Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :O6—cr—OOO1 1-SLB Document 14 Filed O3/29/2006 Page 1 of 4 ·
U.S. Department of Justice
2 4
United States Attorney ’s Ojice
· ‘ District of Delaware
l Nemours Buit'n'ing (302) 573-62 77
_ 1007 Orange Street, Suite 700 FAX (302) 573-6220
`. . P. O. Box 204 6
l Wilmington, Delaware 19899-2046
· ‘ March 29, 2006
Hand Delivered l _
` Honorable Kent A. Jordan
United States District Court .
- J. Caleb Boggs Federal Building
844 King Street
. Wilmington, Delaware 19801
i _ Re: United States v. Carlos Javier Velasquez
- Criminal Action No. 06-11-KAJ
Dear Judge Jordan:
Enclosed please find a copy ofthe plea agreement which the parties will execute at the change
of plea hearing on Friday, April 7, 2006, at 9:30 a.m.
I I have filed a Substitution of Counsel f`or former AUSA Ferris Wharton, however, with the
_ Court’s permission the United States will be represented at the hearing by AUSA Leonard Stark.
- U Respectfully submitted,
_ ` COLM F. CONN LLY - .
Un States At ey A _
4 A B J, l s
Edmond Falgowski { ;
‘ Assistant United State Attorney p
. U pc: Eleni Kousoulis, Esquire C
` Leonard P. Stark, AUSA
Clerk, U.S. District Court _
EF:slb ` -
. Enclosure - `

Q Case 1:06-cr-00011-SLR Document 14 Filed O3/29/2006 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT I
_` FOR THE DISTRICT OF DELAWARE
p UNITED STATES OF AMERICA, )
U ‘ Plaintiff, g
I . v. ) Criminal Action No. 06-l 1-KA]
N ‘ CARLOS JAVIER VELASQUEZ, i
an l . Defendant. g
MEMORANDUM OF PLEA AGREEMENT
“ Pursuant to discussions between the United States of America, by and through its attorney,
Leonard P. Stark, Assistant United States Attorney for the District of Delaware, andthe defendant, .
l Carlos Javier Velasquez, by and through his attorney, Eleni Kousoulis, Esquire, the following
agreement is hereby entered into by the respective parties:
1. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One the Indictment, which charges him with Re-Entry After Deportation in
violation of 8 U.S.C. § 326(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,
i . 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

Case 1:06-cr-00011-SLR Document 14 Filed O3/29/2006 Page 3 of 4
S 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
l Mexico; (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 tmlawfully; and (5) neither the Attorney General, nor the l
p Undersecretary for Boarder and Transportation Security of the Department of Homeland Security
Q l had expressly consented to the defendant’s re-application for admission. if
4. The defendant recognizes that an advisory sentence will be determined pursuant to the
2 sentencing guidelines. He understands that the final determination ofthe sentencing guidelines will
be up to the sentencing judge. The United States represents to the defendant that based on the
I information available, the United States believes that his offense level (before acceptance of
responsibility) should be 8. See SG §§ 2Ll .2(a), and that it has no objection to a two-level reduction
I for acceptance of responsibilitybased 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 attomey, that he will not be allowed to withdraw his guilty plea. The defendant further
tmderstands 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’
lj administered program known as the Inmate Financial Responsibility Program through which the
2 .

A Case 1:06-cr-00011-SLR Document 14 Filed O3/29/2006 Page 4 of 4
` Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on defendant’s
T behalf to the payment of the outstanding debt ordered.
. 6. The United States Attorney reserves the right to defend any ruling of the District Court
l should there be an appeal from this case.
i - 7. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
n promises, representations, and statements of the parties; that this Memorandum may be modified
I only in writing signed by all the parties; and, that any and all promises, representations, and
_ statements made prior to or alter this Memorandum are null and void and have no effect whatsoever.
COLM F. CONNOLLY _
United States Attorney
.._ By¤.... . ..;
{ Eleni Kousoulis, Esquire Leonard F. Stark
` Attomey for Defendant Assistant United States Attorney
Carlos Javier Velasquez an
Defendant
_ Dated:
AND NOW, this day of , 2006, the foregoing}/iemoranduni
of P_lea Agreement is hereby (accepted) (rejected) by this Court.
_ I-IONORABLE KENT A. JORDAN
United States District Judge