Free Plea Agreement - District Court of Delaware - Delaware

` , ` _ Case 1:05-cr-00005—G|\/IS Document 16 Filed 08/23/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
I I FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) ·
)
Plaintiff, )
v. . Criminal Action No. 05-05-GMS
AUSTREBURTO.ZURITA—ESTRADA ) I
)
Defendant. )
MEMORANDUM OFVPLEA AGREEMENT
I Pursuant to discussions between the United States of America, by and through its attorney,
Ferris W. Wharton, Assistant United States Attorney for the.District of Delaware, and the
defendant, Austreburto Zurita-Estrada, by and through his attorney, Eleni Kousoulis, 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 I
of Delaware to Count One the Indictment, which charges him with Re-Entry After Deportation p
in violation of 8 U.S.C. §l326(a) and (b) (2), which carries a maximum maximum sentence
of a term of imprisonment of 20 years, a fine of $250,000, or both, three years of supervised
release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the Government would have to
prove, with respect to Re—Enrty After Deportation that: (1) the defendant is an alien; (2) on or
about May 21, 2002, the defendant was deported and removed from the United States
following his conviction for an aggravated felony; (3) on or about June 17, 2004, the defendant
was found in the United States; (4) the defendant was knowingly in the United States

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unlawfully; and (5) neither the Attomey General, nor the Undersecretary for Border and
Transportation Security of the Department of Homeland Security had expressly consented to
the defendant’s re-application for admission.
3. The defendant knowingly, voluntarily and intelligently admits that: (1) he is a citizen
of Mexico; (2) on or about May 21, 2002, he was deported and removed from the United States
at Laredo, Texas following conviction in the Superior Court of the State of Delaware in and
for New Castle County on the charge of possession with the intent to deliver cocaine; (3) on
or about June 17, 2004, he was found in the United States; (4) he was knowingly in the United
states unlawfully; and (5) neither the Undersecretary for Boarder and Transportation Security
of the Department of Homeland Security had expressly consented to the defendant’s re-
application for admission. I
4. The defendant recognizes that an advisory sentence will be determined pursuant to
the sentencing guidelines. He understands that the final determination of the sentencing
guidelines will be up to the sentencing judge. The United States represents to the defendant
that based on the information available, the United States believes that his offense level (before
acceptance of responsibility) should be 24. See SG §§ 2Ll.2(a) and (b)(l)(A) (Defendant
convicted of a drug trafficking offense for which the sentence imposed exceeded 13 months),
and that it has no objection to a three-level reduction for acceptance of responsibility based on
the defendant’s conduct to date. The defendant understands that the Court is not bound by any
stipulation between the parties, and that if the Court calculates the guidelines differently than
he expects, or contrary to any stipulation ofthe parties or recommendation of his attomey, that
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he will not be allowed to withdraw his guilty plea. The defendant further understands that,
while the sentencing judge is not bound by the guidelines, the sentencing judge must consult
the guidelines and take them into account when imposing the defendant’s sentence.
5. The defendant agrees to pay the $100 special assessment 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 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.
6. The United States Attorney reserves the right to defend any ruling of the District
Court should there be an appeal from this case.
7. It is further agreed by the undersigned parties that this Memorandum supersedes all
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, and statements made prior to or after this Memorandum are null and void and
have no effect whatsoever. A
COLM F. CONNOLLY
United States Attorney
BY: Q Z g
Eleni Kousoulis, Esquire Fe 's W. Wharton
Attorney for Defendant As stant United States Attomey
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Austreburto Zurita·Estrada,
Defendant _
Dated:
.
AND NOW, this 2 5 day of :/b , 2005, the foregoing
Memorandum of Plea Agreement is hereby (accepted) (rejected) by this Court.
United! States District Judge
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