Free Plea Agreement - District Court of Delaware - Delaware

‘ .. Case 1:06-cr-OOOS1»dJF Document 71 Filed 01Q;l8]7l22Lo{V_.·n _1CojL3r_ _(___ [MM`) {.8.%,..
V ‘ V F"/l
I:Q5Z.a£»'l
IN THE UNITED STATES DISTRICT COURT ‘
U
FOR THE DISTRICT OF DELAWARE Ci!
UNITED STATES OF AMERICA , )
_ Plaintiff; g
v_ g Criminal Action N0. 06-31-JIF
FRANCISCO BARRERA-LOPEZ, 3
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
l Pursuant to discussions between the United States of America, by and through its attomey,
Edmond Falgowski, Assistant United States Attorney for the District of Delaware, with the consent
‘ and knowledge of Colm F. Connolly, United States Attorney for the Distiict of Delaware, and the
defendant, Francisco Barrera—Lopez, by and through his attomey, Jose Luis Ongay, Esquire, the
following agreement is hereby entered intolby the respective parties:
p. 1 A . _ 1. The defendant shall waive indictment and enter a plea of guilty to a one count information,
_- ii _ l in to distribute cocaine, a Schedule H. controlled substance, in violationof Title 21, l
l A i_United States Code, Sections 84l(a)(l) and(b)(l)(C), and 846, canying the maximum penalty of
_ ` l years incarceration, a$l ,000,000 fine, a life temi of supervised release with a minimum term .
qa df three years supervised release,'and a $100 special assessment. At sentencing the United States
_ is I * will move to dismiss the Indictment as itrelates to and charges thedefendant.
, I . R l D :2. D The elementsiof conspiracy to distribute cocaine-are as follows:. D l
. I i—~—————————---- -- —— .

Case 1:06-cr-00031-JJF Document 71 Filed 01/18/2007 Page 2 of 3
a. that two or more persons conspired, or agreed, to commit the crime of
distribution of cocaine; and
b. that the defendant knowingly and voluntarily joined the conspiracy.
3. Provided that the United States does not leam after the defendant’s entry of a guilty plea
of conduct by the defendant inconsistent with acceptance of responsibility, the United States agrees
to recommend at sentencing a two-level reduction for acceptance of responsibility under U.S.S.G.
_§ $El.l(a). If the defendant’s offense level is 16 or greater, the United States will move for an
additional one point reduction, pursuant to U.S.S.G. § 3El.l(a) and (b).
4. The defendant understands that at sentencing the District Court must consult the United
States Sentencing Guidelines ("U..S.S.G.") and take them into account in exercising its 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). The defendant further understands that the_
` Govemment will ask the Court to calculate the appropriate sentence under the U.S.S.G. and likely
p will ask the Court to impose a sentence consistent with the U.S.S.G. The defendant recognizes that
the Court is not bound by the recommendations of the parties.
` »5. The defendant agrees to pay the special assessment of $100 at the time of sentencing or,
1 " I the_Court orders a prison sentence, to voluntarily enter the United States Bureau of Prisons
in l. · administered Financial Responsibility Program through which the Bureau of Prisons will collect a `
y » portion ofthe defendant’s prison salary and apply it on the defendant’s behalf to the payment of any V
l i‘ _ outstanding debt ordered. T p C
S l . l 6. . It is further bythe parties that this Memorandum supersedes all prior promises,
S i _ .. - represerrtatiorrs, and statements of the undersigned. parties; that this Memorandum may be modified V V

_ Case 1 :06-cr-00031-JJF Document 71 Filed 01/18/2007 Page 3 of 3
t t t 3 i
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 compoit with the subsequent written modification requirements of this paragraph.
COLM F. CONNOLLX
` United States Attom y / /7
f • {J- / · --;_| { ,'{_,» II-x ·’
' _ I °\._ ‘ \ "H l yi
A .:4.09 \..¤L$n.. B` · 1 \‘ ‘··· ¤ -’
J ¤§ Luis Ongay, (md Fglggvg/S ‘
A ~ mey for Defe = Assistant United ates Attomey
r XEKANMCQ E;tR’i Francisco Ba1rera—Lopez
Defendant
Dated: \\l2`Oq'
I JM J »
_ AND NOW, this % day of 'MUR A 200é the foregoing
Memorandum of Plea Agreement is hereb K r . by this Court.
,
Honor _ le Jose J. an ‘,j'YL _
_ _ , - _ 1Unitedigta¢{es District Court