Free Plea Agreement - District Court of Delaware - Delaware

g . Case 1:07-cr-00109-SLR Document 23 Filed 10/23/2007 P ge r of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. l Criminal Action No. 07-109-SLR
JAMES R. GORDON, i
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by Colm F. Connolly, United
States Attomey for the District of Delaware, and David L. Hall, Assistant United States Attomey for
the District of Delaware, and the defendant, James R. Gordon, by and through his attorney,
Christopher Koyste, Esquire, the following agreement is hereby entered into by the respective
parties:
l. The defendant agrees to waive indictment and enter a guilty plea to a one count
Information, charging distribution of a mixture and substance containing a detectable amount of
Oxycodone, a Schedule II controlled substance, in violation of Title 21, United States Code, Sections
84-l(a)(l) and 84l(b)(l)(C). The maximum penalty for the offense is 20 years imprisonment; a
$1,000,000 fine; three years to a lifetime term of supervised release following any term of
imprisonment; and a $100 special assessment.

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2. The defendant understands that if he were to proceed to trial on the Information, the
Government would have to prove each ofthe following elements ofthe offense beyond a reasonable
doubt: (1) that the defendant knowingly, (2) distributed, (3) a controlled substance (in this case, a
mixture and substance containing a detectable amount of Oxycodone, a Schedule II controlled
substance).
3. The defendant knowingly, voluntarily, and intelligently admits that on the following
dates, in the District of Delaware, he did knowingly distribute Oxycodone, a Schedule II controlled
substance, in the indicated amounts:
December l0, 2003 ......... 344 milligrams (actual);
February 9, 2004 ........... 312 milligrams (actual);
February 22, 2005 .......... 340 milligrams (actual).
Total ..................... 996 milligrams (actual).
4. Provided that the United States does not subsequently leam of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing
a two—level reduction for acceptance ofresponsibility under U.S.S.G. § 3El . l(a). Ifthe defendant’s
offense level is I6 or greater, the United States will move for an additional one point reduction,
pursuant to U.S.S.G. § 3El.l(a) and (b).
5. The United States concludes that the defendant has provided substantial assistance in the
investigation and prosecution of other person(s). Prior to sentencing the United States will file with
the Court a motion under Section 5Kl.l of the United States Sentencing Guidelinesf This motion
will permit, but not require, the Court to depart from the Sentencing Guidelines, and to impose a
sentence below that which would otherwise be called for by the Sentencing Guidelines. Nothing in
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any agreement between the United States and the defendant shall be interpreted in any way as to
make the defendant’s rights dependent upon or affected by the outcome of any matter, proceeding,
investigation, or case in which he may be called to testify or to provide information.
6. The defendant agrees to pay any special assessment at the time of sentencing. If the Court
orders the payment of any special assessment or fine as part of the defendant’s sentence, 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 the defendant’s prison salary and apply it on the defendant’s behalf to the
payment of the outstanding debt ordered.
7. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation ofthe pre-sentence report), the defendant
should expect that the Govemment will recommend that the Court impose a sentence consistent with
the sentencing range set forth by the sentencing guidelines. 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 attomey or the United States,
the defendant will not be allowed to withdraw his guilty plea on that basis.
8. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements ofthe undersigned parties; that this memorandum may be
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modified only in a written agreement executed by all the undersigned 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
A _, U `teg States Attorney
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By; lgt x ,i ut
Christopher Koyste, Esqui David L. " l
Attorn for Defe nt, , F Assistant U ited States = tomey
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mes R. Gordon
Defendant
AND NOW this GLM day of C , 2007, the foregoing Memorandum
of Plea Agreement is hereby rejected) by the Court.
United States Digrict Court
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