Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00027-GIVIS Document 14 Filed 06/13/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. g Criminal Action No. 07-27-GMS
EULALIA AMPARO—PADILLA g
aka Juana SANTOS, )
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorneys, Shannon T. Hanson, Assistant United States Attorney, and Colm F. Connolly,
United States Attorney for the District of Delaware, and the defendant, Eulalia Amparo-
Padilla, aka Juana Santos, by and through her attorney, Eleni Kousoulis, Esquire, the
following agreement is hereby entered into by the respective parties:
l . The defendant shall plead guilty in the United States District Court for the District
of Delaware to Count One of the Indictment, which charges her with illegal re-entry after
deportation, in violation of8 U.S.C. §l326(a).
2. The defendant understands that the Government will seek to establish at
sentencing that, prior to her removal, she had been convicted of an aggravated felony,
pursuant to 8 U.S.C. §l326(b)(2), in which case, the maximum sentence for this offense
would be a term of imprisonment of twenty (20) years, a fine of $250,000, or both, three
years of supervised release, and a $100 special assessment.

— Case 1:07-cr-00027-GIVIS Document 14 Filed 06/13/2007 Page 2 of 4
N 3. The defendant understands that if there were a trial, the Govemment would have to
prove, with respect to the charge in the Indictment, Re-Entry After Deportation, that: (1) the
defendant is an alien; (2) on or about January 6, 1998, the defendant was deported and
removed from the United States; (3) on or about February 20, 2007, the defendant was found
in the United States; (4) the defendant was knowingly present in the United States, and (5)
neither the Attorney 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.
4. Provided that the United States does not subsequently leam of conduct by the
defendant inconsistent with acceptance of responsibility, the United States agrees that in
consideration ofthe defendant’s timely guilty plea, the Government will not oppose a three-
point reduction in the Offense Level for the defendant’s affirmative acceptance of
responsibility. The United States makes this recommendation because the defendant timely
has notified authorities of her intention to enter a plea of guilty, thereby permitting the
Government to avoid preparing for trial and permitting the Court to allocate its resources
efficiently.
5. The defendant understands that the Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining
an appropriate sentence. The defendant further understands that the govemment will
recommend that the Court impose a sentence consistent with the applicable sentencing range
2

’ Case 1:07-cr-00027-GIVIS Document 14 Filed 06/13/2007 Page 3 of 4
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 is within, or which exceeds or falls below 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 guidelines, or otherwise
different than the defendant expected, or contrary to the recommendation of her attomey or
the United States, the defendant will not be allowed to withdraw her guilty plea.
6. The defendant agrees to pay the $100 special assessment on the day of
sentencing. Should she fail to do so, the defendant agrees voluntarily to 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.
7. The United States Attomey reserves the right to defend any ruling ofthe District
Court should there be an appeal from this case.
I .l . . , gig Qi//3/VO;
. ,. . . . .7 i CK G-/3-O?
*‘= =‘=""""; ‘·i ;•• • ‘• • · ·••··••· *-e
I $7pl- 4, — is » E. 4
3

r Case 1:07-cr-00027-GIVIS Document 14 Filed 06/13/2007 Page 4 of 4
»Gi"`%‘2$. !‘9:*'T!-$··$ i` i"‘,¤‘=t |‘ |Z. .';‘ G` ` i•"A OG· G‘$
8. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements ofthe 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.
COLM F. CONNOLLY
United States Attorney
Eleni Kousoulis `~—;ShannonTl’. Hanson
Attomey for Defendant Assistant United States Attomey
Eulalia Amparo-Padilla
Defendant
Dated: Qwl 3,0*,
. +`” "`
AND NOW, this {1 day of J ‘-*-4*-L» , 2007, the foregoing
Memorandum of Plea Agreement is hereby (acged) (rejected) by this Court.?
Hon able regory M. Sleet
United States District Judge
F I L E D
JON l 3 ZOO?
4
us. msmncr counr
msrmcr or DELAWARE