Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00112-GIVIS Document 17 Filed 11/08/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. )
) Criminal Action No. 07-1 12-GMS
THOMAS RIVERS, )
Defendant. g
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 Shawn A. Weede,
Assistant United States Attorney for the District of Delaware, and the defendant, Thomas Rivers, by
and through his attorney, Edson A. Bostic, Esquire, the following agreement is hereby entered into
by the respective parties:
1. 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 of a firearm, in violation of 18 U.S.C. § 922(g)(1). Count One carries a maximum
sentence of a term of imprisonment of ten (10) 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 with respect to Count One of the Indictment: (1) on or about August 21,
2007, he knowingly possessed a firearm, that is a Glock .40 caliber pistol, serial number BFV685US;
(2) he had previously been convicted of a crime punishable by more than one year of imprisonment;
and (3) the firearm affected interstate commerce, that is, that the firearm had previously crossed state
lines. The defendant knowingly, voluntarily and intelligently admits his guilt to each of the above
described elements of Count One of the Indictment.

4 Case 1:07-cr—00112-GIVIS Document 17 Filed 11/08/2007 Page 2 of 4
i 3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One ofthe Indictment, to wit, the Glock .40 caliber pistol, serial number
BFV685US, seized from him by police on or about August 21, 2007. The defendant 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 of the forfeiture
at sentencing, and incorporation of the 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 advise him of this, pursuant to Rule ll(b)(l)(J), at the time his
guilty plea is accepted.
5. 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 within 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 attomey or the United States,
the defendant will not be allowed to withdraw his guilty plea on that basis.
6. 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
2

4 Case 1:07-cr—00112-GIVIS Document 17 Filed 11/08/2007 Page 3 of 4
i defendant’s timely guilty plea, a two-point reduction in the Offense Level for the defendant’s
affinnative acceptance of responsibility is appropriate. Further, if it is determined that the
defendant’s Offense Level, prior to the application of the aforementioned two-level reduction, is
Level 16 or greater, the government agrees to move for the reduction of the Offense Level by one
additional level, pursuant to Sentencing Guideline Section 3El . l(b), for a total reduction of three
points.
7. 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 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.
8. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
9. 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 a • have no effect whatsoever.
COLM F. OLLY
United St 7.+ Attorney
Attorney for Defendant A nt United States Attomey
Thomas Rivers
Defendant
Dated: /oft/O'7
3

' __ . Case 1:07-cr—00112-GIVIS Document 17 Filed 11/08/2007 Page 4 of 4
AND NOW, this C{ day of Q M , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) ` y this Court.
: \ ,
Honor le Gregory M. Sleet
Chief, United States District Judge
F I L E D
NG`! D 8
us. msmrcr counr
onsmncr OF DELAWARE
4

Case 1:07-cr-00112-GMS

Document 17

Filed 11/08/2007

Page 1 of 4

Case 1:07-cr-00112-GMS

Document 17

Filed 11/08/2007

Page 2 of 4

Case 1:07-cr-00112-GMS

Document 17

Filed 11/08/2007

Page 3 of 4

Case 1:07-cr-00112-GMS

Document 17

Filed 11/08/2007

Page 4 of 4