Free Plea Agreement - District Court of Delaware - Delaware

Q Case 1 :06-cr-00134-GIVIS Document 11 Filed O1/31/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
v. )
) Criminal Action No. 06-134-KAJ
RICHARD DIAZ-GARCIA, )
Defendant )
)
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorney, Ilana H. Eisenstein, Assistant United States Attomey for the District of Delaware,
and the defendant, Richard Diaz—Garcia, by and through his attorney, Andrew J. Witherell,
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 him with illegal re-entry after
deportation, in violation of 8 U.S.C. § l326(a), which carries a maximum sentence of a term
of imprisonment of 2 years, a $250,000 fine, one year of supervised release, and a $100
special assessment.
2. The defendant understands that if there were a trial, the Govemment would have
to prove, with respect to Re-Entry After Deportation that: (I) the defendant is an alien; (2)
on or about May 3, 2004, the defendant was removed from the United States; (3) on or about
November I0, 2006, the defendant was found in the United States; (4) the defendant was
knowingly in the United States unlawfully; and (5) neither the Attorney General, nor the

i . Case 1:06-cr-00134-GIVIS Document 11 Filed O1/31/2007 Page 2 of 4
D 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 the Dominican Republic; (2) on or about May 3, 2004, he was removed from the
United States; (3) on or about November 10, 2006, he was found in the United States; (4) he
was knowingly in the United States 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.
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 of the defendant’s timely guilty plea, the Govemment will not oppose a two-
point reduction in the Offense Level for the defendant’s affirmative acceptance of
responsibility pursuant to United States Sentencing Guideline Section 3El . l.
5. The defendant understands that at sentencing the District Court must consider
the United States Sentencing Guidelines and take them into consideration in exercising his
discretion to determine the appropriate sentence and must also consider the other factors
bearing on an appropriate sentence pursuant to 18 U.S.C. § 3553(a). He understands that the
final determination of the sentencing guidelines will be up to the sentencing judge. 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
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~· 1 = Case 1:06-cr-00134-GIVIS Document 11 Filed O1/31/2007 Page 3 of 4
stipulation of the parties or recommendation of his attorney, that he will not be allowed to
withdraw his guilty plea.
6. 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.
7. The United States Attomey reserves the right to defend any ruling ofthe District
Court should there be an appeal from this case.
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 P. CONNOLLY
United States Attorney
if · J BY; /
rew Witherell, Esquire 1 Ilana H. Eisenstein
Attorn y for the Defendant Assistant United States Attomey
éiécé I2 Z Zi CE ff {-{E7
Richard Diaz-Garcia
Defendant
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Case 1:06-cr-00134-GIVIS Document 11 Filed O1/31/2007 Page 4 of 4
Dated:
. ‘F"" ra
AND NOW, this bt day of Q €’~\ - , 2007, the foregoing
Memorandum of Plea Agreement is hereby (accepted) this Court.
Honoragle Gregory M. Sleet 5
United States District Judge
F I L E D
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