Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :05-cr-00107-SLR Document 22 Filed O4/06/2006 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 05-107-SLR
MICHAEL D. HENRY,
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 Adam
Safwat, Assistant United States Attorney, and Christopher S. Koyste, Esquire, attorney for the
Defendant, MICHAEL D. HENRY, the following agreement is hereby entered into by the
respective parties:
l. The Defendant agrees to plead guilty to Count One of the Indictment, which charges
the Defendant with possession of a firearm by an individual previously convicted of a crime
punishable by a term of imprisonment 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
Govemment would have to prove beyond a reasonable doubt at trial, are: (i) the Defendant
knowingly possessed a firearm; (ii) before he possessed the firearm, 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 of the firearm was in or affecting commerce. The maximum penalties for
Count One are found in 18 U.S.C. § 924(a)(2), and are ten years imprisonment, a $250,000.00

· Case 1:05-cr-00107-SLR Document 22 Filed O4/06/2006 Page 2 of 4
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
October 26, 2005, in the State of Delaware, he knowingly possessed a firearm, to wit, a Phoenix
Arms .22 caliber handgun, model HP22A, serial no. 4233242. The Defendant does not contest
that this firearm was 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 Superior Court, Sussex County, Delaware, on or about March 18, 1999, of
burglary in the third degree, a crime which is punishable by imprisonment for a term exceeding
one year.
3. The United States will recommend a three-level reduction in the offense level for
the charge above for the defendant’s affirmative acceptance of responsibility under Sentencing
Guideline § 3El .1, provided the offense level is sixteen (16) or more. If the offense level is less
than sixteen, the United States will recommend a two-level reduction in the offense level under
Section 3El.1.
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 Government will likely recommend that the Court impose a sentence
consistent with the sentencing range set forth by the sentencing guidelines. The Defendant
recognizes that the final determination of the Defendant’s sentence will be made by the Court.
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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 ofthe
parties or recommendation of his attorney.
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 salary and apply it on the defendar1t’s behalf to the
payment of the outstanding debt ordered.
7. The parties reserve the right to defend the probation officer’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
expects from any such stipulation or recommendation, the Defendant may not withdraw his
guilty plea.
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8. The Defendant abandons any right, title and interest that he may have in the
firea.rm 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 ar1d void and have no effect whatsoever unless committed to writing in the
manner so provided in this paragraph.
COLM F. CONNOLLY
] United States Attorney
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`stopher S. Koyste, Esquire Adam Safivat
Attorney for Defendant Assistant United States Attomey
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Michael D. Henry ·· "
Defendant
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Dated: -M-a1·c*]rr' 6 , 2006
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AND NOW this é>`*· day of , 2006, the foregoing
Memorandum of Plea Agreement is hereby accepted rejected) by the Court.
THE HONORAB §E SUE L. ROBINSON
UNITED STATES DISTRICT CHIEF JUDGE
DISTRICT OF DELAWARE
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