Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00014-SLR Document 20 Filed 06/27/2007 Page 1 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
: S I UNITED STATES OF AMERICA, )
i Plaintiff, g
l- . v_ _ g Criminal Action No. 07-14 SLR
= RAFAEL SANTIAGO, i _
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
C Pursuant to discussions between the United States of America, by and through its attorneys,
Colm F. Connolly, United States Attorney for the District of Delaware, and Douglas E. McCann, _
Assistant United States Attorney for the District of Delaware, and the defendant, Rafael Santiago,
by and through his attorney, Edson A. 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 I of the Indictment. Count I charges him with knowingly distributing, and
i possessing with intent to distribute, cocaine, a controlled substance, in violation of Title 21,
E United States Code, Sections 841 (a)( 1) and (b)(1)(C). The maximum penalties for Count I ofthe
Indictment are twenty years imprisonment, a fine of $1,000,000, lifetime supervised release with
a minimum of three years of supervised release, and a $100 special assessment.
2. The defendant understands that if there were a trial, the United States would have to
prove beyond a reasonable doubt the elements of the offenses to which he is pleading guilty, that
I is, (1) on or about April 17, 2006, the defendant possessed with intent to distribute, and distributed, .

Case 1 :07-cr-00014-SLR Document 20 Filed 06/27/2007 Page 2 of 4
a substance; (2) the substance contained a detectable amount of cocaine; and (3) the defendant
acted knowingly, that is, he knew that he possessed with intent to distribute, and distributed, a
I controlled substance.
4 ( 3. The defendant knowingly, voluntarily and intelligently admits that on or about April
( l 17, 2006, he distributed what he knew to be approximately 500 grams of cocaine to another
person. The defendant further knowingly, voluntarily and intelligently admits that on June 15,
g 2006, he again distributed what he knew to be approximately 500 grams of cocaine to that same
person.
T _ 4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 13 U.S.C. 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
H 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
n n 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
J guidelines, or otherwise different than the defendant expected, or contrary to the recommendation .
of his attorney or the United States, the defendant will not beallowed to withdraw his guilty plea
on that basis.
5. Provided that the United States Attomey does not learn of conduct inconsistent with
acceptance of responsibility, the United States will recommend a tbi·ee—level reduction in the I
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Case 1 :07-cr-00014-SLR Document 20 Filed 06/27/2007 Page 3 of 4
offense level for the charge above for the defenda;nt's affirmative acceptance of responsibility
7 » under Sentencing Guideline § 3El . l. The United States makes this recommendation because the
defendant has timely notitied authorities of his intention to entera plea of guilty, thereby
A permitting the United States to avoid preparing for trial and permitting the Court to allocate its
resources efficiently.
_ 6. The defendant agrees to pay the $l0O special assessment the day of sentencing.
- Should hg 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 defendant’s prison salary and apply it on
V defendant’s behalf to the payment of the outstanding debt ordered.
_ 7. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case. I
U 8. It is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements ofthe parties; that this Memorandum may be
l modiiied only in writing signed by all the parties; and, that any and all promises, representations, g
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Case 1:07-cr—00014-SLR Document 20 Filed 06/27/2007 Page 4 of 4
and statements made prior to or after this Memorandum are null and void and have no effect
. whatsoever.
COLM F. CUNNOLLY n
United States Attorney
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By: t ill/= Cr L C/-»
t Edson A. Bostic, Esquire Douglas . McCann
Attorney for Defendant Assistant United States Attomey
Rkel Santiago é ·
Defendant
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AND NOW, this fi; day of 2007, the foregoing Memorandum
of Plea Agreement is hereb · (accepted ejected) by this Court.
Sue L. Robinson é A A
United States District Judge
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