Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr—00095-SLR Document 18 Filed 11/07/2007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. ) Criminal Action No. 07-95-SLR
ERIC ROSS TYRE, i
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Edmond Falgowski, Assistant United States Attorney for the District of Delaware, and Colm F.
Connolly, United States Attomey for the District of Delaware, and the defendant, Eric Ross Tyre, by
and through the defendant's attorney, Thomas A. Dreyer, Esquire, the following agreement is hereby
entered into by the respective parties:
l. The defendant shall enter a guilty plea to Count I of the Indictment, charging Receipt of
Child Pornography, aviolation of Title l 8, United States Code, Section 2252A(a)(2) and (b)(l), which
carries a maximum penalty of not less than 5 years imprisonment and not more than 20 years
imprisonment, a $250,000.00 fine, a life term of supervised release, or any or all of the above, and a
special assessment of $100. At sentencing the United States will move to dismiss the remaining count
of the Indictment.
2. The defendant acknowledges that the elements of the offense are as follows:
a. Acting knowingly
b. the defendant received or attempted to receive child pomography, defined as a
visual depiction of a minor engaged in an actual or simulated sex act and/or the
lascivious exhibition of the genitals or pubic area,

I Case 1:07-cr—00095-SLR Document 18 Filed 11/07/2007 Page 2 of 3
c. which child pornography had moved in interstate and/or foreign commerce by
computer.
The defendant admits that on or about June 10, 2006, with an Internet cormected computer, he
attempted to receive an image of child pornography during an online chat.
3. The defendant agrees to pay the special assessment on the day of sentencing. If the Court
orders the payment of any fine as part ofthe defendant’s sentence, the defendant agrees voluntarily to
enter the Inmate Financial Responsibility Program through which the Bureau of Prisons will collect a
portion of the defendant’s prison salary and apply it on the defendant’s behalf to the payment of the
outstanding debt ordered.
4. Provided that the United States does not subsequently leam of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing a
two·level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(a). If the defendant’s
offense level is 16 or greater, the United States will move for an additional one point reduction,
pursuant to U.S.S.G. § 3El.l(a) and (b).
5. The defendant agrees to forfeit to the United States his interest in all computer hardware,
software, and storage media taken from the defendant’s home by DSP officers on or about March 5,
2007.
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 (prior to the preparation ofthe pre-sentence report), 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 exceeds, falls below, or is contained within the sentencing range prescribed by the
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_ Case 1:07-cr—00095-SLR Document 18 Filed 11/07/2007 Page 3 of 3
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 on that basis.
7. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe 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.
cot. .coNNoL
U ` States Attq
hda? L N / B , ‘ I l [
Thomas A. Dreyer, Esquire mond Falgo i
Attorney for Defendant Assistant United Stat s Attorney
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Eric Ross Tyre
Defendant
Dated: lf - 7 #07
AND NOW this ’i`”’* day 0f MJ—1* Memorandum of Plea Agreement is hereby (rejected) by this Court.
I-IONORABLE SQE L. ROBINSON
United States District Court
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