_ FOR THE DISTRICT OF DELAWARE
I UNITED STATES OF AMERICA, )
` )
)
v. ) Criminal Action No. 07-104-.IIF
PERCY A. SKINNER, i A I
_ Defendant. ) i
I MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Colm F. Connolly, United States Attorney for the District of Delaware, and Martin C. Meltzer,
I Special Assistant United States Attorney for the District of Delaware, and the defendant, Percy A. 1
Skinner, by and through his attorney, Edson A. Bostic, Esquire, the following agreement is hereby
entered into by the respective parties: . A
I. The defendant shall plead- guilty in the United States District Court for the District of
U Delaware to Count One of the Indictment, which charges him with being a prohibited person in
A possession of a firearm, in violation of IS U.S.C. §§ 922(g)(l), and 924 (a) (2) which carries a
( maximum sentence of a term of imprisonment often years, a fine of $250,000, or both, three years
i _ supervised release, and a $100 special assessment. A _
2. The defendant understands that if there were a trial, the Government wouldhave to prove
three elements ofthe offense- (1) that on or about I une 26, 2007, he knowingly possessed a firearm,
l lhat is, a Baretta, model 92FS, nine millimeter caliber luger semi—automatic pistol serial mnnber
BER2l208BZ; (2) he had previously been convicted of a crime punishable by more than one year’s
‘ » imprisonment on or about April 26, 2007; and (3) the firearm affected interstate commerce, that is,
that the firearm had previously crossed state lines. The defendant knowingly r
fact, commit the conduct alleged in Count I of the Indictment- i - I i A
‘ i I i I { NOV 2 7
A I I { tt ii ittiiiittiir .
L .» Case 1 :07-cr-00104-JJF Document 16 3 Filed 1 1/27/2007 Page 2 of 4 p
3. The defendant agrees to forfeit all interests in the firearm and ammunition involved in the
violation alleged in Count One ofthe Indictment, to wit, a Baretta, model 92FS, nine millimeter
caliber luger semi-automatic pistol serial number BER2l208BZ, and the ammunition constrained
within its loaded magazine seized from him by police on Jrme`26, 2007. The defendant further
agrees to waive all interest in any such asset in any administrative or judicial forfeiture proceeding,
whether criminal or civil, state or federal. The defendant agrees to consent to the entry of orders of
forfeiture for such property and waives the requirements of Federal Rules of Criminal Procedure 32 ;2
and 43(a) regarding notice of the forfeiture in the charging instrument, amiouncement of the
forfeiture at sentencing, and incorporation ofthe forfeiture in the judgment. Defendant acknowledges
that he understands that the forfeiture of assets is part of the sentence that may be imposed in this
. case and waives any failure by the court to advise him of this, pursuant to Rule ll(b)(1)(J), at the U
time his guilty plea is accepted. A
4. 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(ra) in determining an
appropriate sentence. At this stage (prior to the preparation ofthe pre—sentence report), the defendant
‘ should expect that the Government 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 ‘ 1
prescribed by the sentencing guidelines. The defendant expressly acknowledges that if the Court
G imposes a sentence outside the range set forth in the sentencing guidelines, or otherwise different
I than the defendant expected, or contrary to the recommendation of his attorney or the United States,
l the defendant will not be allowed to withdraw his guilty plea on that basis. 3 ~
e 5. Provided that the United States does not subsequently learn of conduct by the U T U
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` r _, Case 1 :07-cr-00104-JJF Document 16 Filed 1 1/27/2007 Page 3 of 4 I
defendant inconsistent with acceptance of responsibility, the United States agrees that in
consideration of the defendant’s timely guilty plea, a two—point reduction in the Offense Level for -
p the defendant’s affirmative acceptance of responsibility is appropriate, and the Government will
move for an additional one—point reduction, pursuant to Sentencing Guideline Section 3El.l. `
6. The defendant agrees to pay the $100 special assessment on or before the day of .
sentencing. Should he fail to do so, the Defendant agrees to voluntarily enter the United States
Bureau of Prisons’ administered program known as the Inmate Financial Responsibility Program
i 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.
7. The United States Attorney reserves the right to defend any ruling of the District Court
l _ should there be an appeal from this case. A —
8. It is further agreed by the undersigned parties that this Memorandum supersedes all A
_ 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,
. l and statements made prior to or after this Memorandum are null and void and have no effect
S whatsoever. ·
I I I I I COLM F. CONNO-LLY _ -
· United States Attorney .
By: ga- " .
_ Edson A. Bostic, Esquire Martin C. Meltzer
S Attorney for Defendant Special Assistant United States Attomey _
; U ` Dated: //g ··.~77éi7
. Percy A. S nner
Defendant _ ‘
. . ` j · 3 i
__ . J Case 1 :07-cr-00104-JJF Document 16 Filed 1 1/27/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
` )
D I .
_ »v. , ` ) Criminal Action No. 07-104-HF
)
PERCY A; SKINNER, )
-
Defendant. )
ORDER ‘ -
AND NOW, this day of J/L , 2007, the foregoing Memorandum
of Plea Agreement is hereby ) by this Cotut.
lr Z t
\ i.- {L,l4/wx,
.' · Hon ra le Jos ph LF an,Jr. ,
' Unit tates District Judge
4 ,
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