Free Plea Agreement - District Court of Delaware - Delaware

» Case 1 :07-cr-00022-JJIF Document {42 File'? (35/O3/2008 Rage]
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNTTED STATES OF AMERICA, )
v. g Criminal Action No. 07-22-JJF
STEVEN KELLAM g
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney, Ilana
H. Eisenstein, Assistant United States Attorney for the District of Delaware, and the defendant, Steven
Kellam, by and through his attorney, Edson A. Bostic, Esquire, the following agreement is hereby
entered into by the respective parties:
1. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count I of the Indictment. Count I of the Indictment charges him with possession with
intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C), which has a maximum
penalty of twenty years imprisonment, a fine of $ 1 ,000,000, lifetime supervised release with a minimum
of three years of supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the United States would have to prove
beyond a reasonable doubt the elements of the offense to which he is pleading guilty: (1) the defendant
possessed a substance; (2) the substance was cocaine; (3) the defendant acted knowingly; and (4) the
defendant acted with the intent that the substance would be distributed to one or more other persons.
3. The parties agree as follows:
a. Pursuant to Rule ll(c)(l)(C) of the Federal Rules of Criminal Procedure, the
sentence imposed on Defendant shall be a sentence of time served.

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b. There is no agreement as to the term of supervised release to which Defendant
may be sentenced, and the parties agree that the Court may sentence the defendant to a term of
supervised release of no less than three years. The defendant understands and acknowledges that a
violation of any condition of supervised release may result in Defendant being imprisoned for an
additional period of incarceration.
c. Defendant shall pay a special assessment of $100 at or before sentencing.
4. The Court may accept or reject this agreement. If the Court rejects this agreement, it shall
afford Defendant the opportunity to withdraw the plea of guilty and advise Defendant that if the plea
is not withdrawn, the sentence may be greater than the sentence provided for in this agreement.
5. Defendant agrees that by pleading guilty, he is waiving all rights to appeal or to collaterally
attack his conviction and sentence except the right to appeal the legality ofthe sentence, a violation of
the plea agreement, or a defect in the change of plea proceedings.
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6. 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, and statements made
prior to or after this Memorandum are null and void and have no effect whatsoever.
I COLM F. CONNOLLY
/1 /4 United States Attorney
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{ ,1j'iL¤l] ” By: 7L ~
‘ dson A. Bostic, Esquire na . Eisenstein
Atto for Defendant Assistant United States Attorney
Steven Kellam
Defendant
Dated: jyye 5, Zvv ?
AND NOW, this 5 day of i' , 2008, the foregoing Memorandum of
Plea Agreement is hereby ) ( by this Court.
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HoNo · · Jos P ARNAN, JR.
United Sta : istrict Judge
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