·~l?l
UNITED STATES DISTRICT COURT \_%m- J, Uk)?
FOR TI IE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
: Criminal Action No. 07-164-UNA
Plaintiff, 1
v. :
LUIS MONTANO—RIOS,
Defendant.
EEKQAQEDUM OF PLEA AGREE)‘I_Fl)Q
Pursuant to discussions between the United States of America, by and through its attomey,
of Colm F. Connolly, United States Attorney for the District ofDelaware, and Seth M. Beausang,
Assistant United States Attorney for the District ofDelaware, and the defendant, Luis Montano—Rios,
by and through his attorney, Keir Bradford, Esquire, the follovxing agreement is hereby entered into
by the respective parties:
l. The defendant, Luis Montano—Rios, agrees to plead guilty to Count One of the
Indictment charging him with reentry after deportation in violation ofTitle 8, United States Code,
Section l326(a), which carries a maximum penalty of imprisonment of not more than 2 years, a
$250,000 fine, or both, l year of supervised release, and a $l00.00 special assessment.
2. The defendant understands that the elements ofthe offense to which he is
pleading guilty are that: (a) the defendant is an alien; (b) the defendant was deported or removed
from the United States; (e) 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 ofthe United States, nor the Undersecretaiy for Border and Transportation
Case 1:O7—cr—OO164-SLR Document 11 Filed O2/06/2008 Page 2 of 3
consent was not required.
3. The defendant agrees to pay the $100 special assessment at the time of sentencing.
4. Provided that the United States Attorney does not subsequently learn of conduct by
the defendant inconsistent with acceptance ofresponsibility, the United States agrees to a two—level
reduction under U.S.S.G. § 3El . l (a) based on the defendant’s conduct to date.
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.
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 which 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 attorney or the United States, the defendant will not be allowed to withdraw his guilty plea.
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
2
Case 1:O7—cr—OO164-SLR Document 11 Filed O2/06/2008 Page 3 of 3
statements made prior to or after this Memorandum are null and void and have no effect whatsoever,
unless they eomport with the subsequent written modification requirements of this paragraph.
COLM F. CONNOLLY
United States Attorney
5/ /4 g
U/F /W9/If!//'0 RQ?} BY; [
Luis M0ntano—Rios Seth M. Beausang l
Defendant Assistant United States Attorney
Dated: Dated: QL (ic {Og
KeiriBradford, Esquiré
Attorney for Defendant
Dated?
AND NOW, this é1·day_ of , 2007, the foregoing Memorandum of
Plea Agreement is hereb · (accepted) rejected) by this Court.
United States Distrig Court Judgi
3
Case 1:07-cr-00164-SLR
Document 11
Filed 02/06/2008
Page 1 of 3
Case 1:07-cr-00164-SLR
Document 11
Filed 02/06/2008
Page 2 of 3
Case 1:07-cr-00164-SLR
Document 11
Filed 02/06/2008
Page 3 of 3
United States Free Forms
Canada Free Forms
United Kingdom Free Forms
Australia Free Forms