Free Plea Agreement - District Court of Delaware - Delaware

1 ‘ I Case 1:07-cr-00129-SLR Document 16 Filed 12(};7m(2)/ZM I/F{ag(9'&{p‘f\4COW,4,
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE 1
UNITED STATES OF AMERICA, ) X
riaamirr, i
v. i Criminal Action No. 07-129-SLR l
MICHAEL HENRY, g
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys, i
n Christopher J. Burke, Assistant United States Attorney for the District of Delaware, and Colm F. E
Connolly, United States Attorney for the District of Delaware, and the defendant, Michael Henry, by 7
and through his attorney, Keir Bradford, Esquire, the following agreement is hereby entered into by the (
respective parties: A-
1. The defendant shall plead guilty in the United States District Court for the District of _
A _ Delaware to Count One of the Indictment, which charges him with being a prohibited person in ·
· possession of a firearm, in violation of Title l8, United States Code, Sections 922(g)(1) and E
924(a)(2), which carries a maximum sentence of a term of imprisonment of ten years, a $250,000
fine, or both, three years supervised release, and a $100 special assessment. l
A 2. At the time of sentencing, the government agrees to move to dismiss Counts Two and ,
Three of the Indictment. l
3. The defendant understands that if there were a trial, the Government would have to `
prove the following elements with respect to Count One of the Indictment: (l) that the defendant
knowingly possessed a firearm; (2) at the time of the defendant’s possession ofthe firearm, he had

Case 1:07-cr-00129-SLR Document 16 Filed 12/17/2007 Page 2 of 4
previously been convicted of a crime punishable by more than one year’s imprisonment; and (3) that
the firearm affected interstate commerce, that is, that it had previously crossed state lines.
4. The defendant knowingly and freely admits that on July 4, 2007, he knowingly possessed
a firearm — specifically, a Smith and Wesson caliber .9mm pistol, model SW9\/E (serial number
PDK4l40) — while at the Burton Village apartment complex in Rehoboth Beach, Delaware. The l
defendant further admits that on this date, he was engaged in an argument with "A. M." at that l
apartment complex. The defendant acknowledges that after two acquaintances of A. M. arrived at
the apartment complex to give A. M. a ride, he displayed the firearm to them and told them that E
A. M. would not be leaving the complex with them. The defendant admits that after these two
people drove away, he continued to engage in an argument with A. M., during which he discharged
the firearm into the ground.
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 ofthe l
defendant’s timely guilty plea, a two—point reduction in the offense level for the defendant’s
affirmative acceptance of responsibility is appropriate, pursuant to Sentencing Guideline Section
3El . l(a). The government further agrees that if the defendant’s base offense level is determined by
the Court to be level 16 or greater, the government will move for an additional one-point reduction
to that offense level, pursuant to Sentencing Guideline Section 3El.l(b). l
6. The defendant agrees to abandon any right, title and interest that he may have in the (l) .
Smith and Wesson caliber .9mm pistol, model SWQVE (serial number PDK4 l 40); (2) the I4 rounds
of .9mrn cartridges; (3) the .9mm cartridge case; and (4) $3,843 in cash, all of which were all seized
by members of the Delaware State Police on either July 4 or July 5, 2007. He agrees to execute all
docrunents requested by the Government to effect his abandonment; and agrees that the Bureau of
Alcohol, Tobacco & Firearms andfor the Delaware State Police may dispose of these items in
whatever manner they deem appropriate. T
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7. The defendant understands that at sentencing the District Court must consider the United
States Sentencing Guidelines and take them into account in exercising its discretion to determine the
appropriate sentence and must also consider the other factors bearing on an appropriate sentence
pursuant to 18 U.S.C. § 3553(a). The defendant further understands that at this stage of the
proceeding (prior to the preparation ofthe Pres entence Investigation Report) the Government expects
to recommend that the Court impose a sentence consistent with the sentencing range set forth by the
Sentencing Guidelines. The defendant understands that the Court is not bound by any stipulation
between the parties, and that if the Court calculates the guidelines differently than he expects, or ·
contrary to any stipulation of the parties or recommendation of his attomey, that he will not be i
allowed to withdraw his guilty plea. in
8. The defendant agrees to pay the $100 special assessment the day of sentencing. Should _
C he fail to do so, the defendant agrees to voluntarily enter the United States Bureau of Prisons’ C i
administered program known as the Inmate Financial Responsibility Program though 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.
9. The United States Attorney reserves the iight to defend any ruling of the District Court
should there be an appeal from this case. `
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 have no effect whatsoever, unless they
comport with the subsequent written modification requirements of this paragraph.
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Case 1:07-cr-00129-SLR Document 16 Filed 12/17/2007 Page 4 of 4
COLM F. CONNOLLY {
United States Attorney ‘e
Kei Bradford, Esquire Chrrstopher J. Burk .
Attorney for Defendant _ Assistant United States Attorney .
1
,
Michael Henry, Defen ant {
I
A Dated: [7, LOD 7 ‘
OQ Q i
AND NOW, this I-1`lh day of , 2007, the foregoing Memorandum i
of Plea Agreement is hereb · (accepted (rejected) by this Court. I
Honorable Sue Robinson t
United States District Court by
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t
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