Free Proposed Plea Agreement - District Court of Delaware - Delaware

- Case 1:06-cr-00011-SLR Document 11 Filed 03/17/2006 Page 1 of 4 p
`_ U.S. Department of Justice
_ United States Attorney ’s Ojice -
· District of Delaware
-. Nemours Building (3 02) 5 73-6277
1007 Orange Street, Suite 700 FAX(302) 5 73-6220
P. O. Box 2046
Hilmington, Delaware 19899-2046
March 17, 2006 _
U The Honorable Kent A. Jordan
United States District Court
844 King Street A
Wilmington, Delaware 19801
. . RE: United States v. Carlos Javier Velasquez
_ Criminal Action N0. 06-11-KAJ
Dear Judge Jordan:
This letter is to advise the Court that the government and the defendant, through defense
counsel, have reached an agreement under which the defendant will offer a guilty plea in the above
captioned case. The parties request that the Court schedule a date for a change of plea hearing. I
am enclosing an unexecuted copy ofthe Memorandum of Plea Agreement.
Please let me know if the Court requires any further information.
Respectfully submitted,
COLM F. CONNOLLY
. United States Attorney ·
By: /s/ Ferris W. Wharton
Ferris W. Wharton (lD# 945) _
_ Assistant United States Attorney
cc: Eleni Kousoulis, Esquire

Case 1:06-cr-00011-SLR Document 11 Filed 03/17/2006 Page 2 of 4 .
__ IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE i
UNITED STATES OF AMERICA, )
i )
‘ Plaintiff, )
v. ) Criminal Action No. 06-11-KA]
CARLOS J AVIER VELASQUEZ, g
Defendant. l
I MEMORANDUM OF PLEA AGREEMENT
i Pursuant to discussions between the United States of America, by and through its attomey,
Ferris W. Wharton, Assistant United States Attorney 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 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. §l326(a), which carries a maximum sentence of a term of imprisonment of 2
I years, a fine of $250,000, or both, one year of supervised release, and a $100 special assessment.
f 2. The defendant understands that if there were a trial, the Government would have to
prove, with respect to Re-Enrty After Deportation that: (1) the defendant is an alien; (2) on or
c about September 5, 1996, the defendant was deported and removed from the United States; (3)
U on or about January 26, 2006, the defendant was found in the United States; (4) the defendant
l was knowingly in the United States unlawfully; and (5) neither the Attorney General, nor the
Undersecretary for Border and Transportation Security of the Department of Homeland Security
_ had expressly consented to the defendant’s re-application for admission. I ‘

Case 1:06-cr-00011-SLR Document 11 Filed 03/17/2006 Page 3 of 4
3. The defendant knowingly, voluntarily and intelligently admits that: (1) he is a citizen of I
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 unlawfully; and (5) neither the Attorney General, nor the (
Undersecretary for Boarder and Transportation Security of the Department of Homeland Security
l had expressly consented to the defendant’s re—application for admission.
4. The defendant recognizes that an advisory sentence will be determined pursuant to the
sentencing guidelines. He understands that the final determination of the sentencing guidelines
will be up to the sentencing judge. The United States represents to the defendant that based on
the information available, the United States believes that his offense level (before acceptance of
responsibility) should be S. See SG §§ 2L1.2(a), and that it has no objection to a two-level
reduction 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 of
the parties or recommendation of his attomey, that he will not be allowed to withdraw 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. i
Q 5. The defendant agrees to pay the $100 special assessment the day of sentencing.
i 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

Case 1:06-cr-00011-SLR Document 11 Filed 03/17/2006 Page 4 of 4
which the Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on
defendant’s behalf to the payment of the outstanding debt ordered. i
6. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal Hom 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,
i and statements made prior to or after this Memorandum are null and void and have no effect
` whatsoever. I
J COLM F. CONNOLLY
United States Attorney
_ BY:
2 Eleni Kousoulis, Esquire Ferris W. Wharton ‘
Attorney for Defendant Assistant United States Attorney
Carlos Javier Velasquez,
E Defendant
Dated: I
_ AND NOW, this day of , 2006, the foregoing Memorandum
of Plea Agreement is hereby (accepted) (rejected) by this Cotut.
United States District Judge ‘
3