Free Plea Agreement - District Court of Delaware - Delaware

Case 1gQX-cr;00»0_6,2eJJ__F,_,__Document 18 Filed 10/31/2007 Page 1 of 4 _ _
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IN THE UNITED STATES DISTRICT COURT CMM
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
N Plaintiff, 3
·‘· I [ g Criminal Action No. 07-62-.UF
DONALD T. PRITCHETT i
I Defendant. i b
p 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 Robert F. Kravetz, Assistant
United States Attorney, and the defendant, Donald T. Pritchett, by and through his attorney, Edson A.
Bostic, 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 I of the Indictment. Count I charges the defendant with being a felon in
possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2).
Count I carries a maximum sentence of a term of imprisonment of ten years; a $25 0,000 fine, or both;
three years supervised release; and a $100 special assessment.
2. At or about the time of sentencing, the Government will move to dismiss Counts II, IH, IV,
V, and VI of the Indictment.
3. The defendant understands that if there were a trial, the Government would have to
prove the following elements with respect to Count I of the Indictment: (1) that the defendant
knowingly possessed a firearm; (2) that at the time the defendant possessed tlie¤f`i“rear1n—, he had been
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convicted previously of a crime punishable by a tenn of imprisonment exceeding one year; and (3)
that the firearm affected interstate commerce, that is, that it had previously crossed state lines.
4. With respect to Count l, the defendant acknowledges that on or about April 2, 2007, he
knowingly possessed in and affecting interstate commerce, a firearm, that is a Smith and Wesson
Brand, model SWQF, 9mm parabellum caliber, semi-automatic pistol, Serial No. PAF 2580; that he
had been convicted previously on or about July 2, 2002, of a crime punishable by imprisonment for
a term exceeding one year, in the Superior Court of the State of Delaware, in and for New Castle
County; and that the firearm at issue affected interstate commerce.
5. Provided that the United States does not learn after the entry ofthe defendant’s guilty plea ’
of conduct by the defendant that is inconsistent with acceptance of responsibility, the United States
agrees to recommend a two-level reduction in the defendant’s sentencing guideline range pursuant
to U.S.S.G. § 3El.l(a). if the defendant’s adjusted guideline offense level is greater than level 16,
the Government will recommend an additional one-level reduction in the defendant’s guideline range
pursuant to U.S.S.G. § 3El.1(b).
6. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, Section 3553(za.) in
determining an appropriate sentence. At this stage (prior to the preparation of the 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
tmderstands, 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

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his attorney or the United States, the defendant will not be allowed to withdraw his guilty plea on that
basis.
7. The defendant agrees to abandon any right, title and interest that he may have in the
following items seized from him by the Wilmington Police Department on or about April 2, 2007:
(l) a Smith and Wesson Brand, model SWQF, 9mm parabellum caliber, semi-automatic pistol,
Serial No. PAF 25 80; (2) Three rounds of .380 caliber center fire cartridges head-stamp marked
"RP 380 Auto"; and (3) One round of a 9mm Luger caliber center fire cartridge head stamp
marked "R-P 9mm LUGER." The defendant agrees to execute all documents requested by the
A Government to effect his abandonment, and further agrees that the Bureau of Alcohol, Tobacco &
Firearms and/or Wilmington Police Department may dispose of the firearm and ammunition in
whatever manner they deem appropriate.
S. The defendant agrees to pay the $100 special assessment the day of sentencing. Should E
he fail to do so, the Defendant agrees to enter voluntarily into 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.
9. The United States Attorney reserves the right to defend any ruling of the District Court I
should there be an appeal from this case.
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10. 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 modined only
in a written document signed by all the parties; and, that any and all promises, representations, and
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statements made prior to or after this Memorandum are null and void and have no effect whatsoever. _
COLM F. CONNOLLY
United States Attorney {
I
· l
at % A By: Me%}7 J
Edson A. Bostic, Esquire Robert F. Kravetz I
Federal Public Defender Assistant United States A mey
Attorney for the Defendant Attomey for the Government
Donald T. Pritchett Q
Dated: October 31, 2007 A
AND NOW, this *3 l day of O C' O (bg \ , 2007, the foregoing
Memorandum of Plea Agreement is hereby acce t _· by this Court.
Ho . Zgseph Jl , Jr. W
Unite States District Judge
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