Free Plea Agreement - District Court of Delaware - Delaware

’ Case 1 :07-cr-00093-SLR Document 34 Filed 1 1/ / OO Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, l
v. l g Criminal Action No. 07-93-SLR
JONATHAN I. McKINNEY, 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, Jonathan J. McKinney, by and
through the defendanfs attorney, Paul M. Perlstein, Esquire, the following agreement is hereby entered
into by the respective parties: l V l A l
1. The defendant shall waive indictment and enter a guilty plea to a one count Information,
charging Possession of Child Pornography, a violation of Title 18, United States Code, Section
p 2252A(a)(5)(B) and (b)(2), which carries amaximum penalty often years imprisonment, a$25 0,000.00 i I l
fine, a life term of supervised release, or any or all ofthe above, and a special asggggmgnt 0f$i()()_ At g
sentencing the United States will move to dismiss the Indictment against the defendant)r,;,` /9 f` ? »”¤’(E‘L
2. The defendant acknowledges that the elements of the offense are as follows: Z
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 .
of the genitals or pubic area; _ an _ _ · -
b. The defendant knowingly possessed the child pornography,.and;

K" Case 1:07-cr-00093-SLR Document 34 Filed 11/28/2007 Page 2 of 3
c. The child pornography had been transported in interstate commerce, or was
produced using materials which had been transported in interstate commerce.
3. The defendant agrees to pay the special assessment on the day of sentencing. Ifthe Court
orders the payment of any fine as part of the defendanfs 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 learn 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. § 3E1.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- § 3E1.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 the Delaware State Police on or about
April 18, 2007. I 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 35 53(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 Corut may impose a
sentence which exceeds, falls below, or is contained within 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
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. Case 1 :07-cr-0000-3-SLE i_>iiF0ed_1 _-ifgigzggof U
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 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 rnoditication requirements of this paragraph.
A COLM F. CONNOLLY
United . . y A ttorn 1 _.»- ‘ ·
; » i ~ ,4,, . By; {0 » ni ` l ___.- ` " i f i`ii
Paul M. Perlstein, Esquire /0 _ jg? wr 7 Ed ond Falgo i *
Attorney for Defendant Assistant United States Attorney
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Jo athan J. McKinney /· _ A 7
D fendant
Dated: n
AND NOW this 01-K"!*·~ day of N’”|`*~”¤P}“‘JU , 2007, the foregoing
Memorandum of Plea Agreement is herebi (rej eeted) by this Court.
HONORABLE L. ROBINSON
United States District Court