Free Plea Agreement - District Court of Delaware - Delaware

_ - . Case 1 :05-cr-00036-JJF Document 66 Filed 05/O4/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff} g
v. g Criminal Action N0. 05-36-2-JJ F
GWENNETTE BOWMAN g
Defendant. l
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attomey for the District of Delaware, and Ferris W. Wharton,
Assistant United States Attorney for the District of Delaware, and the defendant, Gwennette
Bowman, by and through her attorney, James E. Li guori, Esquire, the following agreement is
hereby entered into by the respective parties:
l. The defendant shall plead guilty in the United States District Court for the District
of Delaware to Counts Six and Seven of the Indictment. Count Six charges the defendant with
distribution ofmarijuana, in violation of2l U.S.C. § 841(a)(1) and (b)(l)(D). The maximum
sentence the defendant could receive for Count Six is five years imprisonment, a fine of
$250,000, three years of supervised release, and a S 100 special assessment. Count Seven
charges the defendant with offering for sale drug paraphernalia, in violation of2l U.S.C. § 863.
The maximum sentence the defendant could receive for Count Seven is three years
imprisonment, a $250,000 fine, a one year of supervised release and a $100 special assessment.

_ · . Case 1:05-cr-00036-JJF Document 66 Filed 05/O4/2006 Page 2 of 4
2. The defendant understands that if there were a trial, the government would have
to prove the following elements with respect to Count Six of the indictment: (1) that on or about
February 22, 2005, the defendant distributed a mixture and substance containing a detectable
amount of marijuana; and (2) that the defendant acted knowingly. With respect to Count Seven
of the indictment, the government would have to prove the following elements: (1) that on or
about March 16, 2005, the defendant offered for sale drug paraphernalia; and (2) that the
defendant acted knowingly.
3. The defendant admits with respect to Count Six that on February 22, 2005, she
sold approximately 15 grams of marijuana to an individual acting as a law enforcement
informant. The transaction occurred at her home located at 3880 Paradise Alley, Harrington,
Delaware and was preceded by a telephone call arranging the transaction. With respect to Count
Seven the defendant admits that she and Robert Cooke were partners in a business known as
Teragwen’s Leather Toys and Lace, located at 1044 South DuPont Highway, Dover Delaware.
She further admits that on March 16, 2005 and previously, she and Cooke offered for sale drug
paraphernalia, including bongs, assorted pipes, smoking masks, roach clips, digital scales, and
urine cleansing kits.
4. The defendant abandons any right, title, and interest that she may have in the drug
paraphemalia seized by the Delaware State Police on or about March 16, 2005; agrees to execute
all documents requested by the govemment to effect her abandonment; and agrees that the
Delaware State Police may dispose of the drug paraphemalia in whatever manner it deems
appropriate.
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_ · Case 1:05-cr-00036-JJF Document 66 Filed 05/O4/2006 Page 3 of 4
5. The United States represents to the defendant that based on the infomation
available to it, the United States believes that the amount of marijuana reasonably attributable to
the defendant for sentencing purposes under USSG §2D1.l is at least five but less than ten
kilograms. Provided that the United States Attorney does not subsequently learn of conduct by
the defendant inconsistent with acceptance of responsibility, the United States agrees to a two-
level reduction under USSG §3El . l(a), and if the defendant’s offense level is determined to be
level 16 or greater, the United States agrees to an additional one-level reduction under USSG
§3E1.l(b) based on the defendant’s conduct to date, and will so move the District Court at
sentencing.
6. The United States agrees that for sentencing purposes Counts Six and Seven are
"c1osely related” as defined by USSG §3Dl.2.
7. 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
govemment will recommend that the Court impose a sentence consistent with the sentencing
range set forth by the Sentencing Guidelines. The defendant recognizes that the Court is not
bound by any stipulations or recommendations of the parties. The defendant agrees that she will
not be allowed to withdraw her guilty plea because the Court calculates the guidelines differently
than she expects, or contrary to any stipulation of the parties or recommendation of her attorney.
8. The defendant agrees to pay the $200 special assessment on the day of sentencing.
Should she fail to do so, the defendant agrees to voluntarily enter the United States Bureau of
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»_ _ _ Case 1:05-cr-00036-JJF Document 66 Filed 05/O4/2006 Page 4 of 4
Prisons’ administered program known as the Inmate Financial Responsibility Program through
which the Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on
defendant’s behalf to the payment of the outstanding debt ordered.
9. The United States Attorney reserves the right to defend any ruling of the District
Court should there be an appeal from this case.
10. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the 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.
J ·r _ Esquire li Colm F. Connolly g §
·‘ I i endant United States Attomey
I i
.9 Q, .. hc; "A Aa-O"
Gwennette Bowman
Defendant
Dated:
AND NOW, this day of Zig): ` , 2006, the foregoing Memorandum
of Plea Agreement is hereb y this Court.
HONO%§LE JO§EPI—I§. FARNAN 5[
United s District Judge
District of Delaware
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