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, :
p Plaintiff :
v, Criminal Action No. 07-lr26,.l.[E`..........:.m.r.r DIIID -,,i................m
IALAL ALIAHMED, : ‘ "““" -
a/k/a Gala] Aliahmed, Q DEC 5
Defendant. : _________,___M___
I “·S· mlllliltllllr
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 Douglas E. McCann,
I Assistant United States Attorney for the District of Delaware, and the defendant, Jalal Aliahmed,
by and through his attorney, Christopher Koyste, Esquire, the following agreement is hereby
entered into by the respective parties: _
I. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count II of the Indictment. Count H charges him with knowingly escaping from the
custody of an officer of the United States, wherein he was held by virtue of his lawful arrest for a
felony offense. The maximum penalties for Count II of the Indictment are tive years
imprisonment, a $250,000 fine, up to three years supervised release, and a $100 special
assessment.
2. The defendant understands that if there were a trial, the United States would have to I
prove beyond a reasonable doubt the elements of the offenses to which he is pleading guilty, that
is for Count II: (1) on or about August 28, 2007, the defendant was in the custody of a Special
Agent of the Federal Bureau of Investigation; (2) the custody was by virtue of an arrest for a

Case 1 :07-cr-00126-JJF Document 22 Filed 12/06/2007 Page 2 of 4 I
felony violation of Title 21, United States Code, Section 841; (3) the defendant left custody
without authorization; and (4) in so doing, the defendant knew that he was leaving custody J
without authorization. C
3. The defendant understands that the District Court must consider the United States E
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 35 53(a) in determining an
appropriate sentence. At this stage (prior to the preparation of the pre-sentence report), the Q
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 o_f 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 5
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.
4. Provided that the United States Attorney does not learn of conduct inconsistent with
acceptance of responsibility, the United States will recommend a two-level reduction in the
offense level for the charge above for the defendants affirmative acceptance of responsibility
under Sentencing Guideline § 3El.1. The United States makes this recommendation because the
defendant has timely notified authorities of his intention to enter a plea of guilty, thereby
permitting the United States to avoid preparing for trial and permitting the Court to allocate its
resources efficiently. C
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5. 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 w
Prisons’ administered program known as the Inmate Financial Responsibility Program through g
which the Bureau of Prisons will collect a portion of defndant’s prison salary and apply it on
defendant’s behalf to the payment of the outstanding debt ordered. q
6. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
`
7. 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. _
///
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8. The United States agrees to move to dismiss Count I of the Indictment around the time
of sentencing.
COLM F. CONNOLLY
United States Attorney _
%g;gm 4
- hristopher Koyste, Esq re ougl s E. McCann
Attorney for Defendant Assis ant United States Attorney
Za1a1_A1iahmed
Defendant
Dm /}’ é » QW)
AND NOW, this in day of J.Y*;QkQ"“ , 2007, the foregoing Memorandum
_ of Plea Agreement is hereby acceptem ( by this Court.
.tt _* V mw B
HON ~~. LE OS H J. FARN ,".
UNITED TATES DISTRICT JUDGE l
4 ,

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