Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00044-JJF Document 23 Filed 08/ 2 07 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT M/;__,,i» gpo ’]
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff] g
v. ) Criminal Action No. 07-44-JJ F
DEION PRESSEY, l
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 Edmond Falgowski, Assistant
United States Attomey for the District of Delaware, and the defendant, Deion Pressey, by and through
the det`endant's attomey, Raymond M. Radulski, Esquire, the following agreement is hereby entered into
by the respective parties:
as 1. The defendant shall enter a guilty plea to Count 7 of the Indictment, charging conspiracy
to distribute and to possess with the intent to distribute heroin, in violation of Title 2l, United States
Code, Sections 84l(a)(l) and (b)(l)(C), and 846, and carrying the maximum penalty of 20 years
incarceration; $1,000,000 fine; a life term of supervised release with a mandatory three year term; and
a $100 special assessment. At sentencing the United States will move to dismiss the remaining counts
of the Indictment.
2. The elements of conspiracy to dist.ribute and to possess with intent to distribute heroin are
as follows:
a. that two or more persons reached an agreement to distribute or to possess with
intent to distribute heroin;

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b. that the defendant knew of the unlawful purpose of the agreement; and
c. that the defendant joined in the agreement willfully that is, with the intent to
further its unlawful purpose.
In this regard, the defendant admits that from on or about November 2, 2004, through on or about
December 14, 2004, he conspired with Anthony Copeland and others to distribute heroin.
3. Provided that the United States does not subsequently leam of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing a
two-level reduction for acceptance of responsibility under U.S.S.G. § 3El.1(a). If the defendant’s
offense level is 16 or greater, the United States will move for an additional one point reduction,
pursuant to U.S.S.G. § 3El.l(a) and (b).
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 of the pre-sentence report), the defendant
should expect that the Govemment 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. The defendant agrees to pay the special assessment of $100 the day of sentencing. Should
he fail to do so and the Court orders a prison sentence, the defendant agrees to voluntarily enter the
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United States Bureau of Prisons’ administered Financial Responsibility Program through which the
Bureau of Prisons will collect a portion ofthe defendant’s prison salary and apply it on the defendant’s
behalf to the payment of any outstanding debt ordered.
6. 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 modiiication requirements of this paragraph.
COLM F. CONNOLLY
United States Atto _;, /
QN/\ , _ A . ... i ‘i S 0
Raymond M. Radulski, Esquire F ond Fal o s 7
Attomey for Defendant Assistant Um ed S ates Attorney
Deion Pressey 2
Defendant
Dated: Q .. 2} " G7
AND NOW this day of Q n , 2007, the foregoing
Memorandum of Plea Agreement is hereby néj§¢_ted·)’ by this Court.
- ` I ig `·» ii
Honora, le oseph . Fi an, Jr. (
United Stmes District Judge
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