Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
V- )
)
RAHEEM JACKSON, ~ ) Criminal Action No. 07-141-] J F
Defendant. )
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 Lesley F.
Wolf Assistant United States Attomey for the District of Delaware, and the defendant, Raheem
Jackson, by and through his attorney, Eleni Kousoulis, Esquire, the following agreement is
hereby entered into by the respective parties:
1. The defendant agrees to plead guilty in the United States District Court for the
District of Delaware to.Count One of the Indictment, which charges him with being a prohibited
person in possession ofa firearm, in violation of 18 U.S.C. §§ 922(g)(l) and 924(a)(2), which
carries a maximum sentence ofa tenn ofimprisomnent often 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 the following elements of the offense; (1) that on or about August 14, 2007, he
knowingly possessed a firearm, that is, a Mossberg Model #500AT shotgun, serial number
G70434; (2) that on or about May 3, 2004, he had previously been convicted of a crime
punishable by imprisonment for a term exceeding one year; and (3) the firearm affected interstate
and/or foreign commerce.
3. On or before the sentencing date, the government will dismiss the reniaiiling if- WMF
counts of the Indictment. Z I- $*7,- __ i
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Case 1:07-cr-00141-JJF Document 15 Filed 01/11/2008 Page 2 of 4
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 Mossberg Model
#50OAT shotgun, serial number G'/0434.
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 ofthis, pursuant to Rule ll(b)(l)(J), at the time his guilty plea is accepted,
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
consideration of the defendant’s timely guilty plea, the Govermnent will not oppose a two-point
reduction in the Offense Level for the defendant’s affirmative acceptance of responsibility. The
Government will move for an additional one-point reduction, if the defendant qualifies for such a
decrease under United States Sentencing Guideline Section 3El.l(b).
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 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
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Case 1:07-cr-00141-JJF Document 15 Filed 01/11/2008 Page 3 of 4
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.
7. The United States Attorney reserves the right to defend any ruling ofthe District
Court should there be an appeal from this case.
8. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements of the 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 States Attorney
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“ #5% ,»·¢·’*Z”'<—~·~·* BY: \
Raheem ' kson Lesley F l lf
Defendant Assistant Llnited States Attomey
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Eleni Kousoulis, Esquire
Attorney for Defendant
Dated: l-Hfgq) `
3

Case 1:07-cr-00141-JJF Document 15 Filed 01/11/2008 Page 4 of 4
AND NOW, this JL day of\§"Q 62 L 200g the foregoing Memorandum of
. . .
Plea Agreement is hereby ) by this Court.
W " B-·' \I
Honoi{a— e J ep Farnan, Jr.
United States District Judge
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