Free Plea Agreement - District Court of Delaware - Delaware

. Case 1 :07-cr-00087-SLR Document 14 Filed O9/21/2007 Page 1 of 3
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff
v. Criminal Action No. 07-87-SLR
ALFREDITO CAMPUSANO,
afkf a ERICSON PIMENTEL, :
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attomeys, Colm F. Connolly, United States Attorney for the District of Delaware, and Beth
Moskow-Schnoll, Assistant United States Attomey for the District of Delaware, and the
defendant, Alfredito Campusano, afk/a Ericson Pimentel, by and through his attorney, Eleni
Kousoulis, the following agreement is hereby entered into by the respective parties:
1. The defendant, Alfredito Campusano, a/k/a Ericson Pimentel, agrees to plead
guilty to Count One of the Indictment charging him with re-entry after deportation in violation of
Title 8, United States Code, Section l326(a), which carries a maximum penalty of imprisonment
for not more than two years, a $250,000 fine, or both, one year of supervised release, and a
$100.00 special assessment.
2. The defendant understands that if there were a trial, the Govemment would have
to prove the following elements with respect to Count One of the Indictment, re-entry after
deportation in violation of 8 U.S.C. § l326(a): (a) the defendant is an alien; (b) the defendant
previously was deported from the United States; (c) the defendant subsequently was found in the

l _ . Case 1 :07-cr-00087-SLR Document 14 Filed O9/21/2007 Page 2 of 3
United States; and (d) neither the Attorney General nor the Undersecretary for Border and
Transportation Security, Department of Homeland Security, consented to the defendant’s reentry.
3. The defendant admits that he is in fact guilty of the offense described in
paragraphs one and two.
4. 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 through
which the Bureau of Prisons will collect a portion of the defendant’s prison salary and apply it on
the defendant’s behalf to the payment of the outstanding debt ordered.
5. 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 for acceptance of responsibility under USSG §3El . l (a) based on the defendant’s
conduct to date.
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. 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 attomey or the United States, the defendant will not be allowed to withdraw his guilty plea
on that basis.
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 a written document 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 Attorney
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Al dito Campusano Beth Moskow-Schnoll
Defendant Assistant United States Attorney
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Eleni Kousoulis I
Attorney for Defendant
Dated: i¥LiY_Lv*¤l¤k T —·) if J QV if
AND NOW, thiéf day of 2007, the foregoing Memorandum of
Plea Agreement is hereby rejected) by this Court.
Hogorable Sue L. ébinson
United States District Court Judge
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