Free Plea Agreement - District Court of Delaware - Delaware

- Case 1:07-cr-00041-GIVIS Document 18 Filed O9/07/2007 Page 1 of 4
i IN THE UNITED STATES DISTRICT COURT
A FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
)
v. ) Criminal Action No. CR—07—4I-GMS
TIMOTHY J. WATSON g
Defendant. g _
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 Martin C. Meltzer,
Special Assistant United States Attorney for the District of Delaware, and the defendant, Timothy
J. Watson, by and through his attorney, Edson A. Bostic, Esquire, the following agreement is hereby
entered into by the respective parties:
I. 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 with being a Jarohibited person in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(I) and 92;a)(2:i‘\ivhich carries a
maximum sentence of a term of imprisomnent often years, a fine of $250,000, or both, three years
supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the Government would have to prove
three elements of the offense — (l) that on or about March 25, 2007, he knowingly possessed a
firearm, that is, a H & R brand, model 929, .22 long caliber revolvé; 3I'§l¥'(g·?1C had previously been
- convicted of a crime punishable by more than one year’s imprisonment on or about Febmary 9,
2005; and (3) the fireann affected interstate commerce, that is, that the firearm had previously
crossed state lines. The defendant knowingly admits that he did, in fact, commit the conduct alleged
in Count I ofthe Indictment. `

- Case 1:07-cr-00041-GIVIS Document 18 Filed O9/07/2007 Page 2 of 4
j 3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One ofthe Indictment, to wit, a H & R brand, model 929, .22 long caliber,
revolver and eight rounds of ammunition seized fiom him by police on March 25, 2007. 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 forfeiture in the charging instrument,
announcement of the forfeiture atsentencing, and incorporation of the forfeiture in the judgment.
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 of this, pursuant to
U Rule ll (b)(l)(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. 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 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 attomey 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
defendant inconsistent with acceptance of responsibility, the United States agrees that in
2

· Case 1:07-cr-00041-GIVIS Document 18 Filed O9/07/2007 Page 3 of 4
i consideration of the defendant’s tiniely guilty plea, a two-point reduction in the Offense Level for
the defendant’s affirmative acceptance of responsibility is appropriate, and the Government will
move for an additional one-point reduction, pursuant to Sentencing Guideline Section 3El.1.
6. 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’ 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.
7. The United States Attomey reserves the right to defend any ruling of the 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 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
{ gi { Q / By; i/,/ffl; Z/I I . Q
son A. Bosti ' _ Martin C. Meltzer _ [
Attorney for De nt Special Ass1stantUn1ted States Attomey _
Defendant
Dated:
3

Case 1:07-cr-00041-GIVIS Document 18 Filed O9/07/2007 Page 4 of 4
rh
AND NOW, this 1 day of ‘ , 2007, the foregoing Memorandum
of Plea Agreement is hereby (accepted) ( this Court.
Honorab e Gregory M. Sleet
United States District Judge
F I L E D
SEP — 7 2007
us. msmicr count
msmicr OF DELAWARE
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