Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr-00031-JJF Document 45 Filed 09/28/2006 Page 1 of 4
M§.;;___ U.S. Department of Justice
United States Attorney ’s Ojice
· District 0fDelawt1re
Nemours Building (302) 5 73-6277
1007 Orange Street, Suite 700 FAX (302) 573-6220
P.O. Bax 2046
Wlmingtvn, Delaware 19899-2046
September 28, 2006
Honorable Joseph J. Farnan, Jr.
United States District Court
J. Caleb Boggs Federal Building
844 King Street
Wilmington, Delaware 19801
Re: United States v. Francisco Barrera-Lopez
Criminal Action N0. 06-31-JJF .
- Dear Judge Farnan:
The defendant is prepared to enter a guilty plea pursuant to the enclosed Memorandum of Plea n
Agreement. The parties request that the matter be scheduled for a change of plea hearing. Mr.
Ongay advises that he is unavailable for the hearing until Monday, October 16, 2006. .
Respectfully submitted,
. COLM F. COIQNOLLY
_ United States Atto y
. Bf: % `J
Edmond Falgowski
Assistant United States ttorney
_ ` pc: Jose Ongay, Esquire (via Telefax) I -
EF:slb
‘ Enclosure - -

Case_1 :06-cr-00031-JJF Document 45 Filed 09/28/2006 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AIVIERICA , ) -
Plaintiff] g
v. i Criminal Action No. 06-3 l-JIF
FRANCISCO BARRERA-LOPEZ, g
Defendant. g
I I MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Edmond Falgowski, Assistant United States Attorney for the District of Delaware, with the consent
and knowledge of Cohn F. Connolly, United States Attorney for the District of Delaware, and the
defendant, Francisco Barrera-Lopez, by and through his attorney, Jose Luis Ongay, Esquire, the
I following agreement is hereby entered into by the respective parties:
I l. The defendant shall waive indictment and enter aplea of guilty to a one count information,
I ‘ . charging conspiracy to distribute cocaine, a Schedule H controlled sub stance, in violation of Title 21,
I United States Code, Sections 84l(a)(l) a.nd(b)(l)(C), and 846, carrying the maximum penalty of
I twenty years incarceration, a $1,000,000 fine, a life term of supervised release with a minimum term
I of three years supervised release, and a $100 special assessment. At sentencing the United States
· will move to dismiss the Indictment as itrelates to and charges the defendant. I
_ 2. The elements of conspiracy to distribute cocaine are as follows:

Case 1 :06-cr-00031-JJF Document 45 Filed 09/28/2006 Page 3 of 4
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 learn alter 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.
§ 3El.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. § 3E1.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
Goverrnnent will ask the Court to calculate the appropriate sentence under the U.S.S.G. and likely
will ask the Court to impose a sentence consistent with the U.S.S.G. The defendant recognizes that
the Comt is not bound by the recommendations of the parties. I
5. The defendant agrees to pay the special assessment of $100 at the time of sentencing or,
if the Court orders a prison sentence, to voluntarily enter the United States Bureau of Prisons
. administered Financial Responsibility Program through which the Bureau of Prisons will collect a
_ portion ofthe defendant’s prison salary and apply it on the defendant’s behalf to the payment of any
outstanding debt ordered. E
· 6. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum may be modified r

_ Case 1:06-cr-00031-JJF Document 45 Filed 09/28/2006 Page 4 of 4
only in writing signed by all the panties; 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 Attomey
_...A....m By¤...A...A.A_;
Jose Luis Ongay, Esquire Edmond Falgowski
Attorney for Defendant Assistant United States Attorney
Francisco Barrera-Lopez
Defendant
Dated:
AND NOW, this day of , 2006, the foregoing
Memorandum of Plea Agreement is hereby (accepted) (rejected) by this Court.
Honorable Joseph J. Farnan
. United States District Court
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