Free Proposed Plea Agreement - District Court of Delaware - Delaware

I Case 1 :06-po—00002-IVI PT Document 7 Filed 11/17/2006 Page 1 of 3
U.S. Department of Justice
_ United States Attorney ’s Ojjice
District of Delaware 7
Nemours Building (302) 573-6277
1007 M Orange Street, Suite 700 FAX ( 302) 5 73-6220
FC O. Box 2046
` Wilmington, Delaware 19899-2046
November 17, 2006
The Honorable Mary Pat Thynge
U.S. District Magistrate Judge
U.S. District Court
. ‘ 844 King Street
Wilmington, DE l980l
Re: United States v. Jose Curiel-Estrada
Criminal Action N0. 06—02PO—MPT c
Dear Judge Thynge: _
Eleni Kousoulis, counsel for the defendant, has informed me that the defendant accepts
the Govemment’s plea offer. Therefore, the parties respectfully request that the Court schedule a
change of plea hearing. A copy of the proposed Memorandum of Plea Agreement is attached.
‘ _ Respectfully submitted,
` ‘ COLM F. CONNOLLY A
_ Unit d States Attorney
f/Qiqm MMM
Beth Moskow-Schnoll ‘ Q
Assistant United States Attorney .

I Case 1 :06-po—00002-IVI PT Document 7 Filed 11/17/2006 Page 2 of 3
-_ IN THE UNITED STATES DISTRICT COURT
‘ FOR THE DISTRICT OF DELAWARE
I UNITED STATES OF AMERICA, :
Plaintiff,
v. I Criminal Action No. 06-02PO»MPT
JOSE CURIELESTRADA,
Defendant.
‘ MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorney, Beth Moskow-Schnoll, Assistant United States Attorney for the District of Delaware,
and on behalf of and with the consent and knowledge of Cohn F. Connolly, United States
Attorney for the District of Delaware, and the defendant, Jose Curiel-Estrada, by and through his
attorney, Eleni Kousoulis, Esquire, the following agreement is hereby entered into by the respec-
tive parties:
l. The defendant, Jose Curiel—Estrada, agrees to plead guilty to Count One of the
Information charging him with a violation of Title 8, United States Code, Section l325(a)(1),
entering without inspection. This violation carries a maximum penalty of imprisomnent for not
I more than six months, a $5,000 fine, and a $10.00 special assessment.
I 2. The defendant agrees to pay the $10 special assessment at the time of sentencing.
l 3. The defendant understands that if he were to proceed to trial on Count One of
the Infonnation, the Government would have to prove each of the following elements of that i
I offense beyond a reasonable doubt: (a) at the time charged in the Information, the defendant was ·
an alien; and (b) the defendant knowingly entered the United States (c) at a time or place other

Case 1 :06-po—00002-IVI PT Document 7 Filed 11/17/2006 Page 3 of 3
than as designated by immigration officers.
‘ 4. The defendant knowingly, voluntarily, and intelligently admits that: (a) he is a
citizen of Mexico; and (b) in 2002, he entered the United States from Mexico at a point near
Nogales, Arizona, without inspection by immigration officials.
5. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements of the undersigned 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, unless they comport with the subsequent written modification requirements of this
paragraph.
COLM F. CONNOLLY
United States Attorney
l l _______ BY:
Jose Curiel-Estrada Beth Moskow—Schnoll
Defendant _ Assistant United States Attorney
. Eleni Kousoulis -
Attorney for Defendant
_ Dated: n
AND NOW, this _____ day of , 2006, the foregoing Memorandum of
I Plea Agreement is hereby (accepted) (rejected) by this Court. I I A
I _ Honorable Mary Pat Thynge .
_ United States Magistrate Judge