Free Plea Agreement - District Court of Delaware - Delaware


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Date: November 29, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cr-00058-JJF Document 10 Filed 08/Qwtgo Iggge %gf 3 _Y}_6M3
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IN THE UNITED STATES DISTRICT COURT I y
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. ) Criminal Action N0. 07-5 8-.lJF ,
VIN CENTE VH.LALOBOS—RODR1GUEZ, g
Defendant. g l
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by Colm F. Connolly, United
States Attorney for the District of Delaware, and Edmond Falgowski, Assistant United States Attorney
for the District of Delaware, and the defendant, Vincente Villalobos-Rodriguez, by and through his
attorney, Edson A. Bostic, Esquire, the following agreement is hereby entered into by the respective 1
parties:
1. The defendant agrees to plead guilty to Counts 2 and 3 ofthe Indictment. Count 2 charges
the defendant with falsely claiming U.S. citizenship in violation of Title 18, United States Code,
Section 91 1, which carries a maximum penalty of three years imprisonment, a $25 0,000 fine, one year
supervised release, and a $100 special assessment. Count 3 charges the defendant with aggravated
identity theft in violation of Title 18, United States Code, Section 1028A, which carries almaximum
U, M penalty of a mandatory two year term of incarceration, which must run consecutive to any term or
Q4, _ incarceration imposed on Countzone year term of supervised release, up to a $250,000 fine, and a
$100 special assessment.
2. The United States agrees to move at sentencing to dismiss th remain o_ t to ·
Indictment. it if
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·, . é, Case 1:07-cr-00058-JJF Document 10 Filed 08/22/2007 Page 2 of 3
3. The defendant understands that if there were a trial, the Government would have to prove i
the following elements with respect to Count 2 of the Indictment: (a) that the defendant represented
himself to be a citizen of the United States; and (b) that the defendant did so falsely and willfully, that
is, with an intent to violate the law. With respect to Count 3 ofthe Indictment, the Government would
have to prove the following elements: (a) that the defendant knowingly used, without lawful authority,
a means of identification of another person; and (b) the defendant did so in relation to a violation ofthe
I
false claim of citizenship statute, 18 U.S.C. § 911. i
4. The defendant admits that in committing Counts 2 and 3 of the Indictment the following
facts: (a) that on or about August 23, 2004, when applying for a job at Mountaire Poultry Plant in
Selbyville, Delaware, the defendant fraudulently used the name and Social Security number of a United
States citizen and submitted an immigration form I-9. ·
5. The defendant understands that the District Court must consider the United States :
Sentencing Guidelines and the factors set forth in 18 U.S.C. § 35 53(a) in determining an appropriate
sentence. At this stage (priorto the preparation ofthe pre—sentence report), the defendant should expect
that the Government will recommend that the Cotut 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 .
i 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. V
6. Provided that the United States Attorney does not subsequently learn of conduct by the - i
` defendant inconsistent with acceptance of responsibility, at sentencing, (a) the United States agrees not .
2 . , E
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», lg Case 1:07-cr—00058-JJF Document 10 Filed 08/22/2007 Page 3 of 3
to contest a reduction under USSG §3El .l(a) based on the defendant’s conduct to date; and (b) if the .
Court determines that the defendant’s offense level is 16 or higher, the United States agrees to move i
for a three level reduction under USSG §3El . l(b) based on the defendant’s conduct to date. .
7. The defendant agrees to pay the $200 special assessment at the time of sentencing. }
Should he fail to do so, the defendant agrees to voluntarily enter the United States Bureau of Prisons’ i
.
administered program known as the Inmate Financial Responsibility Program through which the Bureau A
of Prisons will collect a portion of the defendant’s prison salary and apply it on the defendant’s behalf
to the payment of the outstanding debt ordered. _
8. It is ftuther agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe imdersigned parties; that this Memorandum maybe 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. CONNO
- Unite ate tt ~/L
dson A. Bostic, Esquire Edmond Falgowski .
Attorney for Defendant Assistant United St tes Attorney
Vincente Villalobos-Rodriguez
Defendant
Dated: B " Lx F
AND NOW, this ih day of f , 2007, the foregoing Memorandum of
Plea Agreement is hereby ccepte by this Court.
xs}; A. ex {I 44;..,
i I-IONO LEJ SE J.FARNAN,J`R.
Chief U " =- States District Court Judge
3