Free Other Notice - District Court of Arizona - Arizona

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4 AFFIDAVIT
State of Illinois )
) ss.
‘ County of Cook ) '
JOSEPH R. LOPEZ, being first duly sworn upon his oath, hereby deposes and says: _
S l. That I represented Rafael Cruz-Ayon in United States v. Rafael Cruz-Ayon in the District
Court for the District of Arizona in CR-03-1096-PHX—SMl\/I.
2. That I negotiated the plea agreement in the United States District Court for the District
of Arizona. - I X C, _ , . _ _,
, 3. That I thoroughly discussed the facts ofthe case, which involved the possession with the
intent to distribute approximately four kilograms of methamphetamine. Additionally, I discussed
the plea agreement with Rafael Cruz-Ayon in detail and advised Rafael Cruz-Ayon of all matters _
within the scope of Fed. R. Crim. P. ll including the constitutional and other rights of an accused,
the factual basis for and the nature of the offense to which the guilty plea was entered, possible
defenses, and the consequences of the guilty plea. ‘
4. That no assurances, promises, or representations were given t or by the United States or by any of its representatives which were not contained in the written
agreement.
5. That I concurred that the entry of the plea on the terms and conditions set forth in the
written plea agreement was in the best interest of Rafael Cruz-Ayon and that Rafael Cruz-Ayon
entered the plea knowingly, voluntarily and not as a result of any force, threats or promises not
contained in the written plea agreement. _
6. That, based on my conversations with Rafael Cruz$Ayon, Rafael Cruz-Ayon understood
- and agreed that, pursuant to the written plea agreement in CR-O3-1096-PI-IX-Sl\/IM, he would be
held responsible for four kilograms of methamphetamine and that the issue of whether he would
receive an upward departure based on the loaded handgun located in close proximity of a large
quantity of methamphetamine would be decided by the Judge at sentencing. .
7. That, based on my conversations with Rafael Cruz-Ayon, Rafael Crus-Ayon understood
that he was waiving his right to appeal or collaterally attack his conviction or sentence as long as the
sentence was consistent with the terms of the plea agreement. J
8. That, based on my professional experience, the sentence the defendant received was
consistent with the tenns of the plea agreement ._._ ·' g
I l
Q Case 2:03-cr-01096—SIVIIVI Document 54-2 Filed 01/18/2006 iPage_1 of 1

Case 2:03-cr-01096-SMM

Document 54-2

Filed 01/18/2006

Page 1 of 1