Free Plea Agreement - District Court of Delaware - Delaware

I Case 1 :07-cr-00143-JJF Document 32 Filed 07/01 /2008 Page 1 of 4 _
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff i
v. i Criminal Action N0. 07-143
CHARLES WARREN, )
Defendant i
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 Shawn E. Martyniak,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Charles
Warren, by and through his attorney, Eleni Kousoulis, Esquire, the following agreement is hereby
entered into by the respective parties:
1. The defendant shall plead guilty in the United States District Cotnt for the District of
Delaware to Count One of the Indictment, which charges him with possession with intent to
deliver more than five (5) grams of cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and
(b)(l)(B). The maximum penalties for this charge are forty (40) years imprisonment, including
five (5) years mandatory minimmn; a $2,000,000 fine; lifetime supervised release, with four (4)
years mandatory minimum, and a $100 special assessment.
2. The defendant shall also plead guilty in the United States District Court for the District of
Delaware to Count Two 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) 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.

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3. The defendant understands that if there were a trial, the Government would have to prove
all elements of every offense. As to Count One — The Government would have to prove: (l)
substance in question contained cocaine base; (2) that on or about October ll, 2007, the
defendant possessed the substance containing cocaine base; (3) the substance containing cocaine-
base weighed in excess of five (5) grams; (4) the defendant possessed the substance containing
cocaine base with the intent to distribute the substance. As to Count Two — The Govermnent
would have to prove: (l) that on or about October ll, 2007, the defendant knowingly possessed a
firearm, that is, a Rossi Inter-arms .38 special revolver, serial number 075051; (2) he had
previously been convicted of a crime punishable by more than one year’s imprisomnent on or
about April 21, 2003; and (3) the firearm affected interstate commerce, that is, that the firearm
had previously crossed state lines.
4. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count Two of the Indictment, to wit, a Rossi Inter-arms .38 special revolver,
serial number 075051, seized from him by police on October ll, 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 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 failure by the court to advise him of this,
pursuant to Rule ll(b)(l)(J), at the time his guilty plea is accepted.
5. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in l8 U.S.C. Section 3553(a) in determining an

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appropriate sentence. At this stage (prior to the preparation of the 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 he 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 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 defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of
the defendant’s timely guilty plea, a three-point reduction in the Offense Level for the
defendant’s affirmative acceptance of responsibility is appropriate.
7. The defendant agrees to pay a $200 special assessment 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.
8. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
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9. 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 Attorne
‘ ~ (_ {a __,_ W,
BYÂ¥ `-i4` A J .4
Eleni Kousoulis, Esquire ` awn E. Martyniak 7
Attorney for Defendant Special Assistant Unit u Stat ttorney
Charles Warren
Defendant
Dated: 7/ [ » @8
AND NOW, this [ day of , 2008, the foregoing Memorandum
of Plea Agreement is hereb » (accepte j c y this Court.
\ q'
\ MM 9 ”
Ho Q Joseph Farnan JR 1
Unite tates District Judge
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