Free Plea Agreement - District Court of Delaware - Delaware

f Case 1 :07-cr-00026-SLR Document 40 Filed 03/05/2008 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT Q O8/l/fA/l/
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. )
) Criminal Action No. 07-026-SLR
EARL N. WALLACE, )
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 tl1e District of Delaware and Shawn A. Weede,
Assistant United States Attomey for tl1e District of Delaware, and the defendant, Earl N. Wallace,
by and through his attorney, Eleni Kousoulis, 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 Three ofthe Superseding Indictment, which charges him with being a prohibited
person in possession of a firearm, in violation of 18 U.S.C. § 922(g)(l). Count Three carries a
maximum sentence of a term of imprisonment of ten (10) 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
the following elements with respect to Count Three of the Superseding Indictment: (1) on or about
February l2, 2007, he knowingly possessed a firearm, that is a silencer; (2) he had previously been
convicted of a crime punishable by more than one year of imprisonment; and (3) the firearm had
been shipped or transported in interstate or foreign commerce. The defendant knowingly, voluntarily
and intelligently admits his guilt to each of the above described elements of Count Three of the
Superseding Indictment.

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3. At or about the time of sentencing, the Govermnent agrees to move to dismiss Counts
One, Two, and Four as set forth in the Superseding Indictment.
4. The defendant agrees to forfeit all interests in the following property involved in the
violation alleged in Count Three of the Indictment, to wit, a Colt Model 1991 Al , Series 80, .45
caliber pistol, Serial Number 2776420 and $1,500 in United States currency seized from him by
police on or about February 12, 2007. The defendant further agrees to waive all interest in any such
property 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 at sentencing, 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 Rule 1 1(b)(1)(J), at the time his guilty plea is accepted.
5. 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 within 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. _
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Case 1:07-cr-00026-SLR Document 40 Filed O3/05/2008 Page 3 of 4
Level'] 6 or greater, the government agrees to move for the reduction of the Offense Level by one
additional level, pursuant to Sentencing Guideline Section 3El.l(b), for a total reduction of three
points.
7. 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 ofthe outstanding debt ordered.
8. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
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Case 1:07-cr-00026-SLR Document 40 Filed O3/05/2008 Page 4 of 4
9. 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. NNOLLY
United St s Attorney
BY: .
Eleni Kousoulis, Esquire Sh . Weede
Attorney for Defendant As ist t United States Attorney
J C"
arl N. Wallace
Defendant
Dated: 2 I SIU?
AND NOW, this QH; day of , 2008, the foregoing Memorandum
of Plea Agreement is hereby (rejected) by this Court.
Honorable Sue L. iéobinson T- j
United States District Judge _ .
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