Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00151-SLR Document 29 Filed 05/20/2008 E ge 1$L3O
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A IN THE UNITED STATES DISTRICT COURT 5 L2 A/Z F
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff} g
v. ) Criminal Action No. 07-151-SLR
JOHN E. MANNING, g
Defendant. g n.
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 Christopher J. Burke, Assistant
United States Attomey for the District of Delaware, and the defendant, John E. Manning, by and _
through the defendant’s attorney, Christopher Koyste, Esquire, the following agreement is hereby E
entered into by the respective parties:
1. The defendant shall plead guilty to Count I of the Indictment, which charges him with
0 Possession of Child Pornography, a violation of Title 18, United States Code, Section 22 52A(a)(5)(B)
and (b)t2). This crime carries a maximum penalty often years imprisonment, a $250,000 fine, a life A
term of supervised release (with a minimum mandatory tcrm of tive years supervised release) and a
A special assessment of $100. At sentencing, the United States will move to dismiss Count H of the
Indictment against the defendant. i
2. The defend ant understands that if there were a trial, the Govermnent would have to prove the
following elements for Count I: (1) 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 A
genitals or pubic area of a minor; (2) the defendant knowingly possessed the child pornography; and

i Case 1 :07-cr-00151-SLR Document 29 Filed 05/20/2008 Page 2 of 3
{ (3) the child pomography had been transported in interstate commerce, or was produced using materials
-_ which had been transported in interstate commerce.
A 3. The defendant agrees to pay the $100 special assessment on the day of sentencing. If the
e Court orders the payment of any fine as part of the defendant’s sentence, the defendant agrees
. voluntarily to enter the Inmate Financial Responsibility Program through which the Bureau of Prisons
i will collect a portion of the defendant’s prison salary and apply it on the defendant’s behalf to the
payment of the outstanding debt ordered. U
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, pursuant to U. S .S .G. § 3El . 1 (a). If the defendant’ s
offense level is determined by the Court to be level 16 or greater, the United States will move for an
I additional one point reduction, pursuant to U.S.S.G. § 3El.l(b).
5. The defendant agrees to forfeit to the United States his interest in all computer hardware,
software, and storaemedia taken from the defendant’s home by U.S. Immigration and Customs
Enforcement agents and officers ofthe Delaware State Police 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. § 35 5 3(a) in determining an appropriate sentence. At
‘ l this stage (prior to the preparation of the pre-sentence report), the defendant should expect that the V
Government will recommend that the Court impose a sentence consistent with the sentencing range set I
forth by the sentencing guidelines. The defendant understands, however, that the ultimate determination
I of an appropriate sentence will be up to the sentencing j udge. The Court may impose a sentence which
errceeds, 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

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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.
7. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe 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.
s COLM F. CONNOLLY
q · United States Attorney
'/-W, By: "l»’W¢lL V ‘ - lin WL
topher Koyst , Esq ` e Christoph J. Burk `
Attomey foryefendant Assistant United States Attorney ‘
V/V ..—~t~ /{-\ < / In
J olm E. anning %.\__%J
Defe ant ,
Dated: / .
(7 1*xl
M J¤ ay
AND NOW this d—0`i- da of ____ , 2008, the foregoing Memorandum
. 6 .
of Plea Agreement is hereby 4 ccepted) rejected) by this Court.
Honorable Sue L. %obinson ‘
United States District Court
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