Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr—OOO80-SLR Document 14 Filed O9/07/2OO7%Z2%g(éj /7
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. )
)
WILLIAM HACKETT, ) Criminal Action No. 07-80-SLR
)
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomeys,
Colm F. Connolly, United States Attomey for the District of Delaware, and llana H. Eisenstein,
Assistant United States Attorney for the District of Delaware, and the defendant, William Hackeet,
by and through his attorney, Edson A. Bostic, Esquire, the following agreement is hereby entered
into by the respective parties:
1. The defendant agrees to plead guilty to Count One of the Indictment charging him
with failure to register as a sex offender, in violation of Title 18, United States Code, Section
2250(a), which carries a maximum sentence of a term of imprisonment of ten years, a fine of
$250,000, or both, three years supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the Govemment would have to
prove three elements of the offense: (1) the defendant is a person required to register under the Sex
Offender Registration and Notification Act, Title 42, United States Code, Section 16901 et seg.
(“SORNA"); (2) who traveled in interstate commerce subsequent to his conviction for a sex offense,
to wit, a conviction on May 4, 2007, in the state of Maryland for Attempted Sexual Offense in the
Third Degree; and (3) knowingly failed to register and update a registration as required by SORNA.
The defendants admits that: (1) he was convicted on or about May 4, 2007, in the state of Maryland,
of Attempted Sexual Offense in the Third Degree, and was therefore required to register under

Case 1:07-cr—OOO80-SLR Document 14 Filed O9/07/2007 Page 2 of 3
SORNA; (2) on or about May 10, 2007, he traveled from the state of Maryland to the District of
Delaware; and (3) knowing that he was required to register, failed to do so.
3. The defendant agrees to pay the S 100 special assessment at the time of sentencing.
4. Provided that the United States does not subsequently learn of conduct by the
defendant inconsistent with acceptance of responsibility, the United States agrees that in
consideration of the defendant’s timely guilty plea, the Govemment will not oppose a two-point
reduction in the Offense Level for the defendant’s affirmative acceptance of responsibility. The
Govemment will move for an additional one—point reduction, if the defendant qualities for such a
decrease under United States Sentencing Guideline Section 3El . l(b).
5. 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 defend ant
should expect that the Govemment 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 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.
6. The United States Attomey reserves the right to defend any niling ofthe District
Court should there be an appeal from this case.
7. lt is further agreed by the parties that this Memorandum supersedes all prior
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Case 1:07-cr—OOO80-SLR Document 14 Filed O9/07/2007 Page 3 of 3
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
[’ »
William Hackett ll." 2 is nste
Defendant As tUnited . es Attorney
’ éson A. Bostic, Esquire
Attorney for Defendant
Dated:
AND NOW, this L day of 2007, the foregoing Memorandum of
Plea Agreement is hereby (accepted) ejected) by this Court.
Honoible Sue L gobinson
United States District Court Judge
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