Free Plea Agreement - District Court of Delaware - Delaware

, ° I ‘ Case 1 :06-cr-00031-JJF Document 103 Filed 04/02/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA , )
Plaintiff, g
v. i Criminal Action No. 06-3 1-02-JJ F
SALVADOR MARTINEZ-TORRES, i _
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Edmond Falgowski, Assistant Unitd States Attomey for the District of Delaware, with the consent
and knowledge of Colm F. Connolly, United States Attomey for the District of Delaware, and the
defendant, Salvador Martinez—To1res, by and through his attomey, Edson A. Bostic, Esquire, the
following agreement is hereby entered into by the respective parties:
1 . The defendant shall waive indictment and enter a plea of guilty to a one count information,
charging conspiracy to distribute cocaine, a Schedule H controlled substance, in violation of Title 21,
United States Code, Sections 84l(a)(1) and(b)(l)(C), and 846, carrying the maximum penalty of
twenty years incarceration, a $1,000,000 fine, a life term of supervised release with a minimum term
of three years supeivised release, and a $100 special assessment. At sentencing the United States
will move to dismiss the Indictment as it relates to and charges the defendant. ____ ,
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2. The elements of conspiracy to distribute cocaine are as follows:
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. · Case 1:06-cr-00031-JJF Document 103 Filed O4/O2/2008 Page 2 of 3
a. that two or more persons conspired, or agreed, to commit the crime of
distribution of cocaine; and
b. that the defendant knowingly and voluntarily joined the conspiracy.
3. Provided that the United States does not learn alter 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 Unites States agrees to recommend time served at sentencing. The defendant
understands that this recommendation is not binding on the Court and that the Court must consider
the United States Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 355 3(a) in
determining an appropriate sentence. 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.
5. The defendant agrees to pay the special assessment of $ 100 at the time of sentencing or,
if the Court orders a prison sentence, to voluntarily enter the United States Bureau of Prisons
administered 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 any
outstanding debt ordered.
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. ‘ a ‘ Case 1:06-cr-00031-JJF Document 103 Filed O4/O2/2008 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 may be modified
only 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 I
United Sta · ttom
. {oi ,
Edson A. Bostic, Esquire Edmond iw. i
Attorney for Defendant Assistant Unit States Attomey

Salvador Martinez-Torres
Defendant
Dated:`{ . L { 6 %
AND NOW, this ..3.. day of ·.•9...4 O 2008, the foregoing
Memorandum of Plea Agreement is hereby accepted ( by this Court.
@9%% ,.a.
Honor le Joseph I. Farnan ` -
United States District Court
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