Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff, i
v. Criminal Action No. 06-O2 JJF
ISHMAEL M. RODRIQUEZ,
Defendant.
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 Douglas E.
McCann, Assistant United States Attomey for the District of Delaware, and Christopher Koyste,
Esquire, attomey for the Defendant, ISHMAEL M. RODRIQUEZ, the following agreement is
hereby entered into by the respective parties:
l. The Defendant agrees to plead guilty to Count One of an Indictment, which charges
the Defendant with possession of a firearm and ammunition by an individual previously
convicted ofa crime punishable by a term ofimprisonment exceeding one year, in violation of
Title 18, United States Code, Sections 922(g)(l) and 924(a)(2). The essential elements of the
offense, each of which the Government would have to prove beyond a reasonable doubt at trial,
are: (i) the Defendant knowingly possessed a firearm or ammunition; (ii_) before he possessed the
lirearm or ammunition, the Defendant had been convicted in a court of a crime punishable by
imprisonment for a term in excess of one year; and (iii) the possession ofthe firearm or
ammunition was in and affecting commerce. The maximum penalties for Count I are found in 18

th i Case 1:06-cr-00002-JJF Document 17 Filed O3/17/2006 Page 2 of 4
U.S.C. § 924(a)(2), and are ten years imprisonment, a $250,000.00 fine, three years of supervised
release following any term of imprisonment, and a $100.00 special assessment.
2. The Defendant knowingly, voluntarily, and intelligently admits that on or about
November 22, 2005, in the State and District of Delaware, he knowingly possessed a fireann, to
wit, a .357 Rossi revolver, serial number F443 169 and ammunition, to wit, two (2) R—P .357
caliber rounds of ammunition, three (3) PMC .38 caliber rounds of ammunition and one (1)
Federal .38 caliber round of ammunition. The Defendant does not contest that the firearm and
the ammunition were manufactured outside the State of Delaware and traveled in interstate
commerce. The Defendant further knowingly, voluntarily, and intelligently admits that he was
convicted in the New Castle County Superior Court, on or about May 18, 2005_, of possession
with intent to deliver a narcotic Schedule ll controlled substance, a crime which is punishable by
imprisonment for a term exceeding one year.
3. The United States will recommend a reduction in the offense level for the charge
above for the Defendant’s affirmative acceptance of responsibility under Sentencing Guideline §
3El .1. The United States makes this recommendation because the Defendant has timely notified
authorities of his intention to enter a plea of guilty, thereby permitting the United States to avoid
preparing for trial and pemiitting the Court to allocate its resources efficiently.
4. The Defendant understands that at sentencing, the District Court must consider the
United States Sentencing Guidelines 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 Title 18, United States Code, Section 3553(a). The Defendant
further understands that the Govemment will likely recommend that the Court impose a sentence
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Case 1:06-cr-00002-JJF Document 17 Filed O3/17/2006 Page 3 of 4
consistent with the sentencing range set forth by the sentencing guidelines. The Defendant
recognizes that the final detennination of the Defendant’s sentence will be made by the Court.
The Defendant further understands that the Court is not bound by any stipulations or
recommendations of the parties. The Defendant agrees that he will not be allowed to withdraw
his guilty plea because the Court calculates the guidelines differently than he expects, or imposes
a sentence greater than what he expects, or imposes a sentence contrary to any stipulation of the
parties or recommendation of his attomey.
5. The Defendant agrees to pay the special assessment of $100.00 at the time of
sentencing.
6. If the Court sentences the Defendant to a term of incarceration and orders the
payment of any special assessment or fine as part of the Defendant’s sentence but the Defendant
is unable to pay the full amount of the special assessment or fine at the time of sentencing, the
Defendant agrees voluntarily to enter 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 the Defendant’s prison salaiy and apply it on the Defendant’s behalf to the
payment of the outstanding debt ordered.
7. The parties reserve the right to defend the probation of ficer’s findings at the
sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. However, if the Court decides not to follow any stipulation or recommendation in
this Memorandum of Plea Agreement, or if the Defendant does not receive the benefits he
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expects from any such stipulation or recommendation, the Defendant may not withdraw his
guilty plea.
8. The Defendant abandons any right, title and interest that he may have in the
firearm or ammunition identified in paragraph two of this agreement.
9. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the undersigned parties; that this
Memorandum may be modified only in a written agreement executed by all the undersigned
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 committed to writing in the
manner so provided in this paragraph.
2 E J COLM F. CONNOLLY ‘
4 J_ , gi {L t By: f I . ‘l· I?
Christopher Koyste, sq re Dougla E. McCann
Attorney for Defendant Assistant United States Attorney
LA, ‘ j LQLC, ’
Ishmael Rodriquez 3
Defendant
Dated: fglgfgi, IV:/S4, V; ,Z'i.2: 2006
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AND NOW this li day of i/l/i"£°‘-"€7'£2006, the foregoing Memorandum of Plea
Agreement is hereby (accepted) ( by the Coux
JOSEPH J. F A , .
UNITED ATES DISTRICT JUDGE
DISTRICT OF DELAWARE
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