Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr—00057-GIVIS Document 14 Filed 07/27/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
v. g Criminal Action No. 07-57-GMS
AMPARO VEGA-CORTEZ, ;
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attomey for the District of Delaware, and David L. Hall, Assistant
United States Attomey for the District of Delaware, and the defendant, Amparo Vega-Cortez, by
and through his attomey, Edson Bostic, 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 of the Indictment, which charges him with illegal reentry following an order
of removal, in violation of 8 U.S.C. § l326(a), The maximum penalties for Count One are two
years imprisonment, a $250,000 fine, one year of supervised release, and a $100.00 special
assessment.
2. The defendant understands that if there were a trial, the Government would have to
prove beyond a reasonable doubt each of the following essential elements of the offense: (a) the
defendant is an alien; (b) the defendant was removed from the United States; (c) the defendant
thereafter was found in the United States; (d) without having obtained permission from the Attomey
General or the Undersecretary for Border and Transportation Security, Department of Homeland
Security to reapply for admission to the United States.

Case 1 :07-cr—00057-GIVIS Document 14 Filed 07/27/2007 Page 2 of 3
3. The defendant knowingly, voluntarily, and intelligently admits that: (a) he is an alien
and subject of Mexico, (b) on or about November 23, 1999, he was removed from the United States
at or near Laredo, Texas, (c) on April 17, 2007, he was knowingly in the United States at Delaware,
and (d) prior to April 17, 2007, neither the United States Attorney General nor the Undersecretary
for Border and Transportation Security, Department of Homeland Security, expressly consented to
Defendant’s reapplying for admission to the United States.
4. The defendant understands that the District Court nrust 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
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.
5. Provided that the United States does not leam after the entry of the defendant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
States agrees to recommend a two—level reduction in the defendant’s sentencing guideline range
pursuant to U.S.S.G. § 3El.l. `
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Case 1 :07-cr—00057-GIVIS Document 14 Filed 07/27/2007 Page 3 of 3
6. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the Defendant agrees to enter voluntarily into 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 defendant’s prison salary and apply it on defendant’s
behalf to the payment of the outstanding debt ordered.
7. The United States Attomey reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
8. lt is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the 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.
./3 · { " _ —,__ ` ~.
z , . _ _ _. .
K _` ,_Esquir _ avid L. Hall .
ttortiey r Diéfend nt Assistant United States Attorney
Amparo Vega-Cortez
Defendant
Dated: 2/QJSU
. = L lt O?l-J
Pk r""
AND NOW, this 27 day of gl % , 2007, the foregoing
Memorandum of Plea Agreement is hereby (accepted) (rej ted) by this Court. 1
Hono le gregory M. Sleet é é
United tates District Judge
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