Free Plea Agreement - District Court of Delaware - Delaware

l Case 1:05-cr-OOt)33-JJF Document 13 File; OSEC/Qgtf t>)%ffO 5
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
piaimarr, E
v. Criminal Action No. 05-33-JJF
EMILIO ZACARIAS-BAMACA,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attomey, Beth Moskow-Schnoll, Assistant United States Attorney for the District of Delaware,
and on behalf of and with the consent and knowledge of Colm F. Connolly, United States
Attorney for the District of Delaware, and the defendant, Emilio Zacarias—Bamaca, by and
through his attorney, Christopher Koyste, Esquire, the following agreement is hereby entered into
by the respective parties:
l. The defendant, Emilio Zacarias-Bamaca, agrees to plead guilty to Count One of
the Indictment charging him with re-entry after deportation in violation of Title 8, United States
Code, Section l326(a) which carries a maximum penalty of 2 years imprisonment, a $250,000
line, l year supervised release and a S 100 special assessment.
2. The defendant understands that if there were a trial, the government would have to
prove the following elements with respect to Count One of the Indictment: (a) the defendant
previously had been deported; (b) subsequent to his deportation, the defendant was found in the
United States; and (c) neither the Attorney General nor the Undersecretary for Border and

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Transportation Security, Department of Homeland Security had consented to the defendant’s
reentry.
3. The defendant knowingly, voluntarily, and intelligently admits the following facts:
(a) he is not a citizen of the United States; (b) on or about June 19, 2003, and on or about
September 24, 2003, he was deported from the United States; (c) he was found in the United
States on or about April 12, 2005; and (d) neither the Attomey General nor the Undersecretary
for Border and Transportation Security, Department of Homeland Security had consented to his
reentry into the United States.
4. The parties agree that, pursuant to U.S.S.G. § 2Ll .2(a), the defendant’s base
offense level is 8. The parties further agree that the defendant falls within Criminal History
Category 1. With two points off for acceptance of responsibility, the defendant’s offense level
would be 6 and his sentencing range would be 0-6 months imprisonment. 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
18 U.S.C. § 3553(a). The defendant further understands that the Government will recommend
that the Court impose a sentence consistent with the sentencing range set forth by the sentencing
guidelines. Finally, the defendant understands that the Court may reject the sentencing guideline
calculation contained in this paragraph and that such rejection will not provide a basis for the
defendant to attempt. to withdraw his guilty plea.
5. The defendant agrees to pay the $100 special assessment at the time of sentencing.
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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 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.
6. Provided that the United States Attomey does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, the United States agrees to a two-
level reduction under USSG §3E1 . l (a) based on the defendant’s conduct to date.
7. The parties reserve the right to defend the probation ofticer’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. The defendant understands and agrees that 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 benefits he expects from any such stipulation or recommendation, the defendant
may not withdraw his guilty plea.
8. The parties understand that the defendant will request that he be sentenced
immediately following entry and acceptance of his guilty plea. The United States does not object
to an immediate sentencing. The defendant understands and agrees that the decision whether to
sentence him immediately following entry and acceptance of the guilty plea is within the
exclusive discretion of the Court, and the Court’s decision not to sentence him immediately will
not provide a basis for him to attempt to withdraw his guilty plea. l
9. It is further agreed by the patties that this Memorandum supersedes all prior
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Case 1:05-cr-00033-JJF Document 13 Filed 06/30/2005 Page 4 of 4
promises, representations, and statements of the undersigned 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, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY
United States Attorney
E M! [ 2 5 Q K Om JM
ai -7 id BYI
Emilio carias-Bamaca Beth Moskow-Schnoll
Defer a / Assistant United States Attomey
7 · s z *
gw. er Koyste
Attomey for Defendant
Dated: June 30, 2005
AND NOW, thisQ,O day of _ it , 2005, the foregoing Memorandum of
Plea Agreement is hereby accepte y this Court.
HONQ§§L$ O H J. FARNAN,
Unite` tates District Court Judge
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