Free Plea Agreement - District Court of Delaware - Delaware


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Date: June 13, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1 :08-cr—00049-GIVIS Document 20 Filed 06/12/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
v. Cr. A. N0. 08-49-GMS
PEDRO ATLATENCO-LUNA
MEMORANDUM OF PLEA AGREEl\
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attorney for the District of Delaware, and David L. Hall, Assistant
United States Attorney for the District of Delaware, and the defendant, Pedro Atlatenco-Luna, by
and through his attorney, Luis Ortiz, 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 a one count Information, waiving prosecution by indictment, charging him with
knowingly possessing a document prescribed by statute and regulations as evidence of authorized
stay or employment in the United States, to wit, a Resident Alien Card, which the defendant knew to
be counterfeit and falsely made, in violation of Title 18, United States Code, Section 1546(a) and 2.
The government agrees to dismiss the one count indictment charging a violation Title 18, United
States Code, Section l028(a) at or about the time of sentencing.
2. The maximum penalty for Count One of the Information is 10 years imprisonment,
three years supervised release, a $250,000.00 fine, and a $100.00 special assessment.
3. The essential elements of Count One of the Information, each of which the government
would have to prove beyond a reasonable doubt at trial, are: (1) the defendant knowingly possessed;
(2) a document prescribed by statute and regulations as evidence of authorized stay or employment

Case 1:08-cr—00049-GIVIS Document 20 Filed 06/12/2008 Page 2 of 3
in the United States, to wit, a Resident Alien Card; and (3) knowing that the document was
counterfeit or falsely made.
4. The defendant knowingly, voluntarily, and intelligently admits that on February 22,
2008, in the State and District of Delaware, he did knowingly possess a document prescribed by
statute and regulations as evidence of authorized stay or employment in the United States, to wit, a
Resident Alien Card, which the defendant knew to be counterfeit and falsely made, in violation of
Title 18, United States Code, Section l546(a) and 2.
5. The defendant understands that the District Court must consider the United States
Sentencing Guidelines andthe factors set forth in Title 18, United States Code, Section 3553(a) in
determining an appropriate sentence. At this stage (prior to the preparation of the pre-sentence
report), the defendant should expect that the Govemment 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 attomey or the United States, the defendant will not be allowed to withdraw his guilty plea on
that basis.
6. Provided that the United States does not leam 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 three—level reduction in the defendant’s sentencing guideline range
pursuant to U.S.S.G. § 3El.l.

Case 1:08-cr—00049-GIVIS Document 20 Filed 06/12/2008 Page 3 of 3
7. The defendant agrees to pay the $100 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 defendant’s prison salary and apply it on defendant’s
behalf to the payment of the outstanding debt ordered.
8. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
9. 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 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.
Q T iiii ;
‘ .... . r. ias
L s Ortiz, Esquire David L. Hall if ‘ ·
Attorney for Defe ant Assistant United States Attorney
/
Pedro atenco-Luna
Defendant
*‘\
Dated:(JV"`(, [ 7., 7*90}/
‘l`Li <·—
AND NOW, this [1* day of $2 LQ , 2008, the foregoing
Memorandum of Plea Agreement is hereby (accepted) ( ' this Courts g
27
F I L E D ·
Hon ble gory M. Sleet
Chief Judge
JUN l 2 2008
u.s. onsrmcr coum
orsrmcr OF DELAWARE

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