Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00132-SLR Document 12 , Fil d 12/11/2007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, 3
v. g Criminal Action No. 07-132-SLR
SANTO T EODORO BAEZ, i
a/k/a "LUIS DUPREY" )
Defendant. 3
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorney,
Christopher J. Burke, Assistant United States Attorney for the District of Delaware, with the consent
and knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the
defendant, Santo Teodoro Baez, by and through his attorney, Luis A. Ortiz, Esquire, the following
agreement is hereby entered into bythe 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-entry 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 the

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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 the Dominican Republic, that he was deported from the United States on or about
November 5, 1994, 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 June 19, 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 leam of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of the-
defendant’ s timely guilty plea, the Government will not oppose a two—point reduction in the Offense .
Level for the defendant’s affirmative acceptance of responsibility, and the Govennnent will move
for an additional one—point reduction, pursuant to United States Sentencing Guideline Section 3E1.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 35 53(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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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 on
that basis.
6. The defendant agrees to pay the $100 special assessment at the time of sentencing. Should
he fail to do so, the defendant agrees to voluntarily enter the United States Bureau of Prisons’
administered program known as the Inmate 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 payment of the outstanding debt 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
f g United States Attorney
M By: é
s . Ortiz, Esquire Christopher J. Burk
Attorney for Defendant Assistant United States Attorney
Defendant
Dated: I):/cr/ajc; N, 2007
AND NOW, this JF; day of PQAAR-*\~·@•·*V , 2007, the foregoing Memorandum
of Plea Agreement is herehy ej ected) by this Court.
United States District Judge
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