FOR THE DISTRICT OF DELAWARE `
C UNITED STATES OF AMERICA, ) i
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A —-va l
v. ) Criminal Action No. 07-116-HF
ma SPENCER, 3 fr ¤ t H D
Defendant. l Nm; 2 j jijgj .
MEMORANDUM OF PLEA AGREEMENT · Us- mmm mw A
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Pursuant to discussions between the United States of America, by and lT1`â€O¤ll_gl’!. 1t§`aTt6rneys, ;
Cohn F. Connolly, United States Attorney for the District of Delaware, and Seth Beausang, W
Assistant United States Attorney for the District of Delaware, and the defendant, Tyreke Spencer,
by and through his attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered into (
knowingly, voluntarily and intelligently 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 Indictment in the above case. Count One charges the defendant with
being a felon in possession of a firearm, in violation of l S U.S .C. §§ 922(g)(l) and 924(a)(2). Count
One ofthe Indictment carries a maximum sentence of a tenn of imprisonment often years, a fine of
$250,000, three years supervised release, or any or all ofthe above, and a $100 special assessment.
2. The defendant understands that if the case proceeded to a trial, the Government would
have to prove the following three elements ofthe offense — (1) that on or about August 14, 2007, he
knowingly possessed a firearm, that is a Taurus, Model PT-I ll 9 mm pistol, serial number
TYH26574; (2) he had previously been convicted of a felony crime punishable by more than one
year’s imprisonment in the Superior Court of and for the County of New Castle in the State of
Delaware on or about April 30, 200I; and (3) the firearm affected interstate or foreign commerce,
that is, that the firearm had previously crossed state lines or entered the United States from another
Case 1 :07-cr—001 16-JJF Document 22 Filed 1 1/27/2007 Page 2 of 4
country. The defendant knowingly, voluntarily and intelligently admits his guilt to those three
elements of the offense and to Count One of the Indictment in the above case and knowingly, I
I voluntarily and intelligently desires to resolve this prosecution by pleading guilty to Count One of I
the Indictment in accord with the provisions of this Memorandum of Plea Agreement.
3. 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 three offense level reduction in the Offense Level for the I
defendant’s affirmative acceptance of responsibility is appropriate.
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 35 53(a) in determining an
appropriate-sentence. At this stage (prior to the preparation of the pre—sentence report), the \
defendant should expect that the Goverrnnent 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 I
on that basis.
5. The defendant agrees to forfeit all interests in the firearm involved in the violation
alleged in Count One of the Indictment, to wit, the Taurus, Model PT—l ll 9 mm pistol, serial
number TYH265 74, and the ammunition within its loaded magazine, which were seized in
Wilmington, Delaware on or about August 14, 2007. The defendant further agrees to waive all
I 2
Case 1 :07-cr—001 16-JJF Document 22 Filed 1 1/27/2007 Page 3 of 4
interest in any such assets 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 of the
forfeiture at sentencing, and incorporation of the forfeiture in the judgment. The defendant I
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 advise him of this, pursuant to Rule
ll(b)(l)(J), at the time his guilty plea is accepted. p
6. The defendant agrees to pay the $100 special assessment on 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 defenda;nt’s prison salary and apply it on l
defendant’s behalf to the payment of the outstanding debt ordered. (
7. The defendant reserves his right to appeal based on a claim that (l) defendant’s
sentence exceeded the statutory maximum, (2) the sentencing judge erroneously departed
upwards nom the guidelines range, or (3) his counsel provided ineffective assistance. The
defendant agrees to waive all constitutional and statutory challengesin any manner (including
direct appeal, habeas corpus, or any other means) to any forfeiture carried out in accordance with
this Plea Agreement on any grounds, including that the forfeiture constitutes an excessive line or
punishment. The United States Attorney reserves the right to defend any ruling of the District
Court.
8. 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,
3 .
Case 1 :07-cr—001 16-JJF Document 22 Filed 1 1/27/2007 Page 4 of 4
and statements made prior to or after this Memorandum are null and void and have no effect
I whatsoever.
` COLM F. CONNOLLY
United States Attorney
» "‘ By: A
uis A. Ortiz, Esquir Seth Beausang
Attorney for Defendant Assistant United States Attorney
Tjeke Spencer i
Defendant
Dated:
AND NOW, this day of 2007, the foregoing Memorandum
of Plea Agreement is hereby (r ) by this Court.
~ n ._ ICLOI/·<’- /. W
Hono abl J osep J . an, Jr.
Unite ates District dge
District of Delaware
4 l
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