Delaware
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.· Case 596?;1€5/rl (ggglépiixenfpgllm Fi|iH,9l2 O(?% ITE/gg tg .
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE _
UNITED STATES OF Al\/[ERICA, )
r Plaintiff ) (
v. i Criminal Action No. 07-159-JJF
TARREL D. ANDERSON, ) I
Defendant i
MEMORANDUM OF PLEA AGREEMENT
. Pursuant to discussions between the United States of America, by and through its attorneys,
I Colm F. Connolly, United States Attorney for the District-of Delaware, and Shawn E. Martyniak,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Tarrel
D. Anderson, 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
r Delaware to Cormt 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), which carries maximum sentence
of a term of imprisomnent 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 — (1) that on or about November 9, 2007, he lmowingly
possessed a firearm, that is, a I-ly-Point 9mm, semi-automatic hand-gun, serial number 017993;
(2) he had previously been convicted of a crime punishable by more than one year’s
imprisonment on or about December 8, 2005; and (3) the firearm affected interstate commerce,
that is, that the firearm had previously crossed state lines.

· Case 1:07-cr—00159-JJF Document 14 Filed 02/14/2008 Page 2 of 4
3. The defendant admits guiltto count one of the indictment. The defendant admits that on
November 9, 2007, he did knowingly possess a Hy-Point 9mm, semi-automatic hand-gun, serial
number 017993, that had previously affected inter—state commerce. The defendant further admits
I that he was a person prohibited from possessing a firearm due to a previous conviction of a crime
punishable by more than one years imprisonment. _ I
4. 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 Hy-Point 9mm, semi-automatic
hand—gun, serial number 017993 and two (2) 9mm rounds of ammunition seized from him by
police on November 9, 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
i 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 of the 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
7 failure by the court to advise him of this, pursuant to Rule 1l(b)(1)(J), at the time his guilty plea
is accepted. l
5. The defendant understands that the District Court must consider the United State’s
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 of the pre—sentence report), 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

A Case 1:07-cr—00159-JJF Document 14 Filed 02/14/2008 Page 3 of 4
sentencing judge. The Court may impose a sentence which exceeds, falls below, or is contained
within he sentencing range prescribed by the sentencing guidelines. The defendant expressly I I
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 of the United States, the defendant will not be allowed to withdraw his guilty plea
on that basis. ‘
_ 6. Provided that the United States does not subsequently learn of conduct by the
I defendant inconsistent with acceptance of responsibility, the United States agrees that in
n 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 Government will
move for an additional one—point reduction, pursuant to Sentencing Guideline Section 3El .1.
7. The defendant agrees to pay the $100 special assessment the day of sentencing.
Should he fail to do so, the Defendant agrees to volrmtarily 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.
. 8. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case. S
n 3

» Case 1:07-cr—00159-JJF Document 14 Filed 02/14/2008 Page 4 of 4
9. It is further agreed by the undersigned parties that this Memorandum supersedes all
V 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 Attorney
' a - or A A s I
BY! ·e· lnn - S ` .
Ke` Bradford, Esquire Shawn E. Martyniak
· Attorney for Defendant Special Assistant United Stat Attomey
Tarrel D. Anderson ·
Defendant
Dated: ·
AND NOW, this if ( day of ii) , 2008, the foregoing Memorandum
of Plea Agreement is hereby by this Court.
yl, ., at Wg
Hom ie Jos h J. W an
Unite ‘ tates District Judge
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