Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr—00020-GIVIS Document 15 Filed 05/22/2007 Page 1 ot 4 ‘
· ` U.S. Department of Justice
_ United States Attorney ’s Ojice _
District of Delaware
_ U Nemours Building (302) 573-6277
1007 Orange Street, Suite 700 FAX (3 02) 5 73-6220
P. O. Box 2046
- Wilmington, Delaware 19899-2046
l May 22, 2007
Honorable Gregory M. Sleet n ` ·
‘ United States District Court
J. Caleb Boggs Federal Building `
844 King Street
Wilmington, Delaware 19801 l
Re: United States v. Anthony Fridas
Criminal Action N 0. 07-20-GMS
Dear Judge Sleetz I
The defendant is prepared to enter a guilty plea to Count 3 of the Indictment, possession of
child pornography, pursuant to the enclosed Memorandum of Plea Agreement. The change of plea
has been scheduled for Tuesday, June 19, 2007, at 9:00 a.m.
The Government has put the defendant on notice that after the change of plea the Government
g will move that the defendant be detained pending sentencing.
Respectfully, n E
, , cot F. co n t Y 1 g
V · l =·` I`
. - {
` B " »·" .
9 ‘ » ond Falg wski V
p . Assistant United St Attorney _ _
pc: Christopher Koyste, Esquire ‘ _ I S
_ Craig Carpenter, U.S. Probation Officer .
_ EFgs1b n ` n ,
Enclosure U

I Case 1:07-cr-00020-GIVIS Document-15 Filed 05/22/2007 Page 2 of 4 n I I
_ i . I - IN THE UNITED STATES DISTRICT COURT _ I
n- - I - FOR THE DISTRICT OF DELAWARE I `
_ _ STATES OF Al\£[ERICA, · )
n i Plaintiff U _ ) .
A v. ) Criminal Action No. O7#20-GMS I
. ANTHONY NIKOLAOS FRIDAS, A) n g . .
_ U A _ - l U- Defendant.- U ) l ` A _
I an I MEMORANDUM OF PLEA AGREEMENT _ A n I
‘ I I Pursuant to discussions between the United States of America, by and through its attomey,
‘ . - Edmond Fal gowski, Assistant United States Attorney for the District of Delaware, and on behalf of and
I 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,
I -‘ ._ Christopher Koyste, Esquire, the following agreement is hereby entered into by the respective parties:
l l l. 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),
n an _ ‘ which carries-a maximum penalty of ten years imprisonment, a $250,000.00 fine, a` life tenn of ` -
. I supervised release, or any or all ofthe above, and na special assessment of $100. ·
- .‘_' 2. The defendant acknowledges that the elements of the offense are as follows: Z
._ _ a. The defendant possessed child pornography, defined as a visual depiction of a I
- _ minor engaged in an actual or simulated sex act and/or the lascivious exhibition
A of the genitals; _
I ‘ ‘ bl. The defendant knowingly possessed the child pornography, and; - A
L - c. The child pomography had been transported in interstate commerce, or was ‘ :
_ produced using materials which had been transported in interstate commerce. . I

, I - Case 1 :07-cr—00020-GIVIS Document 15 Filed 05/22/2007 Page 3 of 4
. I I _ The defendant agrees to pay the special assessment on the day of sentencing. If the Court _
I orders the payment of any fine as part of the defendant’s sentence, the defendant agrees voluntarily to
_ I · ‘ 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
I _ I outstanding debt ordered. I _ .
‘ I I 4. Provided that the United States does not subsequently learn of conduct by the defendant I
I . _ inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing a p
__ _ two-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(a). If the defendant’s I
-I offense level is 16 or greater, the United States will move for an additional one point reduction,
I pursuant to U.S.S.G. § 3El.l(a) and (b). I I
I _ 5, The defendant agrees to forfeit to the United States his interest in all computer hardware,
I aI I I software, and storage media taken from the defendant’s home by FBI agents on or about December 20, I p
I . I 2OOI6. . I . I . ‘ c - · e g
‘ I I I I 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 35 53(a) in determining an appropriate I I
_· . sentence. At this stage (prior to the preparation ofthe pre-sentence report), the defendant should expect `
I that the Government will recommend that the Court impose a sentence consistent with the sentencing
I I . range set forth by the sentencing guidelines. The defendant understands, however, that the ultimate _ . I
I I determination of an appropriate sentence will be up to the sentencing judge. The Court may impose a
I sentence which exceeds, falls below, or is contained within the sentencing range prescribed by the . I
I I sentencing guidelines. The defendant expressly acknowledges that if the Court imposes a sentence ` I
I _ I 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
I _ _ I sg allowed to withdraw his guilty plea on that basis. I I ‘ _

` - Case 1 :07-cr—`00020-GIVIS Document 15 Filed 05/22/2007 Page_4 ot 4 _
‘ 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
n- n following Specific Offense Characteristics: ‘ _ ·
I _ 2G2.2(b)(2) Prepubescent minor under the age of 12 + 2 l
( 2G2.2(b)(6) Use of a computer _ + 2
2G2.2(b)(7)(A) At least 10 images, but fewer than 150 + 2 i
_ I As to the remaining provisions of U.S.S.G., Section 2G2.2, the Government states no position and
reserves argument, i .
I i C ‘ -8. 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 r
in writing signed by all the parties; and that any and all promises, representations and statements made n
. prior to or after this Memorandum are null and void and have no effect whatsoever, unless they comport h
` with the subsequent written modification requirements of this paragraph. _
_ - . COLM F. CONNOLLY
_‘ United States Attomey
. l A n By: - l .
Christopher Koyste, Esquire - Edmond Falgowski
Attorney for Defendant - Assistant United States Attomey
- · - Anthony Nikolaos Fridas - A - _ ·
1 _ ‘ Defendant 1 ‘ i ¥
I Dated: ‘ _ I
i : A l. __ I AND NOW this day of I 2007, the foregoing _ 3
I Memorandum of Plea Agreement is hereby (accepted) (rejected) by this Court. ( I .
‘ . I . HONORABLE GREGORY M. SLEET ..
‘ `_ ` United States District Court - _ `