Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
. FOR THE DISTRICT OF DELAWARE
UNITED STATESAOF AMERICA, :
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v. Criminal Action No. 07-70 JIF
DANIEL Jonnson,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and Douglas C
E. McCann, Assistant United States Attorney for the District of Delaware, and the defendant,
Daniel Johnson, by and through his attorney, Charles M. Oberly III, Esquire, the following
agreement is hereby entered into by the respective parties:
1. The defendant shall plead guilty in the United States District Court for the District
of Delaware to Count I of the Indictment. Count I of the Indictment charges the defendant with
possession with intent to distribute a controlled substance, in violation of Title 2 l, United States
Code, Sections 84l(a)(l) and (b)(l)(C). The maximum penalties for Count I of the Indictment
are twenty years imprisomnent, a fine of $1,000,000, lifetime supervised release with a minimum
of three years of supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the United States would have
to prove beyond a reasonable doubt the elements of the offense to which he is pleading guilty,
that is: for Count I of the Indictment: (1) that on or about April 18, 2007, the defendant
knowingly possessed (2) with intent to distribute (3) a mixture and substance containing a
detectable amount of cocaine. n t
3. The defendant understands that the District Court must con d*§ta D
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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 Q
contained within the sentencing range prescribed by the sentencing guidelines. The defendant
expressly acknowledges that ifthe Court imposes a sentence outside the range set forth in the an
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.
4. The defendant agrees to pay the $100 special assessments the day of sentencing.
Should he fail to do so, the defendant agrees to voluntarily enter the United States Bureau of
Prisons’ administered program known as the Imnate Financial Responsibility Program through
which the Bureau of Prisons will collect a portion of defendanfs prison salary and apply it on
defendant’s behalf to the payment of the outstanding debt ordered.
5. The defendant agrees to forfeit all interests in any drug-related and money
laundering-related asset that the defendant currently owns, has previously owned or over which
the defendant currently, or has in the past, exercised control, directly or indirectly, and any
property the defendant has transferred, as well as any property that is traceable to, derived from, .
fungible with, or a substitute for property that constitutes the proceeds of his offense.
6. The defendant further agrees to waive all interest in any such asset in any
administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal. The
defendant agrees to consent to the entry of orders of forfeiture for such property and waives the
requirements of Federal Rules of Criminal Procedure 32.2 and 43 (a) regarding notice of the
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. Case 1 :07-cr-00070-JJF Document 16 Filed 1 1/27/2007 Page 3 of 4
forfeiture in the charging instrument, announcement ofthe forfeiture at sentencing, and l
incorporation of the forfeiture in the judgment. Defendant acknowledges that he understands that
the forfeiture of assets ispart of the sentence that may be imposed in this case and waives any 1
failure by the court to advise him of this, pursuant to Rule l l(b)(l)(J), at the time his guilty plea l
is accepted.
7. The defendant further agrees to waive all constitutional and statutory challenges
in any manner (including direct appeal, habeas corpus, or any other means) to any forfeiture
carried out in accordance with this Plea Agreement on any grounds, including that the forfeiture
constitutes an excessive fine or punishment. The defendant agrees to take all steps as requested [
by the United States to pass clear title to forfeitable assets to the United States, and to testify
truthfully in any judicial forfeiture proceeding. Defendant acknowledges that all property I
covered by this agreement is subject to forfeiture as proceeds of illegal conduct andfor property
facilitating illegal conduct and/or property involved in illegal conduct giving rise to forfeiture. l
8. Provided that the United States Attorney does not learn of conduct inconsistent E
with acceptance of responsibility, the United States will recommend a three-level reduction in r
the offense level for the charge above for the defendants affirmative acceptance of responsibility
under Sentencing Guideline § 3El . 1. The United States makes this recommendation because the
defendant has tnnely notified authorities of his intention to enter a plea of guilty, thereby
permitting the United States to avoid preparing for trial and permitting the Court to allocate its
resources efficiently.
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9. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the 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
Charles M. Oberly HI, Es re Dougl E. McCann
Attorney for Defendant Assistant U.S. Attorney
Daniegohnson
Defendant
Dated: rr/r/0 7
AND NOW, this day of 2007, the foregoing Memorandum
of Plea Agreement is hereb (aecepte ( by this Court.
A- R
HONG LE JO EP . ARNAN, IR.
UNITE ATES DISTRICT JUDGE
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