Free Plea Agreement - District Court of Delaware - Delaware

“ _ _ Case 1 :07-cr—OOO63-JJF Document 28 Filed 1 1/O9/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT l
FOR THE DISTRICT or DELAWARE _
UNITED STATES OF AMERICA, ; -
U stewart; Q
A v. Criminal Action N0. 07-063-UF
AARoN L. atnrrr, p Q
. Defendant.
l MEMORANDUM OF PLEA AGREEMENT _
O `Pursuant to discussions between-the United States of America, by and through its attorneys, U i
Colm F. Connolly, United States Attorney for the District of Delaware and Shawn A. Weede,
. I Assistant United States Attorney for the District of Delaware, and the defendant, Aaron L. Hurtt, by
I I and through his attorney, Edson A. Bostic, Esquire, the following agreement is hereby entered into
by the respective parties: l
1. 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 withbeing a prohibited person in
possession of a firearm, in violation of 18 U.S.C. § 922(g)( 1). Count One carries a maximum
n . sentence of a termrof imprisonment of ten years, a tine of $25 0,000, or both, three years supervised ..
release, and a $100 special assessment. ‘
O — » 2. The defendant understands that if there were a trial, the Govermnent would have to prove A
" the following elements with respect to Count One ofthe Indictment: (1) on or about April 22, 2007, U ·
he knowingly possesseda firearm, that is a .22 caliber Winchester rifle, Model number 1906, with O an `
the serial number 561985, (2) he had been convicted on or about September 7, 2004, of a felony
crime punishable by imprisonment for a term exceeding one year; and (3) the firearm affected p I I
interstate commerce, that is, that the firearm had previously crossed s ` est--—-·»-<—.»~»i---~.·-...-lss.
, . E . iitii” ts|.t tu,
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l I Case 1:07-cr—OOO63-JJF Document 28 Filed 11/O9/2007 Page 2 of 4 ·
.. 3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One of the Indictment, to wit, a .22 caliber Winchester ritle, Model
. S number 1906, with the serial number 561985, and ammunition seized from him by police on or about
April 22, 2007. The defendant further agrees to waive all interest in any such asset(s) 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 l
forfeiture in the charging instrument, announcement ofthe forfeiture at sentencing, and incorporation
i of theforfeiture in the judgment. Defendant acknowledges that he understands that the forfeiture
of assets is pan: ofthe sentence that may be imposed in this case and waives any failure by the court
to advise him of this, pursuant to Rule l1(b)(1)(J), at the time his guilty plea is accepted.
4. 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. The defendant understands, however, that the ultimate determination of an
appropriate sentence will be up to the sentencing judge. 'Ihe 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 ir the Court imposes a sentence outside the · -
range set forth in the sentencing guidelines, or otherwise different than the defendant expected, or S
contrary to the recommendation of his attorney or the United States, the defendant will not be A
‘ S allowed to withdraw his guilty plea on that basis.- ·
. 5. Provided that the United States does not subsequently learn of conduct by the defendant E
· inconsistent with acceptance of responsibility, the United States agrees that in consideration ofthe
defendants timely guilty plea, a two—point reduction in the.Oft`ensc Level for the defendanfs S

- · · @356 l ¤°7·°'·9°O63·JJF . D¤¤¤,m¢¤* 28 Filed. 1 1 /09/2007 .. Page 3..Qf 4 . - . .. .
affmnative acceptance of responsibility is appropriate. U _
6. The defendant agrees to cooperate with the United States as follows: `
A a. Defendant agrees to provide a videotaped statement/interview concerning, among
other things, thefacts ofthe instant offense, his guilty plea, as well as his sentencing
and the consequences of his arrest and prosecution, which will be used by the United
. States to heighten community awareness to the dangers of possessing Ereanns.
r » _ Defendant agrees to participate in the filming of this statement as directed by the
S S S r United States.
S S b. Defendant agrees that this statement maybe used by the United States, its agents and
g S assigns in perpetuity for any and all purposes, including but not limited to S
‘ educational, promotional and deterrent purposes and in support of various law
~ enforcement outreach initiatives including Operation FED UP, Proj ect Safe
Neighborhoods, and Operation Disarm programs.
c. Defendant hereby knowingly, voltuitaiily and intelligently releases and waives any I
and all rights he has or may have in the videotaped statement/interview and/or its
U further use/exhibition by the United States and/or its agents and assigns. _ ,
y 7. If the United States,_in its sole discretion, determines that the defendant has fulfilled his
obligations of cooperation as set forth above, at the time of sentencing, the United States agrees to U
describe fully Defendants assistance under paragraph six (6) of this Agreement to the Court, and _
to recommend that Defendant receive a sentence below the guidelines range. The United States S
retains discretion to make whatever specific sentence recommendation it deems appropriate.
8. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the Defendant agrees to voluntarily enter the United States Bureau of Prisons’
. “ » 3 S g g " l l

Case 1 :07-cr—OOO63-JJF Document 28 Filed 1 1/O9/2007 Page 4 of 4
administered program known as the Inmate Financial Responsibility Program through which the
I Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on defendanfs
A behalf to the payment of the outstanding debt ordered; A
_ , 9. The United States Attorney reserves the right to defend any ruling ofthe District Coun:
l should there be an appeal from this case. n
_ 10. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
A 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 n
statements made prior to or after this Memorandum are null and void and have no effect whatsoever.
I COLM F CONNOLLY
United f tes Attorney
By: Fx ·
Edson A. Bostic, squire A. Weede
Attorney for Defendant A t J ant United States Attorney g
Aaron L. Hui?
Defendant .
Datedzp fg/{ ,( { Qs-] ‘ .
. AND NOW, this day of l , 2007, the foregoing Memorandum i
__of Plea Agreement is hereby (`i~dieg@) by this Cotut. _ . r
l n p Honorabl Jos ` §fr.F»arnan, Jr. n ‘ A ·
United- t tes District Judge
i 4 U A i