Free Plea Agreement - District Court of Delaware - Delaware

r _ Case 1:07-cr-00072-GIVIS Document 15 Filed O9/14/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. g Criminal Action N0. 07-72-GMS
LAZARUS MARKUS WILLIAMS a/k/a, g
LAZARUS M. WILLIAM )
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorneys, Shannon T. Hanson, Assistant United States Attorney, and Colm F. Connolly,
United States Attomey for the District of Delaware, and the defendant, Lazarus Markus
Williams, by and through his attorney, Luis A. Ortiz, Esquire, the following agreement is
hereby entered into by the respective parties:
l. The defendant shall plead guilty in the United States District Court for the District
of Delaware to Count One of the Indictment, which charges him with knowingly making a
false statement intended and likely to deceive a federally-licensed firearms dealer, in
violation of Section 922(a)(6) of Title 18 of the United States Code.
2. The maximum sentence for this offense is a temi of imprisonment of ten (10)
years, a fine of $250,000, or both, three years of supervised release, and a $100 special
assessment.

. E Case 1:07-cr-00072-GIVIS Document 15 Filed O9/14/2007 Page 2 of 4
3. The defendant understands that if there were a trial, the Govemment would have to
prove, with respect to the charge in the Indictment, Knowingly Making a False Statement to
a Federally-Licensed Firearms Dealer, that:
(1) the defendant knowingly made a false statement to a federally-licensed firearms
dealer;
(2) the false statement was made in connection with attempted acquisition of a firearm;
and
(3) the statement was intended or likely to deceive such firearms dealer with respect to
a fact material to the lawfulness of the sale of the firearm to the defendant.
4. The defendant admits that, on or about October 9, 2006, in the District of Delaware,
in connection with attempted acquisition of a firearm, to wit a 9 mm Lorcin semiautomatic
pistol, serial number L057973, at Miller Gun Center, Inc. in New Castle, Delaware, he
answered "no" to question llC on ATF Form 4473, "Have you ever been convicted of a
felony, or any other crime, for which the judge could have imprisoned you for more than one
year, even if you received a shorter sentence including probation?" when the defendant then
and there well knew that, on or about June 20, 2005, he was convicted of carrying a concealed
deadly weapon, a crime punishable by a term of imprisonment exceeding one year, in the
Superior Court of Delaware in and for New Castle County Delaware.
5. 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 Government will not oppose a two-
2

. I Case 1:07-cr-00072-GIVIS Document 15 Filed O9/14/2007 Page 3 of 4
point reduction in the Offense Level for the defendant’s affirmative acceptance of
responsibility.
6. The defendant understands that the 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. The defendant further understands that at this time (i. e. , prior to the
preparation of the Pre-Sentence Report) the government will recommend that the Court
impose a sentence consistent with the applicable 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 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. The defendant agrees to pay the $100 special assessment on the day of
sentencing. Should he fail to do so, the defendant agrees voluntarily to enter the United
States Bureau of Prisons’ administered program known as the Inmate Financial
Responsibility Program through which the Bureau of Prisons will collect a portion of
defendant’s prison salary and apply it on defendant’s behalf to the payment of the
outstanding debt ordered.
3

E _ Case 1:07-cr-00072-GIVIS Document 15 Filed O9/14/2007 Page 4 of 4
8. The United States Attorney reserves the right to defend any ruling ofthe District
Court should there be an appeal from this case.
9. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements ofthe 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.
COLM F. CONNOLLY
United States Attorney
M '`ll if , _A.
fi ·‘-V l L ` A. x, M-·""—·
uiz A. Ortiz, sq. Sha non . anson
Attorney for Defendant I ssistant United States Attomey
M0
Lazarus Markus Williams
Defendant
Dated: September /7 , 2007
. rh
AND NOW, this l L] day of September, 2007, the foregoing Memorandum of Plea
Agreement is hereby (accepted) (·r=ej-eeted-) by th` Court.
éonoéable fgegory M. Sleet 3
Chief Judge
United States District Court
F I L E D
SEP l 4 2007
4
u.s. msmicr coum
msrmcr OF DELAWARE