Free Plea Agreement - District Court of Delaware - Delaware

Case 1407»cr»00O94—SI;Fl Document 22 Filed 12/17/2007 Page 1 of 3
I @(11/ 07 ji/FN
IN THE UNITED STATES DISTRICT COURT _
FOR THE DISTRICT OF DELAWARE
1
UNITED STATES OF AMERICA, )
Plaintiff, g
v_ _ g Criminal Action No. 07-94-SLR
FRANK FORCE KESTING, g
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney, Colm
F. Connolly, United States Attorney for the District of Delaware, and Edmond Falgowski, Assistant
United States Attorney for the District of Delaware, and the defendant, Frank Force Kesting, by and l
through the defendant's attorney, Edson A. Bostic, Esquire, the following agreement is hereby entered
into by the respective parties: r _
I. The defendant shall enter a guilty plea to Count Six of the Indictment charging Possession
of Child Pornography, a violation of Title 18, United States Code, Section 2252A(a)(5)(B) and (b)(2),
which carries a maximum penalty of ten years imprisonment, a $250,000.00 line, 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 counts of the Indictment against the defendant. I
_‘ 2. The defendant acknowledges that the elements of the offense are as follows: . p
a. The defendant possessed child pornography, defined as a visual depiction of a
minor engaged in an actual or simulated sex act andfor the lascivious exhibition
ofthe genitals or pubic area;
. b. The defendant knowingly possessed the child pornography; and . I

D,- Case 1:07-cr4)0094—Sl:R ~—D0cument 22 Filed 12/17/2007 Page 2 of 3
c. The child pomography had been transported in interstate commerce, or was
produced using materials which had been transported in interstate commerce. _
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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 of the 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 p
outstanding debt ordered. E
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, h
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pursuant to U.S-S.G. § 3El.l(a) and (b). . l
5. The defendant agrees to forfeit to the United States his interest in all computer hardware, l
software, and storage media taken from the defendant’s home by the Delaware State Police on or about
V March 29, 2007. S I - _
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
n 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
T sentencing guidelines. The defendant expressly acknowledges that if the Court imposes ai sentence
if outside the range set forth in the sentencing guidelines, or otherwise different than the defendant
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Case 1 :07-cr-00094-SLR Document 22 Filed 12/17/2007 Page 3 of 3
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
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prior to or after this Memorandum are null and void and have no effect whatsoever, unless they comport
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I with the subsequent written modification requirements of this paragraph. i
COLM F. CONNOLLY l
Unite ates Attorne - :
4 _, — fi ’ // 1
. 3)-if ~
,é""Y · . » “
_ i, By. _, .» v_ I-F I
Edson A. Bostic, Esquire Edmond Faigowski - l
Attomey for Defendant Assistant United Sta ».· s Attorney
¤
%im.J Frank Force Kesting _ .
Defendant
·Dated; {7/ fl [W? rn @7
AND NOW this I 7*** day of llg , 2007, the foregoing
Memorandum of Plea Agreement is hereby (rejected) by this Court. _
HOEO%ELE L. ROBINSON
United States District Court
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