Free Plea Agreement - District Court of Delaware - Delaware

Case 1;O5-cr-00109-GIVIS Document 17 Filed O4/25/2006 Page 1 of 4
I IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff {
V. Criminal Action No. 05-109-GMS
KRISTEN NOWACK,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
l Pursuant to discussions between the United States of America, by and through its
attomey, Beth Mosl 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, Kristen Nowack, by and through her
attorney, Christopehr Koyste, Esquire, the following agreement is hereby entered into by the
respective parties:
1. The defendant, Kristen Nowack, agrees to plead guilty to Count One of the
Indictment charging her with theft of mail in violation of Title 18, United States Code, Section
1709, which carries a maximum penalty 0f5 years imprisonment, a $250,000 fine, 3 years
supervised release and a $100 special assessment.
2. The defendant understands that if there were a trial, the government would have to
prove the following elements with respect to Count One of the Indictment: (a) the defendant was
an employee of the United States Postal Service; (b) that at the time she was a Postal Service
employee, the mail matter referred to in the Indictment was entrusted to her for delivery; and

Case 1;O5-cr-00109-GIVIS Document 17 Filed O4/25/2006 Page 2 of 4
(c) that the defendant knowingly stole the mail matter.
3. The defendant knowingly, voluntarily, and intelligently admits the following facts:
(a) she was an employee of the United States Postal Service; (b) between June, 2005, and August
19, 2005, while she was employed by the United States Postal Service, the checks referred to in
the Indictment were entrusted to her for delivery; (c) she knowingly stole the checks; and (d) the
value of the checks she stole was greater than $70,000 but less than $120,000.
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 18 U.S.C. § 3553(a). The defendant further understands that the
Government will recommend that the Court impose a sentence consistent with the sentencing
range set forth by the sentencing guidelines.
5. The defendant agrees to pay the $100 special assessment at the time of sentencing.
Should she fail to do so, the defendant agrees to voluntarily 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 salary and apply it on
the defendant’s behalf to the payment of the outstanding debt ordered.
6. Provided that the United States Attorney does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, at sentencing, the United States
agrees to move for a three level reduction under USSG §3El.l(b) based on the defendant’s
conduct to date.
7. The parties reserve the right to defend the probation officer’s findings at the
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Case 1::05-cr-00109-GIVIS Document 17 Filed O4/25/2006 Page 3 of 4
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. The defendant understands and agrees that 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 she expects from any such stipulation or recommendation, the defendant
may not withdraw her guilty plea.
8. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements of the undersigned parties; that this Memorandum may
be 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 Attomey _
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_ /l-P -f/W I IJ: ff}
» ’ (//U ~ “ BY: fl I M ’
'sten Nowack Beth Moskow—Schnoll
Defendant V Assistant United States Attorney
jj 2 arit ’
Christopher Koyste
Attomey for Defendant
Dated: ff/— L{ - Cf é
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Case 1:05-cr-00109-GIVIS Document 17 Filed O4/25/2006 Page 4 of 4
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AND NOW, this]; day of ` [ , 2006, the foregoing Memorandum of
Plea Agreement is hereby (accepted) this Court.
HON LE REGORY M. S EET Q
United States District Couit Judge
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