Case 1:07-cr-00144-SLR Document 11 Filed O2/29/2008 Page 1 of 3
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA :
: Criminal Action No. 07-144-SLR
MIGUEL A. MALDONADO-BENITEZ,
afk/a Jean Carlos Ortero :
MEMOQNDUM OE PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Colm F. Connolly, United States Attorney for the District of Delaware, and Seth M. Beausang,
Assistant United States Attomey for the District of Delaware, and the defendant, Miguel A.
Maldonado-Benitez, by and through his attomey, Keir Bradford, Esquire, the following agreement
is hereby entered into by the respective parties:
l. The defendant, Miguel A. Maldonado-Benitez, agrees to plead guilty to Count One
of the Indictment charging him with reentry alter deportation in violation of Title 8, United Statzg/I )/)1/<->g
Code, Section l326(a), which carries a aximum penal of imprisonment of not more than/Zyears, of
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a $250,000 fine, or both,_.l’ yearr of supervised release, and a $100.00 special assessment.
2. The defendant understands that the elements of the offense to which he is
pleadingiguilty 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 for Border and Transportation
Case 1:07-cr-00144-SLR Document 11 Filed O2/29/2008 Page 2 of 3
Security, Department of Homeland Security, had consented to the defendant’s reentry or such
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 of responsibility, 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 355 3(a) in determining an
appropriate sentence. It 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
Case 1:07-cr-00144-SLR Document 11 Filed O2/29/2008 Page 3 of 3
Kei Bradford, Esquire
Attomey. for Defendant
AND NOW, this <’l_i'1iay of 2008, the foregoing Memorandum of
Plea Agreement is hereby (rejected) by this Court.
The Honorable §e L. Robinson
United States District Court Judge
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