Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1:04-mj-00014-MPT

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Filed 03/09/2005 Page 1 of 3 U.S. Department of Justice United States Attorney's Office District of Delaware
Nemours Building 1007 Orange Street, Suite 700 P.O. Box 2046 Wilmington, Delaware 19899-2046 (302) 573-6277 FAX (302) 573-6220

March 9, 2005 Hand Delivered Honorable Mary Pat Thynge United States Magistrate Judge J. Caleb Boggs Federal Building 844 King Street Wilmington, Delaware 19801 Re: United States v. Dawn Mummert Case No. 04-14M - MPT Dear Judge Thynge: The defendant is prepared to enter a guilty plea pursuant to the terms of the enclosed Memorandum of Plea Agreement. The parties respectfully request that the matter be scheduled for a change of plea hearing.

Respectfully, COLM F. CONNOLLY United States Attorney

By:_________________________________ Edmond Falgowski Assistant United States Attorney pc: Christopher Koyste, Esquire (w/ Enc.) Clerk, U.S. District Court (w/ Enc.)

EF:slb Enclosure

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

UNITED STATES OF AMERICA, Plaintiff, v. DAWN MUMMERT, Defendant.

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Case No. 04-14M-MPT

MEMORANDUM OF PLEA AGREEMENT Pursuant to discussions between the United States of America, by and through its attorney, Edmond Falgowski, Assistant United States Attorney for the District of Delaware, and on behalf of and with the consent and knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the defendant, Dawn Mummert, by and through the defendant's attorney, Christopher Koyste, Esquire, the following agreement is hereby entered into by the respective parties: 1. The defendant shall plead guilty to a one count Information, charging theft of government

property (misdemeanor), a violation of Title 18, United States Code, Section 641, which carries a maximum penalty of one year imprisonment, a $100,000 fine, one year supervised release, restitution, or any or all of the above, and a $25 special assessment. 2. 3. The defendant agrees to pay the special assessment on the day of sentencing. The United States agrees that in consideration of the defendant's timely guilty plea, the

Government will not oppose a two point reduction in the Offense Level for the defendant's affirmative acceptance of responsibility, pursuant to Sentencing Guideline Section 3E1.1.

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4.

The defendant acknowledges that as a result of the conduct set forth in the Information,

the defendant caused the United States to suffer losses totaling $400, for which the Court may order restitution. 5. It is further agreed by the parties that this Memorandum supersedes all prior 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

By: Christopher Koyste, Esquire Attorney for Defendant Edmond Falgowski Assistant United States Attorney

Dawn Mummert Defendant Dated: AND NOW this ________ day of ______________________, 2005, the foregoing Memorandum of Plea Agreement is hereby (accepted) (rejected) by this Court. _________________________________ HONORABLE MARY PAT THYNGE United States Magistrate Judge

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