Free Plea Agreement - District Court of Delaware - Delaware

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(F/6)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
INITED STATES OF AMERICA, )
Plaintiff, l
v. g Criminal Action No. 07-63M-MPT
PASAHA SHANDS, ) F I L E D
Defendant. g N
NOV l 4 2007
MEMORANDUM OF PLEA AGREEMENT US. msmm COURT
Pursuant to discussions between the United States of America, by an ‘ U; mm UF DELPMCAHE
Christopher J. Burke, Assistant United States Attorney for the District of Delaware, with the consent
and knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the
defendant, Pasaha Shands, 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 Three of the Misdemeanor Information, which charges him with knowingly
possessing and causing to be present a dangerous weapon in a Federal facility, in violation of
Title 18, United States Code, Section 930(a). That Count carries a maximum sentence of a term of
imprisomnent of one year, a $100,000 fine, or both, one year supervised release, and a $25 special
assessment.
2. The defendant understands that if there were a trial, the Government would have to
prove beyond a reasonable doubt the following elements with respect to Count Three of the
Misdemeanor Information: that on or about April 3, 2007, the defendant (l) knowingly; (2)
possessed or caused to be present; (3) a dangerous weapon; (4) in a Federal facility.

Case 1:07-mj-00063—lV|PT Document 21 Filed 11/14/2007 Page 2 of 3
3. The defendant admits that on April 3, 2007, he knowingly possessed and caused to be
present a dangerous weapon, to wit, a black Firefly brand stun gun, in a Federal facility, to wit, the
J. Caleb Boggs Federal Building, located at 844 N. King Street, Wilmington, Delaware. The
defendant also admits that on that date, he brought the following additional items into the Federal
Building: (1) a Desert Eagle CO2 .177 cal. Air Pellet Pistol (Serial Number U635963 60); (2) a silver
and brown Ozark Trail lock-back knife with a 3 % inch blade; (3) two 1 % inch silver metal razors
and (4) a black canister containing a personal safety chemical agent.
4. The defendant agrees to abandon any right, title and interest that he may have in the
following items seized from him on April 3, 2007, by members ofthe United States Department of
Homeland Security’s Federal Protective Service ("FPS"): (1) the Desert Eagle CO2 .177 cal. Air
Pellet Pistol (Serial Number U63 5 96360); (2) the silver and brown Ozark Trail lock-back knife with
a 3 % inch blade; (3) the black Firefly brand stun gun; (4) the two l % inch silver metal razors and
(5) the black canister containing a personal safety chemical agent. The defendant agrees to execute
all documents requested by the Government to effect his abandonment and further agrees that the
FPS or other law enforcement agency may dispose of these items in whatever manner it deems
appropriate.
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-point reduction in the Offense
Level for the defendant’s affirmative acceptance of responsibility, pursuant to United States
Sentencing Guideline Section 3E1.l.
6. The defendant understands that the Court must consider the United States Sentencing
Guidelines and the factors set forth in Title 18, United States Code, Section 3553(a) 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
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Case 1:07-mj-00063—IV|PT Document 21 Filed 11/14/2007 Page 3 of 3
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.
7. The defendant agrees to pay the $25 special assessment at the time of sentencing.
8. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe 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
j United States Attorney
@.7r,r l ata
Edson A. Bostic, Esquire Christopher J. Burke
Attorney for Defendant Assistant United States Attorney
M 7
Defendant __ —
Dated: 2007
AND NOW, this L day of 4j0;g._g•;Q; , 2007, the foregoing Memorandum
of Plea Agreement is hereb (accepted) (rejected) by t ` Cou
J- L .__ ·•-· v ‘‘t‘- v .
onora ary Pat Thyng [
United ates Magistrate Ju gc
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