Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00050-JJF Document 17 Filed 08/22/2 Z Page 1 of 4
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FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
1 Criminal Action N0. 07-50-JJF
Plaintiff, :
v. :
JOHN GKANT, lll,
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 ofDelaware, and Douglas E. McCann and
Seth M. Beausang, Assistant United States Attorneys for the District ofDelaware, and the defendant,
John Grant, Ill, by and through his attorney, Eleni Kousoulis, 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 Two of the Indictment. Count Two charges the defendant with knowingly
possessing a firearm, that is a Taurus PT9l 1 l 9 mm pistol, from which the manufacturer’s serial
number had been altered and obliterated, which firearm had previously been shipped and transported
in interstate commerce, in violation of 'l`itle 18, United States Code, Sections 922(l<) and
924(a)(i )(B). Count Two ofthe Indictment carries a maximum sentence ofa term ofimprisonment
of five (5) years, a fine of $250,000, three years supervised rciease, and a $100 special assessment.
2. The defendant understands that if there were a trial, the Govermnent would have to prove
the three elements ofthe offense charged in Count Two, namely, that on or about March 15, 2007,
in the State and District of Delaware, the defendant John Grant, lll, (1) knowingly possessed a
firearm, that is a Taurus PT9l l l 9 mm pistol, (2) from which the manutircturefs serial number had

Case 1:07-cr-00050-JJF Document 17 Filed 08/22/2007 Page 2 of 4
been altered and obliterated, and (3) which firearm had previously been shipped and transported in l
interstate commerce interstate or foreign commerce, that is, that the firearm had previously crossed
state lines or entered the United States from another country. The defendant knowingly, voluntarily
and intelligently admits his guilt to those three elements ofthe offense charged in Count Two ofthe
Indictment in the above ease.
3. The defendant agrees to forfeit all interests in the firearm involved in the violations alleged
in Count Two of the Indictment, to wit, a Taurus P'1`9l lf 9 mm pistol, which was seized in
Wilmington, Delaware on or about March 15, 2007. The defendant further agrees to forfeit all
interests in any and all property that was seized from the defendant by any federal, state or local
government officials on or about March 15,2007. The defendant further agrees to waive all interest
in any such assets described in the preceding two sentences 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 ofthe forfeiture in the charging instrument,
announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the judgment.
The defendant acknowledges that he understands that the forfeiture of assets is part ofthe sentence
that may be imposed in this case and waives any failure by the court to advise him ofthis, pursuant
to Rule 1l(b)(l)(.l), 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(zn) 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 and at the low end ofthe sentencing range set forth by the sentencing guidelines.
The defendant understands, however, that the ultimate determination of an appropriate sentence
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Case 1:07-cr-00050-JJF Document 17 Filed 08/22/2007 Page 3 of 4
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 ofhis attorney or the United States, the defendant will not be allowed to
withdraw his guilty plea on that basis.
5. Provided that the United States does not subsequently learn of conduct by the l
defendant inconsistent with acceptance of responsibility, the United States agrees that in I
consideration ofthe defendant’s timely guilty plea, a two-point reduction in the Offense Level for
the def`endant’s affirmative acceptance of responsibility is appropriate, and the Government will
move for an additional one-point reduction, pursuant to Sentencing Guideline Section 3E1.l.
6. The defendant agrees to pay the $100 special assessment on the day of sentencing. T
Should he f`ail to do so. the Defendant agrees to voluntarily 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 ofthe outstanding debt ordered.
7. The United States Attorney reserves the right to defend any ruling ofthe District Court
should there be an appeal from this case.
8. 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,
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Case 1:07-cr-00050-JJF Document 17 Filed 08/22/2007 Page 4 of 4
and statements made prior to or after this Memorandum are null and void and have no effect
whatsoever. ·
COLM F. CONNOLLY
United States Attorney
ELM; @@2 QQ} i C
By: r
Eleni Kousoulis, Esquire Seth M. Beausang
Attorney for Detendant Assistant United States Attorney
Dated: Aktgwt , ll , 2007. Dated: Q; U-5·’r , 22 , 2007.
[Z __ lll I
J im omni, 1 V
Defendant
Dated: &\·l9\45"' , Jl , 2007.
AND NOW, this _ / , 2007, the foregoing Memorandum
ofPlea Agreement is hereby ' pt I (rejected) by this Court.
The Hon rable ose - J. Farnan, Jr. "·
United ates District Court
District of Delaware
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