Free Plea Agreement - District Court of Delaware - Delaware

_ Q , s 1 : 8-cr-00066-JJF Document 12 O /O3/2008 jage 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, ;
v. g Criminal Action No. 08-66-JJF
JOSE ROLANDO MURCIA-GUTIERREZ, i
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Colm F. Connolly, United States Attorney for the District of Delaware, and Robert F. Kravetz,
Assistant United States Attorney, and the defendant, Jose Rolando Murcia-Gutierrez, 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 Counts One and Two of the Indictment.
a. Count One charges the defendant with illegal reentry following an order of
removal, in violation of 8 U.S.C. § 1326(a). The United States estimates, based upon information
known at the time of this agreement, that the maximum penalty for the offense is 2 years
imprisonment, a $250,000 fine, one year of supervised release, and a $100 special assessment. The
defendant understands that if it is determined that he has a prior aggravated felony conviction, his
maximum sentence could be up to 20 years imprisomnent, a $250,000 fine, three years supervised
release, and a $100 special assessment. The defendant further understands that if there were a trial,
the Government would have to prove beyond a reasonable doubt the following essential elements of

A Case 1:08-cr-00066-JJF Document 12 Filed 06/O3/2008 Page 2 of 4
the offense: (1) the defendant is an alien; (2) the defendant was removed from the United States; (3)
the defendant thereafter was found in the United States; (4) without having obtained permission
from the Attomey General or the Secretary of Homeland Security to reapply for admission to the
United States.
b. Count Two charges the defendant with possession of a counterfeit alien registration
receipt card, in violation of 18 U.S.C. § l546(a). The maximum penalty for the offense is 10 years
imprisonment, a $250,000 fine, three years of supervised release, and a $100 special assessment.
The defendant understands that if there were a trial, the Govermnent would have to prove beyond a
reasonable doubt the following essential elements of the offense: (1) the defendant knowingly
possessed an alien registration receipt card, (2) knowing that such alien registration receipt card was
forged, counterfeit, altered, or falsely made.
2. In connection with this Memorandum, the defendant admits the following with respect
to Counts One and Two of the Indictment:
a. As to Count One, the defendant admits that he is a citizen of El Salvador who
illegally reentered the United States after being deported from the United States on
October 7, 2003. The defendant further admits that he did not have permission
from the Attomey General or the Secretary of Homeland Security to reenter or to
reapply for admission to the United States.
b. As to Count Two, the defendant admits that: (1) on or about April 10, 2008, the
defendant was in possession of a counterfeit alien registration receipt card; and (2)
he knew that the card was not a valid card and that it had not been issued by the
United States Govermnent.
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3. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, Section 3553(a) in
determining an appropriate sentence. At this stage, the defendant should expect that the
Government will recommend that the Court impose a sentence consistent with the sentencing range
set forth by the sentencing guidelines. The defendant understands, however, that the ultimate
determination of an appropriate sentence will be up to the sentencing judge. The Court may impose
a sentence which exceeds, falls below, or is contained within the sentencing range prescribed by the
Sentencing Guidelines. The defendant expressly acknowledges that if the Court imposes a sentence
outside the range set forth in the sentencing guidelines, or otherwise different than the defendant
expected, or contrary to the recommendation of his attorney or the United States, the defendant will
not be allowed to withdraw his guilty plea on that basis.
4. Provided that the United States does not learn after the entry of the defendant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
States agrees to recommend a two-level reduction in the defendant’s Sentencing Guidelines range
pursuant to U.S.S.G. § 3El.l.
5. The defendant agrees to pay the $200 special assessment the day of sentencing. Should
he fail to do so, the defendant agrees to enter voluntarily into 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. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
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7. It is further agreed by the undersigned patties that this Memorandum supersedes all
prior promises, representations, and statements of the patties; that this Memorandum may be
modified only in a written document 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.
COLM F. CONNOLLY
United States Attorney
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ig& légg1;& lg .2%/5/
Eleni Kousoulis, Esquire Robert F. Kravetz y
Attorney for Defendant Assistant United States orney
50%* 020Inn Jo Mwevt ;v¢»`¢·wt!Z·
Jose Rolando Murcia-Gutierrez
Defendant
Dated: Jtme 3, 2008
AND NOW, this E day of • , 2008, the foregoing
Memorandum of Plea Agreement is hereb accepte (rpéqecfj by this Court.
’§/CU#vw»-
Hon. ph J. arn r.
` United tes District Judge
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