Case 1:08-crâ€”00048-GIVIS Document 13 Filed 06/13/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Criminal Action No. 08-48-GMS
MEMORANDUM OF PLEA AGREEM
Pursuant to discussions between the United States of America, by and through its attorney,
Colm F. Connolly, United States Attomey for the District of Delaware, and Shawn A. Weede,
Assistant United States Attorney for the District of Delaware, and the defendant, Efrain Mejiaâ€”
Flores, by and through his attorney, Eleni Kousoulis, Esquire, the following agreement is hereby
entered into by the respective parties:
l. The defendant, Efrain Mejia-Flores, agrees to plead guilty to Count One of the
Indictment charging him with reentry after deportation in violation of Title 8, United States Code,
Section l326(a). The United States estimates, based upon information known at the time of this
agreement, that this offense carries a maximum penalty of imprisonment of not more than l0 years,
a $250,000 fine, or both, three years 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 imprisonment, a $250,000 fine, three years supervised
release, and a $100 special assessment.
2. The defendant understands that the elements of the offense to which he is
Case 1 :08-crâ€”00048-GIVIS Document 13 Filed 06/13/2008 Page 2 of 4
pleading guilty are that: (a) the defendant is an alien; (b) the defendant was deported or removed
from the United States; (c) subsequent to his deportation or removal, the defendant was found in the
United States; (d) the defendant was knowingly present in the United States; and (e) neither the
Attorney General of the United States, nor the Undersecretary in Border and Transportation
Security, Department of Homeland Security, had consented to the defendantâ€™s reentry. The
defendant knowingly, intelligently, and voluntarily admits his guilt to each of the above described
elements of Count One of the Indictment.
3. The defendant agrees to pay the $100 special assessment at the time of sentencing.
Should the defendant fail to do so, the defendant agrees to voluntarily enter the United States Bureau
of Prisonsâ€™ administered program known as the Inmate Financial Responsibility Program through
which the Bureau of Prisons will collect a portion of the defendantâ€™s prison salary and apply it on
the defendantâ€™s behalf to the payment of any outstanding debt ordered.
4. Provided that the United States Attorney does not subsequently learn of conduct by
the defendant inconsistent with acceptance of responsibility, the United States agrees to a two-level
reduction under U.S.S.G. Â§ 3El.l(a) based on the defendantâ€™s conduct to date. Further, if it is
determined that the defendantâ€™s Offense Level, prior to the application of the aforementioned two-
level reduction, is Level 16 or greater, the government agrees to move for the reduction of the
Offense Level by one additional level, pursuant to Sentencing Guideline Section 3El .l(b), for a total
reduction of three points.
5. The United States explicitly retains the right to make whatever recommendations at
the time of sentencing that it believes are appropriate and to defend the rulings of the sentencing
court upon appeal.
Case 1 :08-crâ€”00048-GIVIS Document 13 Filed 06/13/2008 Page 3 of 4
6. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. lt is likely 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 that is within, or which exceeds or falls below
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.
Case 1 :08-crâ€”00048-GIVIS Document 13 Filed 06/13/2008 Page 4 of 4
7. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements ofthe 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
I i . ` /`
Cgi,/rw B ; .
Eleni Kousoulis, Esquire Shawn A. Weede
Attorney for Defendant Assistant United States Attomey
Dated: i3" 08 Dated: 06 //5/ DK
0 A af'
Ã©_ /1 / le] JQ l' J ~}
Dated: - [ 3Â»og
AND NOW, this L day of O \""'L , 2008, the foregoing Memorandum of
Plea Agreement is hereby (accepted) (rejected) by this Court.
The H nora Gregory M. S eet
United States District Court
F I L E D
JUN l 3 2008
u.s. msrmcr count
msrmcr or Â¤ELAw/me
Page 1 of 4
Page 2 of 4
Page 3 of 4
Page 4 of 4