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 i
v. ) Criminal Action No. 07-106 JJF
DAYWON DRUMMOND, i
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomcys, Colm
F. Connolly, United States Attomey for the District of Delaware, and Edmond Falgowski, Assistant
United States Attomey for the District of Delaware, andthe defendant, Daywon Drummond, by and
through his attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered into by the
respective parties:
I. The defendant shall enter a guilty plea to the one count Indictment, charging Possession of
a Firearm by a Felon, in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2),
carrying the maximum penalty of ten years incarceration, a $250,000 fine, three years supervised
release, and a S 100 special assessment.
2. The elements of Possession of a Firearm by a Felon are as follows:
a. The defendant possessed a firearm;
b. The defendant's possession was knowing;
c. At the time of the defendant's possession, the firearm had -i-nterstate .-
commerce, and; F I §_
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Case 1:07-cr-00106-JJF Document 47 Filed O4/25/2008 Page 2 of 3
d. At the time of the defendant's possession he was a convicted felon.
3. Provided that the United States does not leam after the defendant’s entry of a guilty plea of
conduct by the defendant inconsistent with acceptance of responsibility, the United States agrees to
recommend at sentencing a two-level reduction for acceptance of responsibility under U.S.S.G.
§ 3El.l(a). If the defendant’s offense level is 16 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3El .l(a) and (b).
4. The defendant agrees to forfeit to the United States any interest he may have in the Crescent
Firearms Company shotgun referenced in the Indictment.
5. The defendant understands that the District Court must consider the United States Sentencing
Guidelines and the factors set forth in 18 U.S.C. § 3553(a) in determining an appropriate sentence.
Based on the Psycho-forensic Evaluation, dated April 21,2008, and made available the United States
by the defendant, and provided that the Government does not leam of information inconsistent with that
evaluation, the United States agrees it will not oppose a request by the defendant for a departure from
the applicable Guidelines range to a non-custodial sentence, based on diminished capacity, U.S.S.G.
§ 5K2.l3, and based on a "heartland" departure, §5K2.0. 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 Cou.rt
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.
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Case 1:07-cr-00106-JJF Document 47 Filed O4/25/2008 Page 3 of 3
6. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe modified or11y
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, unless they comport
with the subsequent written modification requirements of this paragraph.
COLM F. CONNOL/”
Uni tates Atto ; r q
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* By: ' A l ‘ A
uis A. Ortiz, Esquire Edmond Falgo i V
Attorney for Defendant J Assistant Unit • tates Attorney
Daywon Drummond
Defendant
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Dated: tf "bg C) O
AND NOW, this ,5 day of , 2008, the foregoing Memorandum
of Plea Agreement is hereby cepted @$1g) by this Court.
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Honora osep J. an, Jr. _'
United ‘ ·· District Court
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