Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00012-GIVIS Document 15 Filed O3/08/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, i :
Plaintiff,
v. · Criminal Action No. 07-12- G M3
J ORGE MEJIAS,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorney, Beth Moskow-Schnoll, 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 Delaware, and the defendant, Jorge Mejias, by and through his
attorney, Christopher Koyste, Esquire, the following agreement is hereby entered into by the
respective parties:
l. The defendant, Jorge Mejias, agrees to plead guilty to Count One ofthe in
Indictment charging him with re-entry after deportation in violation of Title 8, United States
Code, Section l326(a) which canies a maximum penalty of 2 years imprisonment, a $250,000
fine, l year supervised release and a $100 special assessment.
2. The defendant understands that if there were a trial, the government would have to
prove the following elements with respect to Count One ofthe Indictment: (a) the defendant
previously had been deported; (b) subsequent to his deportation, the defendant was found in the
United States; and (c) neither the Attorney General nor the Undersecretary for Border and

" Case 1:07-cr-00012-GIVIS Document 15 Filed O3/08/2007 Page 2 of 4
Transportation Security, Department of Homeland Security had consented to the defendant’s
reentry.
3. The defendant knowingly, voluntarily, and intelligently admits the following facts:
(a) he is not a citizen of the United States; (b) on three separate occasions — on or about
September 30, 2000, on or about September 12, 2002, and on or about November ll, 2003 - he
was removed/deported from the United States; (c) he was found in the United States on or about
January 10, 2007; and (d) neither the Attomey General nor the Undersecretary for Border and
Transportation Security, Department of Homeland Security had consented to his reentry into the
United States.
4. 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 bearing on an
appropriate sentence pursuant to 18 U.S.C. §3553(a). The defendant further understands that the
Government will recommend that the Court impose a sentence consistent with the sentencing
range set forth by the sentencing guidelines. ·
5. 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.
6. Provided that the United States Attomey does not subsequently learn of conduct
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i Case 1:07-cr-00012-GIVIS Document 15 Filed O3/08/2007 Page 3 of 4
by the defendant inconsistent with acceptance of responsibility, the United States agrees to a two-
level reduction under USSG §3El.1(a) based on the defendant’s conduct to date.
7. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. The defendant understands and agrees that if the Court decides not to follow any
stipulation or recommendation in this Memorandum of Plea Agreement, or if the defendant does
not receive the benefits he expects from any such stipulation or recommendation, the defendant
may not withdraw his guilty plea.
8. 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 writing signed by all the parties; and that any and all pronnses,
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 Attomey
_· li ‘ r ·` ,-
r ` '·v` —r·. _.f.-N [ I · " a K. /
Om 5,; {QQ 3, gr Ss BY: ·¤ l ,=·‘ Wl JC 6+3 rh
Jorge Mejias Beth Moskow—Schnol1
Defgfiqan , Assistant United States Attorney
topher Koyste
Attomey for Defendant
Dated: Q f ’ Y
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. Case 1:07-cr-00012-GIVIS Document 15 Filed O3/08/2007 Page 4 of 4
"` gada
AND NOW, this L day of 2007, the foregoing Memorandum of
Plea Agreement is hereby (accepted) ( this Court.
Ii1‘*·*io¤£I¤Ic» G`=··ege.»/U; INN S Ie-; \—
United States District Court Judge
F I L E D
I-.··i#-TH — 8 f`·j§·-it
U.S. DISTRICT COURT
DISTRICT OF DELAWARE
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