Memorandum Of Plea Agreement (Page 2 of 4) in pdf

Memorandum Of Plea Agreement Page 2

Case 1:05-cr-00098-GMS

Document 36-2

Filed 04/13/2006

Page 2 of 4

years of supervised release following any term of imprisonment, and a $100.00 special

assessment.

The Defendant knowingly, voluntarily, and intelligently admits that on or about

October 27, 2005, in the State and District of Delaware, he knowingly possessed a firearm, to

wit, a Taurus model PT-40 .40 caliber pistol, serial number 09833, and that he knowingly

possessed ammunition, to wit, 42 rounds of .40 caliber ammunition. The Defendant does not

contest that the firearm and ammunition were manufactured outside the State of Delaware and

traveled in interstate commerce. The Defendant further knowingly, voluntarily, and intelligently

admits that he was convicted in the United States District Court for the District of Delaware, on

or about November 12, 2002 of being a prohibited person in possession of a firearm, a crime

which is punishable by imprisonment for a term exceeding one year.

The United States will recommend a three-level reduction in the offense level for

the charge above for the Defendant’s affirmative acceptance of responsibility under Sentencing

Guideline § 3E1.1. The United States makes this recommendation because the Defendant has

timely notified authorities of his intention to enter a plea of guilty, thereby permitting the United

States to avoid preparing for trial and permitting the Court to allocate its resources efficiently.

The Defendant understands that at sentencing, the District Court must consider the

United States Sentencing Guidelines and take them into account in exercising its discretion to

determine the appropriate sentence and must also consider the other factors bearing on an

appropriate sentence pursuant to Title 18, United States Code, Section 3553(a). The Defendant

further understands that the Government will likely recommend that the Court impose a sentence

consistent with the sentencing range set forth by the sentencing guidelines. The Defendant

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Memorandum Of Plea Agreement Page 2