Free Plea Agreement - District Court of Delaware - Delaware

Case 1:06-cr-00143-GIVIS Document 18 Filed 10/18/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. i Criminal Action No. 06-143-GMS
GREGORY CARTER, i _
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 Robert F. Kravetz,
Assistant United States Attorney, and the defendant, Gregory Carter, by and through his attorney,
Luis A. Ortiz, Esquire, the following agreement is hereby entered into by the respective parties:
1. The defendant agrees to plead guilty in the United States District Court for the District
of Delaware to Counts I, H, and III of the Superseding Indictment. Count I charges the defendant
with knowingly distributing 50 grams or more of cocaine base, in violation of Title 21, United
States Code, Sections 841(a)(1) and 841(b)(1)(A). The maximum penalties for Count I are at
least ten years and up to life imprisonment; a $4,000,000 fine; a term of supervised release of at
least five years up to a life term of supervised release; and a $100.00 special assessment. Counts
H and IH each charge the defendant with knowingly distributing 5 grams or more of a mixture or
substance containing a detectable amount of cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1)
and (b)(1)(B). Counts H and III each canry a maximum penalty of at least five years and up to
forty years imprisonment; a $2,000,000 fine; a term of supervised release of at least four years up
to a life term of supervised release; and a $100.00 special assessment.
2. The defendant understands that if there were a trial, the United States would have to

Case 1:06-cr-00143-GIVIS Document 18 Filed 10/18/2007 Page 2 of 4
prove beyond a reasonable doubt the elements of the offenses to which he is pleading guilty, that
is, that: (I) on or about the dates set forth in the Superseding Indictment, the Defendant knowingly
or intentionally distributed a controlled substance, to wit, cocaine base; and (2) at such time the
defendant distributed the controlled substance he was aware that the substance distributed was
cocaine base. With respect to Count I, the Government must further prove that the Defendant
distributed fifty grams or more of a mixture or substance that contains a detectable amount of
cocaine base. With respect to Counts II and HI, the Government must further prove that the
Defendant distributed five grams or more of a mixture or substance that contains a detectable
amount of cocaine base.
3. In accordance with this Agreement, the defendant admits that on or about
December I4, 2005, he knowingly distributed 53.3 grams of a mixture of substance containing
cocaine base; that on or about January 24, 2006, he knowingly distributed 25.9 grams of a mixture
or substance containing cocaine base; and that on or about December I4, 2006, he knowingly
distributed 27.1 grams of a mixture or substance containing cocaine base.
4. Provided that the United States does not learn after the entry of the defendant’s giilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
States agrees to recommend a three-level reduction in the defendant’s sentencing guideline range
pursuant to U.S.S.G. § 3El.l.
5. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, 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 Government will recommend that the Court impose a
sentence consistent with the sentencing range set forth bythe sentencing guidelines. The
defendant understands, however, that the ultimate determination of an appropriate sentence will
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Case 1:06-cr-00143-GIVIS Document 18 Filed 10/18/2007 Page 3 of 4
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.
6. The defendant agrees to pay the $300 special assessment the day of sentencing. Should
he fail to do so, the Defendant agrees to enter voluntarily into 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 of the outstanding debt ordered.
7. The United States Attomey reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
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Case 1:06-cr-00143-GIVIS Document 18 Filed 10/18/2007 Page 4 of 4
8. 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 a written document 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. CONNOLLY
United States Attomey
By: ~—.
uis A. Ortiz, Esquire Robert F. Kravetz “
Attorney for the Defendant Assistant United States A ey
Gregoiyé garter, Defendant
Dated: October 18, 2007 [A
T
AND NOW, this iq day of 2007, the foregoing
Memorandum of Plea Agreement is hereby (accepted)·(r=ej-ee-tedé by this Court.
I
Hono ble Gr ory M. Sleet
Chief nited States District Judge
F I L E D
L- [ l Qi Z.]?
us. ovsmscr count
ousrmcr or DELAWARE
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