Free Plea Agreement - District Court of Delaware - Delaware

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07-49-1] F
GILBERTO ZARCO,
Defendant.
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 Attorney for the District of Delaware, and the defendant, Gilberto Zarco, by and
through his attomey, Carlos Zaldivar, 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 knowingly distributing a mixture
and substance containing a detectable amount of cocaine, a controlled substance, in violation of 21
U.S.C. § S4l(a)(1) and (b)(1)(C).
2. The maximum penalty for Count One is 20 years imprisonment, three years to lifetime
supervised release, a $1 ,000,000.00 line, and a $100.00 special assessment.
3. 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: (1) that
the defendant knowingly, (2) distributed, (3) a mixture and substance containing a detectable
amount of cocaine, (5) on or about March 2, 2005.
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Case 1:07-cr-00049-JJF Document 27 Filed 08/O2/2007 Page 2 of 3
4. The defendant knowingly, voluntarily, and intelligently admits that on March 2, 2005,
in the State and District of Delaware, he knowingly distributed 54.3 grams of cocaine.
5. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title l8, 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
sentencingjudge. 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 attomey or the United States, the defendant will not be allowed to withdraw his guilty plea on
that basis.
6. 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 three-level reduction in the defendant’s sentencing guideline range
pursuant to U.S.S.G. § 3E1.l.
7. 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
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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.
8. The United States Attomey reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
9. It 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.
.. - _ + ;...4
arlos Zaldivar, Esquire David L. i alilf
Attomey for Defendant Assistant United States Attorney
Gilberto Zarco
Defendant
Dated: 2/··é"\FéY\V°—E`i ?“Z°O:i"
AND NOW, this day of [gj%é.»4)§ , 2007, the foregoing
Memorandum of Plea Agreement is hereby ) by this Court.
`‘‘
Hon • r ‘3l"e ‘c ‘ ephi aman, Jr. 7
Uni ·• States District Judge
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