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, 3
vs. ) Criminal Action No. 07-111—JJF
KWAN MILLER, a/k/a )
KENNETH MILLER )
Defendant. )
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 Robert F. Kravetz,
Assistant United States Attomey, and the defendant, Kwan Miller, by and through his attorney, Keir
Bradford, Esquire, the following agreement is hereby entered into by the respective parties:
1. The defendant shall plead guilty in the United States District Court for the District of
Delaware to a one-count Information, which charges him with possession of cocaine base in
violation of Title 21, United States Code, Section 844(a). The penalties for Count One are a
I minimum term of imprisonment of at least 90 days up to three years imprisomnent; a fine of at least f
$5,000 up to a fine of $250,000; one year supervised release; and a $100 special assessment. The
parties stipulate that there has been no cost to the govemment in investigating and prosecuting this
particular offense, and that the defendant is not subject to a further fine on that basis.
2. The defendant understands that if there were a trial, the Government would have to
prove the following elements with respect to Count One of the Information: (1) that the defendant
knowingly or intentionally, (2) possessed, (3) a controlled substance (4) containing a mixture or
substance containing cocaine base. In connection with this Memorandum, the defendant admits

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that, on or about July 18, 2007, he knowingly and intentionally possessed cocaine base at his
residence at 3000 N. Madison St. in Wilmington, Delaware.
3. The Government agrees to dismiss, at or about the time of sentencing, Counts One and
Two of the Indictment in Criminal No. 07-1 1 1-J JF, each of which charges the defendant with
possession of a firearm by a person prohibited, in violation of Title 18, United States Code, Sections
922(g)(1) and 924(a)(2).
4. The Delaware Department of Correction, Office of Probation and Parole, has
represented to the United States and to the defendant that, at or about the time of sentencing in this
matter, it will dismiss the violation of probation petition filed in the Superior Court in and for New
Castle County, in the State of Delaware (Case. No. 0411008124).
5. The defendant firrther acknowledges that he has reviewed the information filed by the
United States Attorney setting forth prior drug, narcotic, or chemicals offenses committed by the
defendant. The defendant affirms that he was convicted:
a. on January 25, 2005, of a felony drug offense in Superior Court in and for New
Castle County, to wit, possession with intent to deliver a schedule H narcotic controlled
substance; and . .
b. on November 14, 2001, of a felony drug offense in Superior Court in and for New
Castle County, to wit, distribution, delivery, or possession of a controlled substance
within 300 feet of a park.
6. Provided that the United States does not learn after the entry ofthe defendant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
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States agrees to recommend a two-level reduction in the defendant’s Sentencing Guidelines range
pursuant to U.S.S.G. § 3E1.1.
7. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, Section 3553(a) in
determining an appropriate sentence. The United States will not oppose the defendant’s request for
a sentence of time-served, which is a sentence within the applicable Guidelines range. The
defendant understands, however, that the ultimate determination of an appropriate sentence will be
up to the sentencing judge. The Court may impose a sentence which exceeds, falls below, or is
contained within the sentencing range prescribed by the Sentencing Guidelines. The defendant
expressly acknowledges that if the Court imposes a sentence outside the range set forth in the
sentencing guidelines, or otherwise different than the defendant expected, or contrary to the
recommendation of his attorney or the United States, the defendant will not be allowed to withdraw
his guilty plea on that basis.
8. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the defendant agrees to enter voluntarily into the United States Bureau of PITSOHS,
administered program known. as the Imnate Financial Responsibility Program, through which the
Bureau of Prisons will collect a portion ofthe defendant’s prison salary and apply it on the
defendant’s behalf to the payment of the outstanding debt ordered.
9. The United States Attomey 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
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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.
COLM F. CONNOLLY
United States Attorney
Keir Bradford, Esquire By: Robert F. Kravetz
Attorney for Defendant Assistant United States Attorne
C! J ZZ
Kwan Miller
Defendant
Dated: éh/J6 200 L)
AND NOW, this /1- day of · = 2008, the foregoing
Memorandum of Plea Agreement is hereby ( ccepted (r®Q§t@§ by this Court.
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Hon. eph • F , Jr. f
Unit tates District Judge
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