Free Plea Agreement - District Court of Delaware - Delaware

Case 1:08-cr-00027-JJF

Document 16

Filed 07/08/2008

Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
lThUTED STATES OF AMERICA Criminal Action No. 08-27-JJF Plaintiff,
v.

CHUNG HANG CHENG, a/k/a JAMES CHENG Defendant. 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 Seth M. Beausang, Assistant United States Attorney for the District of Delaware, and the defendant, Chung Hang Cheng, a/k/a James Cheng, by and through his attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered into by the respective parties: 1. The defendant, Chung Hang Cheng, a/k/a James Cheng, agrees to plead guilty to

Count One of the Indictment, which charges that the defendant did knowingly ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes, in violation of Title 18, United States Code, Sections 2341 (2) & 2342, an offense which carries a maximum penalty of imprisonment of not more than 5 years, a $250,000 fine, or both, 1 year of supervised release, and a $100.00 special assessment. 2. The defendant understands that the elements of the offense to which he is

pleading guilty are that: (l) the defendant did knowingly; (2) ship, transport, receive, possess, sell, distribute, or purchase contraband cigarettes; (3) which are defined as a quantity in excess of 10,000

Case 1:08-cr-00027-JJF

Document 16

Filed 07/08/2008

Page 2 of 3

cigarettes which bear no evidence of the payment of of the applicable State of Delaware cigarette taxes required by Title 30, Delaware Code, Section 5342. 3. 4. The defendant agrees to pay the $100 special assessment at the time of sentencing. Provided that the United States Attorney does not subsequently learn of conduct by

the defendant inconsistent with acceptance of responsibility, the United States agrees to a two-level reduction under U.S.S.G. § 3El.l(a) based on the defendant's conduct to date. 5. The United States explicitly retains the right to make whatever recommendations at

the time of sentencing that it believes are appropriate and to defend the rulings of the sentencing court upon appeal. 6. 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, the defendant should expect that the Government 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 is within, or which exceeds or falls below 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. 7.

It is further agreed by the parties that this Memorandum supersedes all prior

2

Case 1:08-cr-00027-JJF

Document 16

Filed 07/08/2008

Page 3 of 3

promises, representations, and statements ofthe 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

Chung Hang Cheng, a/k/a James Cheng Defendant Dated:

~~---"<----....:) ~~.,,-----+-//.~

~
-

BY:

Seth M. Beausang Assistant United States Attorney

g !J'~
'08'"

Dated: -:} ( If

1'; is A. Ortiz, Esquir Attorney for Defendant

Dated:

AND NOW, this

0

day of

~, 2008, the foregoing Memorandum of
this Court.

Plea Agreement is hereby

@) ~y

rt Judge

3