Free Admissions of Allegation - District Court of Arizona - Arizona


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Date: September 27, 2005
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State: Arizona
Category: District Court of Arizona
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l PAUL K. CHARLTON I
United States Attorney
2 District of Arizona
MARY SUE FELDMEIER
3 Assistant U.S. Attorney
405 West Congress Street, Suite 4800
4 Tucson, Arizona 85701-5040
Telephone: (520) 620-7300
5 ma1y.sue.feldmeier@usdoj . gov
6 Attorneys for Plaintiff
7 UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA
9 United States of America,
O Plaintiff, CR 00-1232-PHX-DCB (J CG)
-
v. REVOCATION DISPOSITION
I 1 AGREEMENT
12 Jorge Estrada-Alcaras,
13 Defendant.
14 _
15 The United States of America and the defendant agree to the following disposition of this
16 matter:
17 TERMS OF THE AGREEMENT
18 1. This is a revocation of:
(V ) supervised release
19
20 ( ) prvbativn as a5m%aeA
21 2. The defendant will admit to allegation (s) & in the Petition to Revokd This
A 22 is a Grade C violation. As a result, the defendant’s supervised release will be revoked. The
A 23 govemment agrees to dismiss at disposition any remaining allegations in the petition, if the
24 defendant is sentenced in accordance with this agreement.
25 3. The parties agree that the defendant will be sentenced to:
26 (v/{ months incarceration; OR
( ) a period of incarceration not to exceed the middle of the applicable
27 guideline range under U.S.S.G. § 7B1.4(a) (Revocation Table), and not
28 elow the minimum of that range; OR
Case 2:OO—cr—O1232-DCB Document 29 Filed O9/28/2005 Page 1 of 4

1 ( ) other (specify):
2 This sentence will be followed by:
3 ( ) an additional term of ____ months of supervised release
4 ( ) an additional term of supervised release to be determined by the court
5 ( V) No additional term of supervised release
6 If the defendant is sentenced to a term of probation or supervised release, the defendant
7 agrees to comply with the previously imposed conditions and any others the probation
8 department or court deems appropriate.
9 ( ) In addition, the following additional conditi0n(s) shall be imposed:
10
1 1
12
13 5. Consecutive! Concurrent sentences:
14 (V ) There is no agreement regarding consecutive or concurrent sentences
15 ( ) The issue is not applicable in this case
16 ( ’ Sffuii`t°£‘§§3J3%Li°§$l32H§$i‘$22E“§$2Ji.2ii§E°r3$Yi3Zth°l this S°“t°“°°
17 I
18 6. Statutory and Guideline Provisions:
19 a) U.S.S.G. § 7B1.4, the Terms of Imprisonment (Policy Statement) provides:
Revocation Table
20 (In months of imprisonment)
21 Grade of
22 Violation I II III I V VI
23 Grade C 3-9 4-10 5-11 7-13 8-14
24 Grade B 4-10 6-12 8-14 12-18 18-24 21-27
25 Grade A (1) Except as provided in subdivision (2) below:
26 12-18 15-21 18-24 24-30 30-37 33-41
27 g)a\?gl?§§gLct1;f`§§dant was on probation or supervised release as a result
Y
28 24-30 27-33 30-37 37-46 46-57 51-63
Case 2:OO—cr—O1232-DCB Document 29 Filed O9/28/2005 Page 2 of 4

l
b) Penalties applicable for defendant’s original offense:
3 l) Criminal History -
4 2) Guideline Range - Q, ‘ h/{ Q A
5 3) Statutory Maximum incarceration - 2 O
6 4) Maximum Supervised Release - Q5 L€%;.g gp
c) For probation violations, the defendant, upon revocation of probation, may be re-
7 sentenced to any term of imprisonment not to exceed statutory maximum of the
8 original offense of conviction. (18 U.S.C. § 3565 (a)(2))
d) For supervised release violations, the maximum imprisonment upon revocation
9 of supervised release (pursuant to 18 U.S.C. § 3583 (e)(3)) rs:
l0 ( ) Class A felony - 5 years
ll ( ) Class B felony - 3 years
l2 (@/ Class C or D felony - 2 years
13 ( ) Any other case - l year
l4 The maximum supervised release following any term of imprisonment upon
revocation of supervised release shall not exceed the maximum supervised release
15 for the underlyingloffense, less an term of imprisonment that was imposed upon
revocation. (18 .S.C. § 3883(h))!
16
17 7. Waiver of Appeal & Collateral Attacks - The defendant waives any and all motions,
18 defenses, probable cause determinations, and objections which the defendant could assert to the
19 information or indictment, or petition to revoke, or to the Court’s entry of judgment and
20 imposition of sentence upon the defendant, providing the sentence is consistent with this
21 agreement. The defendant ftnther waives: (1) any right to appeal the Courts entry of judgment
22 against defendant; (2) any right to appeal the imposition of sentence upon defendant; and (3) any
23 right to collaterally attack defendant’s conviction and sentence in a habeas petition under 28
24 U.S.C. § 2255 or motion under any other statute or rule. If the defendant files a notice of appeal
25 or any habeas petition, notwithstanding this agreement, the defendant agrees that, upon motion
26 of the govemment, this case shall be remanded to the district court to determine whether
27 defendant is in breach of this agreement and, if so, to permit the United States to withdraw from
28 this disposition agreement.
l
i
l
Case 2:OO—cr—O1232-DCB Document 29 Filed O9/28/2005 Page 3 of 4

· 1 8. The defendant understands the govermnent’s obligation to provide all information in its
2 file regarding the defendant to the United States Probation Office. The defendant fully
3 understands and agrees to cooperate fully with the United States Probation Office in providing
4 all information requested by the probation officer.
5 9. [understand all of the provisions of this agreement. This written disposition agreement
6 contains all the terms and conditions of my agreement, and any promises made by anyone
7 (including my attorney) that are not contained within this written agreement are without effect
8 and are void.
9 IL.! E _
Date rge strada—Alcaras
10 De endant
ll . . . .
12 10. I have discussed this case and the written agreement with my client in detail, and have
translated it for him if he does not speak English. No assurances, promises, or representations
13
have been given to me or my client by the government or by any of its representatives which are
14
15 not contained in this written agreement. I concur in the entry of the agreement as indicated
6 above and agree that the terms and conditions set forth in this agreement are in the best interests
1
of my client. _
1 8 Date ¥endi Castillo-Reina
19 Attorney for Defendant
20 1 1. I have reviewed this matter and the agreement. I agree on behalf ofthe United States that
21 the terms and conditions set forth are appropriate and are in the best interests of justice.
22
PAUL K. CHARLTON
23 United States Attomey
District of Arizona
24 ~._ [
25 C? -- /3* 6% i 14,3
Date Mary Su Fe e1er
26 Assist U.S. Attorney
. 27
28
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