Free Plea Agreement - District Court of Delaware - Delaware

· Case 1:06-cr-00011-SLR Document 15 Filed O4/07/2006 Page 1 of 3
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i O IN THE UNITED STATES DISTRICT COURT -
FOR THE DISTRICT DELAWARE
UNITED STATES OF AMERICA, ) I
Plaintiff, g k
v. g Criminal Action No. 06-l l—KAJ c
CARLOS JAVIER VELASQUEZ, ) I
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Leonard P. Stark, Assistant United States Attomey for the District of Delaware, and the defendant,
Carlos Javier Velasquez, by- and through his attorney, Eleni Kousoulis, Esquire, the following
agreement is hereby entered into bythe respective parties: A
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 Re—Entry After Deportation
in violation of 8 U.S.C. § l326(a), which carries a maximum sentence of a term of imprisonment
of two years, a fine of $250,000, or both, one year of supervised release, and a $100 special
assessment.
. 2. The defendant understands that if there were a trial, the Government would have to
prove, with respect to Re-Entry After Deportation that: (l) the defendant is an alien; (2) on or about
September 5, 1996, the defendant was deported and removed from the United States; (3) on or about
January 26, 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 Undersecretary for

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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 Honduras; (2) on or about September 5, 1996, he was deported and removed from the United
States at Houston, Texas; (3) on or about January 26, 2006, he was found in the United States; (4)
he was knowingly in the United States unlawfully; and (5) neither-the Attorney General, nor the
Undersecretary for Boarder and Transportation Security of the Department of Homeland Security
had expressly consented to the defendant’s re—app1ication for admission.
4. The defendant recognizes that an advisory sentence will be determined pursuant to
the sentencing guidelines. He understandsthat the final determination ofthe sentencing guidelines
will be up to the sentencing judge. The United States represents to the defendant that based on the
0 n information available, the United States believes that his offense level (before acceptance of
responsibility) should be 8. See SG § 2L1.2(a), and that it has no objection to a two—1evel reduction
l for acceptance of responsibility based on the defendant’ s conduct to date. 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 stipulation ofthe parties or recommendation
of his attorney, that he will not be allowed towithdraw his guilty plea. The defendant further
understands that, while the sentencing judge is not bound by the guidelines, the sentencing judge
must consult the guidelines and take them into account when imposing the defendant’s sentence.
_ 5. 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 n 0

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the Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on defenda.nt’s
behalf to the payment of the outstanding debt ordered.
e 6. The United States Attorney reserves the right to defend any ruling ofthe District `
Court should there be an appeal from this case.
7. It is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the 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.
n COLM F. CONNOLLY
United States Attorney A
Eleni Kousoulis, Esquire Leonard P. Stark
Attorney for Defendant Assistant United States Attorney
{bv -.. -

Carlos J ··’ AW? uez
Defendant r
Dated: L{ - 7 _O®
AND NOW, this Q day of 2 { , 2006, the foregoing
Memorandum of Plea Agreement is hereb rejected) by this I
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HO ORABLE KE A. J RDAN
United States Distri t I ge