Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00102-GIVIS Document 11 Filed O9/07/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
)
v. ) Criminal Action No. 07-102 GMS
)
ARTHUR DAVIS )
)
‘ Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attomey for the District of Delaware, and Martin C. Meltzer,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Arthur
Davis, by and through his attomey, Edson A. Bostic, Esquire, the following agreement is hereby
entered into by the respective parties:
AD {A6 pt LIM.
1. The defendant shall plead guilty in the United States District Court
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for the District of Delaware to a one count which charges him with being a prohibited
person in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1)and 924(€l)(7-J, which carries
a maximum sentence of a term of imprisonment often 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
three elements of the offense — (1) that on or about July 5, 2007, Arthur Davis defendant did
knowingly possess a firearm, that is, a Colt .32 caliber pistol, serial number 306118, after having
been convicted on or about May 14, 2007, of a crime punishable by imprisonment for a term
exceeding one year, in the Superior Court in and for New Castle County, Delaware, and (3) the
firearm affected interstate commerce, that is, that the fireann had previously crossed state lines. The

Case 1:07-cr-00102-GIVIS Document 11 Filed O9/07/2007 Page 2 of 4
I defendant knowingly admits that he did, in fact, commit the conduct alleged in Count One of the
Information.
3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One of the Indictment, to wit, an Colt .32 caliber pistol, serial number
306118 and two rounds of ammunition seized from him by police on July 5, 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 ofthe 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
11(b)(1)(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 Govermnent 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 attomey or the United States,
the defendant will not be allowed to withdraw his guilty plea on that basis.
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Case 1:07-cr-00102-GIVIS Document 11 Filed O9/07/2007 Page 3 of 4
I 5. Provided that the United States does not subsequently leam 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 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 3E1.1.
6. The defendant agrees to pay the $100 special assessment the day of sentencing.
Should he fail to do so, the Defendant agrees to voltmtarily 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 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.
COLM F. CONNOLLY
United States Attomey
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E son A. Bostic, Esquire Martin C. Meltzer
Attomey for Defendant Special Assistant United Stat Attomey
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Arthur Davis Dated: gc P Jl; ’7 —(` Q2-,
Defendant
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· Case 1:07-cr-00102-GIVIS Document 11 Filed O9/07/2007 Page 4 of 4
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AND NOW, this 7 day of · 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted)i y this Court.
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Unite tates strict Judge
F I L E D
SEP — 7 2007
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