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, g i
v. g Criminal Action No. 05-36-1-JJF
ROBERT COOKE, i
Defendant. 3
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 the defendant, Robert
Cooke, by and through his attorney, Edward C. Gill, 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 Two and Seven of the Indictment. Count Two charges the defendant with
possession with intent to distribute marijuana, in violation of2l U.S.C. § 84l(a)(l) and
(b)(l)(D). The maximum sentence the defendant could receive for Count Two is five years
imprisonment, a fine of $250,000, three years of supervised release, and a $100 special
assessment. Count Seven charges the defendant with offering for sale drug paraphernalia, in
violation of 21 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 $ IOO
special assessment.

Case 1:05-cr-00036-JJF Document 71 Filed 06/26/2006 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 Two ofthe Indictment: (1) that on or
about March 16, 2005, the defendant possessed with intent to distribute 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 I6, 2005, the defendant offered for sale drug paraphemalia;
and (2) that the defendant acted knowingly.
3. The defendant admits with respect to Count Two that on March 16, 2005, he
purchased from an individual acting as a law enforcement informant and then possessed with an
intent to distribute in part approximately l0 pounds of marijuana. With respect to Count Seven
the defendant admits that he and Gwennette Bowman were partners in a business known as
Teragwen’s Leather Toys and Lace, located at IO44 South DuPont Highway, Dover Delaware.
He further admits that on March 16, 2005 and previously, he and Bowman offered for sale drug
paraphemalia, including bongs, assorted pipes, smoking masks, roach clips, digital scales, and
urine cleansing kits.
4. The defendant abandons any right, title, and interest that he 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 government to effect his abandonment; and agrees that the
Delaware State Police may dispose ofthe drug paraphernalia in whatever manner it deems
appropriate.
5. The United States represents to the defendant that based on the information
available, the United States believes that the amount of marijuana reasonably attributable to the
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Case 1:05-cr-00036-JJF Document 71 Filed 06/26/2006 Page 3 of 4
defendant for sentencing purposes under U.S.S.G. §2Dl.l is at least 15 but less than 20
kilograms.
6. The United States agrees that for sentencing purposes Counts Two and Seven are
"closely related" as defined by U.S.S.G. §3Dl .2.
7. 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
three-level reduction under U.S.S.G. §3El.l(b), and will so move the District Court at
sentencing.
8. 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. The defendant recognizes 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 contrary to any stipulation of the parties or recommendation of his attorney.
9. The defendant agrees to pay the $200 special assessment on the day of sentencing.
Should he 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 defendant’s prison salary and apply it on
defendant’s behalf to the payment of the outstanding debt ordered.
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t Case 1:05-cr-00036-JJF Document 71 Filed 06/26/2006 Page 4 of 4
l0. The United States Attomey reserves the right to defend any ruling of the District
Court should there be an appeal from this case.
11. 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 a written document 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.
[ `/erik ( ag g 2
Edward C. Gill, Esquire Colm F. Co nolly
Atto r Defend 7 United States Atto y
‘ Mg!
Robert Cooke
Defendant
Dated;
AND NOW, this day of 2006, the foregoing Memorandum
of Plea Agreement is hereby ( by this Court.
HON • · BL JOSEP .FAPcNAN
Unite —S M tes District Judge
District of Delaware
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