Free Plea Agreement - District Court of Delaware - Delaware

\ Case 1:O7—cr—OO134-SLR Document 20 Filed O2/13/2008 log 40PM
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IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. )
) Criminal Action No. 07-134-SLR
MARQUES COMER, )
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attomey for the District of Delaware and Shawn A. Weede,
Assistant United States Attorney for the District of Delaware, and the defendant, Marques Comer,
by and through his attomey, 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 Court for the District of
Delaware to Count One ofthe Superseding Indictment, which charges him with being a prohibited
person in possession of a fireami, in violation of 18 U.S.C. § 922(g)(1). Count One carries a
maximum sentence of a term of imprisonment of ten (10) 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 Govermnent would have to prove
the following elements with respect to Count One of the Superseding Indictment: (1) on or about
July 25, 2007, he knowingly possessed a fireami, that is a Tula Arsenal rifle, model SKS, 7.62
x39mm caliber, serial number ZSH2284; (2) he had previously been convicted of a crime punishable
by more than one year of imprisonment; and (3) the firearm affected interstate commerce, that is, that
the firearm had previously crossed state lines. The defendant knowingly, voluntarily and

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intelligently admits his guilt to each of the above described elements of Count One of the
Superseding Indictment.
3. At or about the time of sentencing, the Government agrees to move to dismiss Count Two
as set forth in the Superseding Indictment.
4. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One of the Superseding Indictment, to wit, a Tula Arsenal rifle, model
SKS, 7.62 x 39rnm caliber, serial number ZSH2284, and seventeen (17) 7 .62 x 39mm caliber center-
fire cartridges, seized from him by police on or about July 25, 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 ofthe forfeiture
at sentencing, and incorporation ofthe forfeiture in the judgment. Defendant acknowledges that he
understands that the forfeiture of assets is part ofthe sentence that may be imposed in this case and
waives any failure by the court to advise him of this, pursuant to Rule 1l(b)(1)(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 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation ofthe pre-sentence report), the defendant
should expect that the Govemment will recommend that the Court impose a sentence within 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 the sentencing range
prescribed bythe sentencing guidelines. The defendant expressly acknowledges that if the Court
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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.
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 two—point reduction in the Offense Level for the defendant’s
affirmative acceptance of responsibility is appropriate. Further, if it is determined that the
defendant’s Offense Level, prior to the application of the aforementioned two—level reduction, is
Level 16 or greater, the government agrees to move for the reduction of the Offense Level by one
additional level, pursuant to Sentencing Guideline Section 3El . 1(b), for a total reduction of three
points.
7. The defendant agrees to pay the $100 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 (Z/ONNOLLY
United es Attorney
By¤ .
Elerri Kousoulis, Esquire S aw A. Weede
Attorney for Defendant ant United States Attorney
M ,C [7
Marque Comer
Defendant
Dated: Brliéffig
AND NOW, this 4*5% day of :3, , 2008, the foregoing Memorandum
of Plea Agreement is hereby (rejected) by this Court.
Honorable Sue L. &binson
United States District Judge
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