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, )
Plaintiff, )
v. ) Criminal Action No. 07-121-JJF
DOUGLAS RUNK, )
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attomeys, Colm F. Comrolly, United States Attomey for the District of Delaware, and Lesley F.
Wolf, Assistant United States Attorney for the District of Delaware, and the defendant, Douglas
Runk, by and through his attorney, Joseph Hurley, Esquire, the following agreement is hereby
entered into by the respective parties:
1. The defendant agrees to waive indictment and plead guilty in the United States
District Court for the District of Delaware to a two-count Felony Information, which charges him
with manufacture of a controlled substance, to wit, 50 or more marihuana plants, in violation of
Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C) (Count One) and being a
prohibited person in possession of a firearm, in violation of Title 18 United States Code
Sections 922(g)(1) and 924(a)(2) (Count Two). Count One carries a maximum sentence of
twenty years imprisonment; a $1,000,000 fine; a term of supervised release of at least three years
up to a life term of supervised release; and a $100.00 special assessment. Count Two carries a
maximum sentence of a term of imprisomnent of ten 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 Government would have
to prove the following elements of the offense charged in Count One: namely, (1) that on or

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about August 3, 2007, in the State and District of Delaware, the defendant Douglas Runk (2)
knowingly; (3) manufactured; (4) 50 or more marihuana plants. The defendant knowingly,
voluntarily and intelligently admits his guilt to those four elements of the offense charged in
Count One of the Information in the above case. The defendant also understands that if there
were a trial, the Government would have to prove the following elements of the offense charged
in Count Two: namely, (1) that on or about August 3, 2007, he knowingly possessed a two
firearms, to wit, a Mossberg Model 852 20 gauge shotgun, and a Springfield Savage Model 67E
12 gauge shotgun, serial number C485 586; (2) that in or around May 1992, in the Circuit Court
of Searcy County, Arkansas, he had been convicted of a crime punishable by imprisonment for a
term exceeding one year; and (3) the firearms affected interstate and/or foreign commerce.
3. At or about the time of sentencing, the Government will dismiss the Indictment
filed on September 4, 2007.
4. For purposes of sentencing, the defendant knowingly, voluntarily and
intelligently admits that on or about August 3, 2007, he knowingly manufactured two hundred
thirty-three (233) marihuana plants. For purposes of calculating the applicable Sentencing
Guidelines offense level, each marihuana plant is equivalent to one hundred (100) grams of
marihuana. Accordingly, for the purposes of calcu.lating the applicable Sentencing Guidelines
offense level, the parties agree and stipulate that the amount of marijuana attributable to the
defendant is between twenty (20) and forty (40) kilograms of marihuana. U.S.S.G. §
2Dl.1(c)(1l).
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 of the defendant’s timely guilty plea, the Government will not oppose a two-point
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reduction in the Offense Level for the defendant’s affirmative acceptance of responsibility. The
Government will move for an additional one-point reduction, if the defendant qualifies for such a
decrease under United States Sentencing Guideline Section 3E1.l(b).
6. 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 Court impose 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.
7. The United States Attorney reserves the right to defend any ruling of the District
Court should there be an appeal from this case. The defendant knows that he has, and voluntarily
waives, the right to file any appeal, any collateral attack, or any other writ or motion after
sentencing — including but not limited to, an appeal under 18 U.S.C. § 3742 or a motion under 28
U.S.C. § 2255 — except that the defendant reserves his right to appeal based on a claim that (1)
defendant’s sentence exceeded the statutory maximum, (2) the sentencing judge erroneously
departed upwards from the guidelines range, or (3) his counsel provided ineffective assistance.
8. It is further agreed by the parties that this Memorandum supersedes all prior
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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.
COLM F. CONNOLLY
United States Attorney
j_§%VAj { [ BY;
Dougl s Runk Lesley F. Wolf
Defe Assistant nited States Attomey
ose Hu y, E uire
A rne or De endant
3{€dZ S/20/02
AND NOW, this gi) day of , 2008, the foregoing Memorandum of
Plea Agreement is hereby y this Court.
| , rg Q l
Anim A U;w=¢·»~ ..1
Hon le Jo eph F arnan, Jr. I
Unite States District Judge
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