Free Proposed Plea Agreement - District Court of Delaware - Delaware

` Case 1 :05-cr—00035-KAJ Document 13 Filed 02/17/2006 Page 1 of 4
U.S. Department of Justice
.:*iiiti§i-ie-EETR
United States Attorney ’s Ofice
District of Delaware
` Nemours Building (302} 573-6277
1007 Orange Street, Suite 700 FAX (302) 573-6220
P. O. Box 2046
Wilmington, Delaware 19899-2046
February 17, 2006.
The Honorable Kent A. Jordan
_ United States District Court .
J. Caleb Boggs Federal Building
844 King Street
Wilmington, Delaware 19801
Re: United States v. David A. Williams,
Criminal Action No. 05-35-KAJ
7 Dear Judge Jordan:
Enclosed please find a proposed plea agreement which the defendant has accepted. The
parties request that the Court schedule a Rule 11 proceeding at its earliest convenience. ‘
Respectfully submitted,
COLM F. CONNOLLY
United States Attorney
tl _
‘ BY: [Z
Richard G. Andrew
First Assistant U.S.’Attorney .
_ RGA:taj
Enclosure
cc: Eleni Kousoulis, Esquire -

an Case 1:05-cr-00035-KAJ Document 13 Filed 02/17/2006 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff )
v. ) Criminal Action No. 05-35-KAI
. DAVID A. WILLIAMS, )
Defendant. )
‘ 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
A defendant, David A. Williams, by and through his attorney, Eleni Kousoulis, 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 Count One of the Indictment, which charges him with being a prohibited person in
possession of a fireann and ammunition, in violation of 18 U.S.C. § 922(g)(l), which carries a
maximum sentence of a term of imprisonment of ten 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
cormnerce, 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: aNorinco 9 mm pistol, Model L21 3, the firearm having been seized by Philadelphia Policee
- Officers on about August 8, 2004; agrees to execute all documents requested by the Govemment to

I Case 1 :05-cr—00035-KAJ Document 13 Filed 02/17/2006 Page 3 ot 4
i effect his abandonment; and agrees that the Bureau of Alcohol, Tobacco, Firearms and Explosives
i 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 detennine the
appropriate sentence and must also consider the other factors bearing on an appropriate sentence
pursuant to 18 U.S.C. § 35 53(a). The defendant further understands that the Government will likely
5 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
I 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
i 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.
f 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 Pris0ns’
. administered program known as the Inmate Financial Responsibility Program through which the
i Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on defendant’s
I 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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A Case 1:05-cr-00035-KAJ Document 13 Filed 02/17/2006 Page 4 ot 4
_ 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 Government recommends, he camiot
. withdraw his guilty plea.
7. The United States Attomey reserves the right to defend any ruling of the District Court
` should there be an appeal from this case.
- 8. It is turther agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements of the parties; that this Memorandum may be modified
l 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
i By:
Eleni Kousoulis, Esquire Richard G. Andrews
_ Attorney for Defendant First Assistant United States Attomey
David A. Williams
I Defendant
i Dated:
AND NOW, this day of , 2006, the foregoing Memorandum of
Plea Agreement is hereby (accepted) (rejected) by this Court.
Honorable Kent A. Jordan
United States District Judge
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