Free Plea Agreement - District Court of Delaware - Delaware

Case 1:06-cr-00029-JJF Document 14 7%}% Ogggq,1 r*H4~ da?
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. i Criminal Action No. 06-29-JJF
SILVIA LANDA-MARTINEZ, i
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attomeys, Colm F. Connolly, United States Attorney for the District of Delaware, and Adam
Safwat, Assistant United States Attorney, and Eleni Kousoulis, Esquire, attorney for the
defendant, SILVIA LANDA-MARTINEZ, the following agreement is hereby entered into by the
respective parties:
l. The defendant agrees to enter a guilty plea to the one count indictment charging
Reentry After Deportation, a violation of Title 8, United States Code, Section l326(a), which
carries a maximum penalty of two years incarceration, a $250,000 fine, one year of supervised
release, and a $l00 special assessment.
2. The elements of the offense of Reentry After Deportation, each of which the
government would have to prove beyond a reasonable doubt at trial, are: (i) the defendant is an
alien; (ii) the defendant was deported from the United States; (iii) after deportation, the defendant
was found in the United States; and (iv) the defendant retumed to the United States without the

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permission of either the Attorney General of the United States or the Undersecretary for Border
and Transportation Security, Department of Homeland Security.
3. The defendant knowingly, voluntarily and intelligently admits that she is a native
and citizen of Mexico, that she was deported from the United States on July 20, 2004, and that
she re-entered the United States in or around February 2005, without inspection by a U.S.
Immigration Officer. The defendant further admits that prior to her re-entry into the United
States, she did not apply for permission to re—enter from U.S. immigration authorities, and that
she was found in the State of Delaware on March 19, 2006.
4. The United States will recommend a two-level reduction in the offense level for
the charge above for the defendant’s affirmative acceptance of responsibility under Sentencing
Guideline § 3El . l. The United States makes this recommendation because the defendant has I
timely notified authorities of her intention to enter a plea of guilty, thereby permitting the United
States to avoid preparing for trial and permitting the Court to allocate its resources efficiently.
5. The defendant understands that at sentencing, the District Court must consider
the United States Sentencing Guidelines 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 Title 18, United States Code, Section 35 53(a). The defendant
further understands that the Government will likely recommend that the Court impose a sentence
consistent with the sentencing range set forth by the sentencing guidelines. The defendant
recognizes that the final detemiination of the defendant’s sentence will be made by the Court.
The defendant further understands that the Court is not bound by any stipulations or
recommendations of the parties. The defendant agrees that she will not be allowed to withdraw
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her guilty plea because the Court calculates the guidelines differently than she expects, or
imposes a sentence greater than what she expects, or imposes a sentence contrary to any
stipulation of the parties or recommendation of her attomey.
6. The defendant agrees to the special assessment of $100 at the time of sentencing.
7. If the Court sentences the defendant to a term of incarceration and orders the
payment of any special assessment or line as part of the def`endant’s sentence, 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 the defendant’s prison salary and apply it on the defendant’s behalf to the payment of
the outstanding debt ordered.
8. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. However, if the Court decides not to follow any stipulation or recommendation in
this Memorandum of Plea Agreement, or if the defendant does not receive the benetits she
expects from any such stipulation or recommendation, the defendant may not withdraw her guilty
plea.
9. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the undersigned parties; that this

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memorandum may be modified only in a written agreement executed by all the undersigned
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 committed to writing in the
manner so provided in this paragraph.
COLM F. CONNOLLY
United States Attomey
BY¤ 2;.. -..
Eleni Kousoulis, Esquire Adam Safwat
Attorney for Defendant, Assistant United States Attomey
Anemio Dias-Bravo
Silvia I-anda-Martinez
Defendant
Dated: May ll, 2006
=l= =l¢ >i¢ I
AND NOW this day of B Q; , 2006, the foregoing
Memorandum of Plea Agreement is hereb · (accepte (rejected) by the Court.
c `wa. . __•d '
THE .· to · 1- @ PHJ.F ·
UNI TATES DI RICT JUDGE
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