Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00100-GIVIS Document 19 Filed 06/16/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
v. Cr. A. N0. 07-100-GMS
JASON WESTLE
r
5*1*27% ;
a/k/-¤#a—neBs··
Defendant.
MEMORANDUM OF PLEA AGREEM
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attorney for the District of Delaware, and David L. Hall, Assistant
United States Attorney for the District of Delaware, and the defendant, Jason Westley, by and
through his attorney, Edson Bostic, 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 Count One ofthe Indictment, which charges him with knowing possession of a firearm
by a felon, in violation of Title 18, United States Code, Sections 922{g)(1) and 924(a)(2). The
government agrees to dismiss Counts Two through Five at sentencing.
2. The maximum penalty for Count One is ten years imprisonment, a $250,000.00 fine,
three years supervised release following any term of imprisonment, and a $100.00 special
assessment.
3. The essential elements of the Count One, each of which the government would have to
prove beyond a reasonable doubt at trial, are: (I) the defendant knowingly possessed a firearm, (ii)

Case 1 :07-cr—00100-GIVIS Document 19 Filed 06/16/2008 Page 2 of 4
the defendant, prior to the date of defendant’s possession of the firearm, was convicted of a crime
punishable by imprisonment for a term exceeding one year; and (iii) the firearm, prior to the date of
defendant’s possession of the firearm, traveled in interstate or foreign commerce.
4. The defendant knowingly, voluntarily, and intelligently admits that on lgaggl 2007 he gm
knowingly possessed in and affecting interstate commerce, a firearm,. that is, ag; caliber Iéiibiiixcs /(G/Og
semiautomatic handgun, serial number 4175693, after having been convicted on or about June 15,
2005, of a crime punishable by imprisonment for a term exceeding one year, in the Superior Court
for Kent County, Delaware.
5. 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. At this stage (prior to the preparation of the pre-sentence
report), the defendant should expect that the Government will recom mend 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 attorney or the United States, the defendant will not be allowed to withdraw his guilty plea on
that basis.
7. Based on the record as it exists on the date of this agreement, the government agrees that
there is a factual basis for and will not oppose defendant’s request for a downward departure for
2

Case 1 :07-cr—00100-GIVIS Document 19 Filed 06/16/2008 Page 3 of 4
diminished mental capacity pursuant to Sentencing Guidelines Section SK2. l 3, and therefore does
not oppose a sentence below the recommended Sentencing Guidelines range.
8. The defendant has advised the govemment of his intention to request time served at the
time of sentencing.
9. Provided that the United States does not learn after the entry of the defendant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
States agrees to recommend a three-level reduction in the defendant’:; sentencing guideline range
pursuant to U.S.S.G. § 3El.l.
10. 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 Prisons’
administered program known as the Imnate Financial Responsibility Program, 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.
ll. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
12. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
3

Case 1 :07-cr—00100-GIVIS Document 19 Filed 06/16/2008 Page 4 of 4
promises, representations, and statements of the parties; that this Memorandum may be 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.
\ jr E (
Edson Bostic, Esquire avid L. Hall S
Attorney for Defendant Assistant United States Attorney
Jason Wgéeylz
Defen ant
5
Dated: \} *~*’1 4. lie, 7/093/L`
l'. f'*
AND NOW, this day of Q1 {jj , 2008, the foregoing
Memorandum of Plea Agreement is hereby (accepted) < e yLt ` .
[ /
_ 4 *4v ·
* on wl le Gregory M. Sleet
Unite States District Judge
F I L E D
I JUN l 5 ZODB \
u.s. msrmcr coum
msmncr OF ¤ELAw/me
4