Free Plea Agreement - District Court of Delaware - Delaware

Case 1:O5figr<-fO0{35;Zl§AJ 0 Doc1imentj5 /Fi|7 O2/23/2006 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, i
v. ) Criminal Action N0. 05-35-KAJ
DAVID A. WILLIAMS, i
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Richard G. Andrews, First Assistant United States Attorney for the District of Delaware, and the
defendant, David A. Williams, by and through his attorney, Eleni Kousoulis, Esquire, the following
agreement is hereby entered into by the respective parties:
I. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with being a prohibited person in
possession of a Hrearm and am1nunition, in violation of 18 U.S.C. § 922(g)(l), which carries a
maximum sentence of a term of imprisonment often years, a fine of $250,000, or both, three years
supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the Government would have to prove
three elements of the offense — (1) that on or about August 8, 2004, he knowingly possessed a
firearm and ammunition; (2) that at the time he had previously been convicted of a crime punishable
by more than one year’s imprisonment, and (3) that the firearm and ammunition affected interstate
commerce, that is, that the firearm and ammunition had previously crossed state lines.
3. The defendant abandons any right, title and interest that he may have in the following
firearm: a Norinco 9 mm pistol, Model L2 l 3, the firearm having been seized by Philadelphia Policee
Officers on about August 8, 2004; agrees to execute all doctunents requested by the Government to

Case 1:05-cr-00035-KAJ Document 15 Filed O2/23/2006 Page 2 ot 3
effect his abandonment; and agrees that the Bureau of Alcohol, Tobacco, Firearms and Explosives
and/or Philadelphia Police Department may dispose of the firearms in whatever manner it deems
appropriate.
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. § 355 3(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. He understands that the final determination ofthe sentencing guidelines will
be up to the sentencing judge. The United States represents to the defendant that based on the timely
acceptance of this plea agreement, and other factors, that it will move for a three-level reduction for
acceptance of responsibility based on the defendant’s conduct to date. The defendant understands
that the Court is not bound by any stipulation between the parties, and that if the Court calculates the
guidelines differently than he expects, or contrary to any stipulation ofthe parties or recommendation
of his attorney, that he will not be allowed to withdraw his guilty plea.
5. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the Defendant agrees to voluntarily enter the United States Bureau of Priso_ns’
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.
6. The Government has represented to the Defendant that it believes that Sentencing
Guideline §5Gl .3(c) applies to his case, which means that the guidelines provide that the Court has
discretion to sentence the defendant to a consecutive, a partially concurrent, or a fully concurrent
sentence to the sentence he is already serving. The Government agrees to recommend a consecutive
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Case 1:05-cr-00035-KAJ Document 15 Filed O2/23/2006 Page 3 ot 3
sentence at the minimum ofthe sentencing guideline range. The Defendant understands that he can
ask for a lesser sentence. The Defendant understands that the Court is not bound by any of the
recommendations it receives, and, that if the Court sentences him to a greater sentence than he
expects, or to a greater sentence than his attomey or the Govemment recommends, he cannot
withdraw his guilty plea.
7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
8. 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.
COLM F. CONNOLLY
United States Attorney
r .· Q 'l
imnilémm, Qin By: an a MLM
Eleni Kousoulis, Esquire Richard G. drews
Attorney for Defendant First Assistan United States Attomey
David A. Williams
Defendant
Dated: Q,/Q3/Og,
_ `J _ -
AND NOW, this {QD/_day_of fj-{ g - , 2006, the foregoing Memorandum of
Plea Agreement is here@:cepm@rejected) by this ®
Honorable Ken v orda
United States District I . dge
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