Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00015-JJF Document 12 Filed 04/25/2007 Page 1 of 4
U.S. Department of Justice
United States Attorney ’s Ojjice
District 0f Delaware
_ Nemours Building (302} 5 73-6277
1007 Orange Street, Suite 700 FAX{302) 573-6220
P. O. Box 2046
Wilmington, Delaware 19899-2046
l April 25, 2007 l
The Honorable Joseph J. Farnan, Jr.
United States District Court Judge
District of Delaware
844 King Street
_ Wihnington, DE 19801 _
_ Re: United States v. Mynor Rene Ruano
Criminal Action N0. {E15-JJF i
l Dear Judge Farnan:
The defendant has agreed to change his plea pursuant to the enclosed Memorandum of Plea
Agreement. The parties respectfully request that the Court schedule a Change of Plea hearing with
counsel. An original, executed Memorandtun will be submitted at the Change of Plea hearing.
‘ Respectfully submitted,
. COLM F. CONNOLLY
United States Attorney
i BYZ J, ··""‘¤""""·——-· U
‘ Il a H. Eisenstein
ssistant United States Attorney .
Enclosure _ _
cc: Eleni Kousoulis, Esquire
- Clerk, U.S. District Court

I I II I II I II I Case 1 :07-cr-00015-JJIE Document 12 Filed 04/25/2007 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I ‘ UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07-15-JJF I
MYNOR RENE RUANO,
Defendant.
MEMORANDUM OF PLEA AGREEMENT I
. Pursuant to discussions between the United States of America, by and through its
attomey, Ilana H. Eisenstein, Assistant United States Attorney for the District of Delaware,
· and on behalf of and with the consent and knowledge of Colm F. Connolly, United States
Attorney for the District of D elaware, and the defendant, Mynor Rene Ruano, by and through
his' attorney, Eleni Kousoulis, Esquire, the following agreement is hereby entered into by the
respective parties:
1. The defendant, Myrror Rene Ruano, agrees to plead guilty to Count One ofthe E
Indictment charging him with reentry after deportation in violation of Title 8, United States .
Code, Section 1326(a), which carries a maximum penalty of imprisonment of not more than
2 years, a $250,000 fine, or both, 1 year of supervised release, and a $100.00 special
assessment. .
2. The defendant understands that the elements of the offense to which he is
pleading guilty 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

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was found in the United States; (d) the defendant was voluntarily in the United States; and
(e) neither the Attorney General ofthe United States, nor the Undersecretary for Border and
` Transportation Security, Department of Homeland Security, had consented to the defendant’ s
reentry or such consent was not required. I
3. The defendant agrees to pay the $100 special assessment at the time of
- sentencing.
i 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 USSG §3E l . l (a) based on the defendant’s conduct to
date. .
5. The United States explicitly retains the iight S 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 at sentencing the District Court must consider
. the United States Sentencing Guidelines and take them into account in exercising its
discretion to determine the appropriate sentence and must also consider the other factors t
bearing on an appropriate sentence pursuant to 18 U.S.C. §3553(a). The defendant further
understands that the Government will likely recommend that the Court impose a sentence ·
consistent with the sentencing range set forth by the sentencing guidelines. He understands
that the final determination ofthe sentence will be up to the sentencing judge. The defendant

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I understands that the Court is not bound by a stipulation between the parties, and, if the Court I
imposes a sentence which is different than he expects, or contrary to any recommendation
of his attorney or the United States, that he will not be allowed to withdraw his guilty plea.
7. It is further agreed by the parties that this Memorandum supersedes all prior q
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
‘ United States Attorney
I BY:
_ Mynor Rene Ruano Ilana H. Eisenstein
Defendant Assistant United States Attorney
Attorney for Defendant
Dated: I
AND NOW, this ___ day of , 2007, the foregoing Memorandum of
I Plea Agreement is hereby (accepted) (rejected) by this Court.

United States District Court Judge
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