Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-O 6 -JJ Document 14 Filed Q3/ (9Pbd f 3 .
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
PlaintiffQ )
)
v. ) Criminal Action No. 07-162—JJF
)
COLLIN ROMEO COLE, )
)
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
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 Christopher J. Burke, Assistant
United States Attorney for the District of Delaware, and the defendant, Collin Romeo Cole, by and
through his attorney, Keir Bradford, 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 Count One ofthe Indictment, which charges him with illegal re—ent1y after deportation,
in violation of Title 8, United States Code, Sections 1326(a) and (b)(2), a crime that carries a
maximum penalty of twenty years incarceration, a $250,000 fine, three years of supervised release,
and a $100 special assessment.
2. The defendant understands that if there were a trial, the Government would have to prove
the following elements with respect to Count One of the Indictment beyond a reasonable doubt: (i)
the defendant is an alien; (ii) the defendant was deported from the United States; (iii) after
deportation, the defendant was found in the United States; and (iv) the defendant returned to tliewp __
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Case 1:07-cr-00162-JJF Document 14 Filed O3/19/2008 Page 2 of 3
United States without the permission of either the Attorney General of the United States or the
Undersecretary for Border and Transportation Security, Department of Homeland Security.
3. The defendant knowingly, voluntarily and intelligently admits that he is a native and
citizen of Jamaica, that he was deported from the United States on or about April 28, 2005, that he
subsequently knowingly re-entered the United States and that he was found in the United States by
United States Immigration and Customs Enforcement agents on or about November 2, 2007. The
defendant further admits that prior to this re-entry into the United States, he had not received
permission to re-enter from U.S. immigration authorities, including the Attorney General of the
United States or the Undersecretary for Border and Transportation Security, Department of
Homeland Security.
4. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration ofthe
defendant’s timely guiltyplea, the Government will not oppose a two-point reduction in the Offense
Level for the defendant’s affirmative acceptance of responsibility, and the Government will move
for anadditional one-point reduction, pursuant to United States Sentencing Guideline Section 3El . l.
5. The defendant understands that the 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 (prior to the preparation of the pre-sentence report), 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
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ordered.
7. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements of the 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
jr J United States Attorney
Keir adford, Esquire Christopher J. Bur e
Attomey for Defendant Assistant United States Attomey
tig {X5, t gi .
Collin Romeo Cole
Defendant
Dated: ’m4/\/V/cl M, 2-008*
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AND NOW, this day of , 2008, the foregoing Memorandum
of Plea Agreement is hereby ccepted) ( by this Court. ,2
Hoéiiiéble Jojeph garnan, Jr. q
Uni States District Judge ··
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