Free Plea Agreement - District Court of Delaware - Delaware


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Date: January 11, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cr—00148-GIVIS Document 10 Filed 01/11/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. g Criminal Action No. 07-148-GMS
ISRAEL MAZARIEGOS-ORTIZ, ;
A/K/A "UBALDO MORALES-BRAVO", )
Defendant. g
MEMORANDUM OF PLEA AGREEl\@*I_T
Pursuant to discussions between the United States of America, by and through its attomeys,
Christopher J. Burke, Assistant United States Attorney for the District of Delaware, and Colm F.
Comrolly, United States Attorney for the District of Delaware, and the defendant, Israel Mazariegos-
Ortiz, by and through his attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered
into by the respective parties:
l. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with illegal re-entry after deportation,
in violation of Title 8, United States Code, Sections l326(a) and (b)(l), a crime that carries a
maximum penalty often 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 retumed to the

Case 1:07-cr—00148-GIVIS Document 10 Filed 01/11/2008 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 Guatemala, that he was deported from the United States on or about December 22, 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 August l7, 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 Attomey General of the
United States or the Undersecretary for Border and Transportat;ion 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 of the
defendant’s tinrely guilty plea, the Government will not oppose a twc•—point reduction in the offense
level for the defendant’s affirmative acceptance of responsibility, pursuant to United States
Sentencing Guideline Section 3El.l(a). If the Court determines that the defendant’s offense level
is 16 or greater, the Government will move for an additional one-point reduction, pursuant to United
States Sentencing Guideline Section 3El.l(b).
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
2

Case 1 :07-cr-00148-GIVIS Document 10 Filed 01/11/2008 Page 3 of 3
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. The defendant agrees to pay the $100 special assessment at the time of sentencing. Should
he fail to do so, or should the Court order the defendant to pay a fine at sentencing, the defendant
agrees to voluntarily enter the United States Bureau of Prisons’ administered program known as the
Imnate Financial Responsibility Program though which the Bureau of Prisons will collect a portion
of defendant’s prison salary and apply it on defendant’ s behalf to the p ayment ofthe outstanding debt
ordered.
7. lt 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 Attomey
A ° I
uis . Ortiz, Esqui Christopher J. Bur
Attomey for Defe dant Assistant United States Attomey
Z;»=»/*0, gi gm €;~?&~;¢2»<;[email protected] ‘ A
srael Mazariegos—Ort` `
Defendant
Dated: I [ ZOO Y
7 ft -` .
AND NOW, this U day of S §¢>~\ , 2007, the foregoing Memorandum
reement is hereby (accepted) ( this C rt.
F I L E D /Q E S
Honor le r ory . Slee
JAN 1 1 2008 United tates District Judge
u.s. onsrmcr counr 3
ursrmcr OF DELAWARE

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