Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00139-GIVIS Document 9 Filed 01/10/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. g Criminal Action N0. 07-139-GMS
STEPHEN PRIEST, g
Defendant. g
MEMORANDUM OF PLEA AGREEMQKIQ
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 Shannon
T. Hanson, Assistant United States Attorney for the District of Delaware, and the defendant,
Stephen Priest, by and through his attorney, Keir Bradford, Esquire, the following agreement is
hereby entered into by the respective parties:
1. The defendant, Stephen Priest, agrees to plead guilty to Count Four of the
Indictment against him. Count Four charges the defendant with violating 29 U.S.C. § 50l(c),
willful conversion of union funds. The maximum penalties for Count Four are tive years
imprisomnent, three years supervised release, a $10,000 fine, a $100 special assessment, and
restitution to the victim, United Auto Workers Local 1516 ("Local 1516").
2. The defendant understands that if there were a trial, the Government would have
to prove the following elements with respect to Count Four beyond a reasonable doubt: (1) that
on or about April 25, 2005, defendant Stephen Priest knowingly embezzled or unlawfully
converted to his own use or the use of another; (2) the moneys, funds or other assets of Local
1516, to wit, check number 2913 for $1,948.41 drawn on Local 15 1 6's checking account with

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Wachovia Bank, N.A.; (3) Local 1516 was a labor organization engaged in an industry affecting
commerce, of which; (4) the defendant was at all times alleged in the Indictment an officer, to
wit, Financial Secretary.
3. The defendant knowingly, voluntarily, and intelligently admits that he is in fact
guilty of the offense described in paragraphs one and two.
4. 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. Based on information available to it at this stage (prior to the preparation
of the pre-sentence report) and provided that the government does not leam of information
inconsistent with the defendant’s representations to date, the government will not oppose a
variance from the otherwise applicable guideline range based on the history and characteristics of
the defendant, under 18 U.S.C. Section 3553(a)(1). In particular, the defendant’s repayment of
substantially all of the restitution owed to the victim Local 1516 prior to his being charged in this
case merits consideration under Section 3553(a)(l). The govemment reserves the right to (a)
contest a variance or departure on other grounds and (b) contest a variance or departure on other
grounds ii, prior to sentencing, the government leams of information inconsistent with the
defendant’s representations to date.
5. The defendant understands 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 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
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to the recommendation of his attorney or the United States, the defendant will not be allowed to
withdraw his guilty plea on that basis.
6. The parties hereby agree and stipulate that, for purposes of the Sentencing
Guidelines, the total loss attributable to the defendant for his conduct as alleged in the Indictment
is more than $70,000 but less than $120,000.
7. The defendant agrees to pay the $100 special assessment at the time of
sentencing. Should he fail to do so and should he be incarcerated as a consequence of this
conviction, the defendant agrees to voluntarily enter the United States Bureau of P1isons’
administered program known as the Inmate Financial Responsibility Program through which the
Bureau of Prisons 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.
8. Provided that the United States Attorney does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, at sentencing, the United States
will not obj ect to a two-level reduction under U.S.S.G. § 3E1.1(a) based on the defendant’s
conduct to date and will move for an additional one-level reduction under U.S.S.G. § 3El.l(b).
9. At the time of sentencing, the United States agrees to move to dismiss Counts
One through Three and Five through Twelve of the Indictment retumed against the defendant on
October 23, 2007.
10. 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
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have no effect whatsoever, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONN OLLY
United States Attorney
; __ \Q
Stephen Priest i on ` Hans n
Defendant · ssistant United States Attomey
KeiréBradf0rd é
Attorney for Defendant
Dated:
(I, L é
AND NOW, this Q_ day of U °"\— , 200i the foregoing Memorandum of
Plea Agreement is hereby (accepted) (mj-eeted-) by this Court.
HONfl GREGORY M.;LEET
Chief Judge
United States District Court
F I L E D
ICJ/\N l 0 2008 I
u.S. DISTRICT COURT
DISTRICT oI= DELAWARE
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