Free Plea Agreement - District Court of Delaware - Delaware

' Case 1:07-cr-00020-GIVIS Document 17 Filed 06/19/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action No. 07-20-GMS
ANTHONY NH Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey,
Edmond Falgowski, Assistant United States Attorney for the District of Delaware, and on behalf of and
with the consent and knowledge of Colm F. Connolly, United States Attorney for the District of
Delaware, and the defendant, Anthony Nikolaos Fridas, by and through the defendant‘s attorney, Eleni
Kousoulis, Esquire, the following agreement is hereby entered into by the respective parties:
1. The defendant shall enter a guilty plea to Count 3 ofthe Indictment, charging Possession of
Child Pornography, a violation of Title 18, United States Code, Section 2252A(a)(5)(B) and (b)(2),
which carries a maximum penalty of ten years imprisonment, a $250,000.00 line, a life term of
supervised release, or any or all of the above, and a special assessment of $100.
2. The defendant acknowledges that the elements of the offense are as follows:
a. The defendant possessed child pornography, deiined as a visual depiction of a
minor engaged in an actual or simulated sex act and/or the lascivious exhibition
of the genitals;
b. The defendant knowingly possessed the child pomography, and;
c. The child pornography had been transported in interstate commerce, or was
produced using materials which had been transported in interstate commerce.

Case 1:07-cr-00020-GIVIS Document 17 Filed 06/19/2007 Page 2 of 3
3. The defendant agrees to pay the special assessment on the day of sentencing. If the Court
orders the payment of any fine as part of the defendant’s sentence, the defendant agrees voluntarily to
enter the Inmate Financial Responsibility Program through which the Bureau of Prisons will collect a
portion of the defendant’s prison salary and apply it on the defendant’s behalf to the payment of the
outstanding debt ordered.
4. Provided that the United States does not subsequently learn 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.l(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. § 3E1.1(a) and (b).
5. The defendant agrees to forfeit to the United States his interest in all computer hardware,
software, and storage media taken from the defendant’s home by FBI agents on or about December 20,
2006.
6. 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 attorney or the United States, the defendant will not
be allowed to withdraw his guilty plea on that basis.
2

I Q Case 1:07-cr-00020-GIVIS Document 17 Filed 06/19/2007 Page 3 of 3
7. Recognizing that the stated positions ofthe parties regarding the specific applicability ofthe
Sentencing Guidelines are not binding on the Court, the Government asserts the applicability of the
following Specific Offense Characteristics:
2G2.2(b)(2) Prepubescent minor under the age of l2 + 2
2G2.2(b)(6) Use of a computer + 2
2G2.2(b)(7)(A) At least l0 images, but fewer than 150 + 2
As to the remaining provisions of U.S.S.G., Section 2G2.2, the Government states no position and
reserves argument.
8. It is iiirther 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 modification requirements of this paragraph.
COL . ONNOL in
Unit d State t o
By:
Eleni Kousoulis, Esquire Edmond Falgo ski
Attorney for Defendant Assistant United Sta es Attomey
Anigny Nikolaos Fridas
Defendant
Dated:éw" ' O 7
_ f ]’\ zo
AND NOW this Q day of Q j , 2007, the foregoing
Memorandum of Plea Agreement is her y _, (accepted) (-1=ejected)·by this Court.
{ 1/* l
°` __ A1;
HON RABL GREGORY M. SLE F | |_ E D
United States District Court
JUN l 9 2007
3
us. onsrmcr counr
orsrmcr OF DELAWARE