Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00117-GIVIS Document 13 Filed 10/22/2007 Page 1 of 4
· IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE I
UNITED STATES OF AMERICA, )
)
I
v. ) Criminal Action No. 07-l 17 GMS
STEPHEN R. GOODMAN g
Defendant. i
MEMORANDUM OF PLEA AGREEMENT -
Pursuant to discussions between the United States of America, by and through its attorney,
Colm F. Connolly, United States Attorney for the District of Delaware, and Martin C. Meltzer,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Stephen
R. Goodman, by and through his attorney, Keir Bradford, 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 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), which carries a maximum sentence
of a term ofimprisonment often years, a fine of $250,000, or both, three years supervised release,
and a $100 special assessment.
in 2. The defendant understands that if there were a tri al, the overnment would have to prove
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three nelements of the offense — (I) that on or about Aprrl I5, 2 07, he knowingly possessed a 7/t
firearm, that is, a Bryco Amis Model 48 .380 semiautomatic handgun, serial number 969603; (2) he
had previously been convicted of a crime punishable by more than one year’s imprisonment on or 6)
about May l2, 2003, and (3) the firearm affected interstate commerce, that is, that the fireaim had
previously crossed state lines.

Case 1 :07-cr-00117-GIVIS Document 13 Filed 10/22/2007 Page 2 of 4
· 3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the i
violation alleged in Count One ofthe Indictment, to wit, a Bryco Arms Model 48 .3 80 semiautomatic
handgun, se 'al numbe 969603, and 5 rounds of .380,caliber am untion seized from him by police
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on l 15, 2007. The defen an 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 of the sentence that may be imposed in this case and waives any failure by the court to i
advise him of this, pursuant to Rule ll(b)(l)(J), at the time his guilty plea is accepted.
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. At this stage (prior to the preparation ofthe pre—sentence report), the defendant
should expect that the Government will recommend that the Courtimpose 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 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.
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
2

Case 1 :07-cr-00117-GIVIS Document 13 Filed 10/22/2007 Page 3 of 4
, 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, and the Government will
move for an additional one—point reduction, pursuant to Sentencing Guideline Section 3El . l. -
6. The defendant agrees to pay the $100 special assessment on or before the day of V
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.
7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
8. It is furthernagreed 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 F. CONNOLLY
Lg { g ; Z United States 'Attorney J
Keir .Bradford, Esquire rtin . Meltzer
Attorney for Defendant Special Assistant United States ’· rney
Y & / Dated: Z? { ZG?)
eph n R. Goodman
Defendant
3

Case 1:07-cr-00117-GMS Document 13 Filed 10/22/2007 Page 4 of 4 I `
AND NOW, this QW day of é · , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) (reje ted) by this Court.
I
Hono le Gr gory M. Sleet
Unite States District Judge
A 4
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