Free Plea Agreement - District Court of Delaware - Delaware

I _. a Case 1:06-cr-00009-SLR Document 21 Filed 08/23/Zwk (ul;-b
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) A
Plaintiff, 3
v. g Criminal Action No. 06-09-SLR
DENNIS DIEHL, 3
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
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, Dennis Diehl, by and through the defendant's attorney, Louis B. Ferrara,
Esquire, the following agreement is hereby entered into by the respective parties:
1. The defendant shall enter a guilty plea to Count I of the Indictment, charging the receipt of
child pornography, a violation of Title 18, United States Code, Section 2252A(a)(2) and (b)(1), which
carries a maximum penalty of not less than five years and not more than 20 years imprisomnent, a
$250,000.00 fine, three years supervised release, or any or all of the above, and a special assessment
of $100. At sentencing the Govemment will move to dismiss the remaining counts of the Indictment.
2. The defendant acknowledges that the elements of the offense are as follows:
a. Acting knowingly
b. the defendant received in interstate commerce

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c. child pornography, defined as a visual depiction of a minor engaged in an actual
or simulated sex act and/or the lascivious exhibition of the genitals.
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 Imnate 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. The United States agrees that in consideration of the defendant’s timely guilty plea, the
Government will recommend a three point reduction in the Offense Level for the defendant’s affirmative
`acceptance of responsibility, pursuant to Sentencing Guideline Section 3El.l.
5. The defendant agrees to forfeit to the United States all computer hardware, software, and
storage mediums that were seized pursuant to a search warrant executed at the defendant’s home on or
about July 8, 2005.
6. The defendant understands that at sentencing the District Court must consult the United States
Sentencing Guidelines ("U.S.S.G.") and take them into account in exercising its discretion to determine
the appropriate sentence and must also consider the other factors bearing on an appropriate sentence
pursuant to 18 U.S.C. § 3553(a). The defendant further understands that the Government will ask the
Court to calculate the appropriate sentence under the U.S.S.G. and to impose a sentence consistent with
the U.S.S.G.
7. The defendant agrees to submit, prior to sentencing, to a sex offense specific evaluation,
commonly known as the Psycho—Sexual Assessment. A qualified mental health professional
experienced in evaluating, treating, and managing sexual offenders, such as a member of the
Association for the Treatment of Sexual Abusers (ATSA) will conduct the evaluation. The defendant
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agrees to submit to all evaluation procedures at the direction of the treatment provider, including but
not limited to an Abel Assessment for Sexual Interests, and/or other risk and treatment program plan
assessment procedures, if the treatment provider deems them necessary.
8. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe 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.
COLM F. CONNOLLY
United States Ami? 2 ;
Louis B. Ferrara, Esquire O ond Falgowski
Attorney for Defendant Assistant United States Attomey
Dennis Diehl
Defendant
Dated: CZ "% I O Q
AND NOW this CJJM, day of 4,,,,, , 2006, the foregoing
Memorandum of Plea Agreement is hereby accept » (rejected) by this Court.
HONORABLE SUE§§. ROBINSON
United States District Judge
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