Free Proposed Plea Agreement - District Court of Delaware - Delaware

I Case 1:06—cr—00009-SLR Document 17 Filed 06/08/2006 Page 1 of 4
- U.S. Department of Justice
_ g United States Attorney ’s Ojice
_ "‘->-jQL.5fQ}.···"" ` _ District of Delaware
· U U - · . ` Nemours Bui!a'ing (302) 573-6277
‘ - 1007 Orange Street, Suite 7100 FAX (302) 5 73-6220
‘ ` P. O. Box 2046
· . . Wilmington, Delaware 19899-2046
- _ June 8, 2006 J I I
Honorable Sue L. Robinson .
Chief Judge . - A .
j United States District Court p _ .
J. Caleb Boggs Federal Building
_ 844 King·Street ‘ L
- Wilmington, Delaware
_ Re: United States v. Dennis Diehl ·s-— .
- Criminal Action No. 06-09-SLR `
U Dear Chief Judge Robinson: l Z
The defendant is prepared to enter a guilty plea at the change of plea hearing scheduled for
· _ August 3, 2006, at 4:30 p.m., pursuant to the enclosed Memorandum of Plea Agreement.
.- ._ I ‘ __ - . . Respectfully, .
‘ . - _ COLM F. CONNOLLY U
_ _ - Unit tates Attorn _ I
.. . ‘ E ond Falgows . ' s
· I _ · Assistant United ` tates A _ rney -
pc: Louis B. Ferrara, Esquire _ l l U I
` ‘ Mr. Craig Carpenter, U.S. Probation Office · ` ·
‘ · EF:slb K - - n
Enclosure _ _

I _ Case _1 :06—cr—00009-SLR Document 17 I Filed 06/08/2006 I Page 2 of 4 .
- IN THE UNITED STATES DISTRICT COURT I
· _ FOR THE DISTRICT OF DELAWARE
` I I I UNITED STATES OF AMERICA, ) I
I I · I I Plaintiff, - g
- ` I v. g Criminal Action No. 06-09-SLR
y I_ IDENNLS Dinar, u i l
I I Defendant. ‘ i _, I U
I 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
I I ` with the consent and knowledge of Colm F. Comiolly, United States Attorney for the District of
I I Delaware, and the defendant, Dennis Diehl, by and through the defendant's attorney, Louis B. Ferrara, .
Esquire, the following agreement is hereby entered intoIby the respective parties:
I. The defendant shall enter a guilty plea to Count I of the Indictment, charging the receipt of =
I child pornography, a violation of Title 18, United States Code, Section 2252A(a)(2) and (b)( 1), which
I I ‘carries a maximum penalty of not less than five years and notmore than 20 years imprisonment, a ‘ ·
_ - $250,000.00 fine, three years supervised release, or any or all of the above, and a special assessment
- I - of $100. At sentencing the Government will move to dismiss the remaining counts of the Indictment.
I 2. The defendant acknowledges that theelements of the offense are as follows: I
a. Acting knowingly I
I I _ b. the defendant received in interstate commerce · I I

I _ Caset :06—cr—00009-SLR Document 17 Filed 06/08/2006 Page 3 of4
A - c. child pornography, defined as a visual depiction of a minor engaged in an actual
or simulated sex act andfor the lascivious exhibition of the genitals. ` _ .
.- I ‘ _3. The defendant agrees to pay the special assessment on the day of sentencing. If the Court
U ` _ 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.
1 _ 4. The United States agrees that in consideration of the defendants timely guilty p_lea, the
I A-_Govern1nent will recommend a three point reduction in the Offense Level for the defendant's affirmative
n I acceptance of responsibility, pursuant to Sentencing Guideline Section 3El . 1. I
5. The defendant agrees to forfeit to the United States all computer hardware, software, and
I I ` storage mediums that were seized pursuant to a search warrant executed at the defendar1t’s home on or
U about July 8, 2005. _ {
6. Thedefendant understands that at sentencing the District Court must consult the United States
I - Sentencing Guidelines ("U.S.S.G.") and take them into account in exercising its discretion to determine
- I the appropriate sentence and must also consider the other factors bearing on an appropriate sentence
l pursuant to 18 U.S.C. § 355 3(a). The defendant further understands that the Government will ask the
up Court to calculate the appropriate sentence under the U.S.S.G. and to impose a sentence consistent with I
U _ · the.U.S.S.G. ` ·
I 7; The defendant agrees to submit, prior to sentencing, to a sex offense specific evaluation, G I
`U " . 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 i
- _Association for the Treatment of Sexual Abusers (ATSA) will conduct the evaluation. The defendant U
A 2

{ Case 1 :06—cr—00009-SLR Document 17 Filed 06/08/2006 Page 4 of 4 p
I agrees to submit to all evaluation procedures at the direction of the treatment provider, including but S
of 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,
‘ I 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 inodihcation requirements of this paragraph.
I ` . _ COLM F. CONNOLLY
‘ " . United States Attorney
MMM By=.._...M._..M___
_ Louis B. Ferrara, Esquire Edmond Falgowski
Attorney for Defendant Assistant United States Attorney
l Dennis Diehl l · `
_ - _ Defendant
" _ Dated: _
I _ AND NOW this day of ` , 2006, the foregoing `
- Memorandum of Plea Agreementiis hereby (accepted) (rejected) by this Court. l
` ‘ HONORABLE SUE L. ROBINSON
" ' _ United States District Judge -