Free Plea Agreement - District Court of Delaware - Delaware

_ . · Case 1:07-cr-00011-JJF Document 20 Filed O9/12/2(@7,{' /T/gf §p£_u
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IN THE UNITED STATES DISTRICT COURT I @$200 7
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v. Criminal Action No. 07-11-JJF
FREDY ESTUARDO VELASQUEZ,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorney, Ilana H. Eisenstein, Assistant United States Attorney for the District of Delaware,
and on behalfof and with the consent and knowledge of Colm F. Connolly, United States
Attorney for the District of Delaware, and the defendant, Fredy Estuardo Velasquez, by and
through his attorney, Edson A. Bostie, Esquire, the following agreement is hereby entered
into by the respective parties:
l. The defendant, Fredy Estuardo Velasquez, agrees to plead guilty to Count One
ofthe Indictment charging him with reentry after deportation in violation of Title 8, United
States Code, Section 1326(a), which carries a maximum penalty ofimprisonment ofnot more
than 2 years, a $250,000 {ine, or both, 1 year of supervised release, and a $100.00 special
assessment.
2. The defendant understands that the elements ofthe 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
in

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was found in the United States; (d) the defendant was knowingly present 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.
3. The defendant agrees to pay the S100 special assessment at the time of
sentencing.
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 U.S.S.G. § 3El . l (a) based on the defendant’s conduct
to date.
5. The United States explicitly retains the right to make whatever
recommendations at the time ofsentencing that it believes are appropriate and to defend the
rulings ofthe sentencing court upon appeal.
6. The defendant understands that the District Court must consider the United
States Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in
determining an appropriate sentence, It is likely that the Government will recommend that
the Court impose a sentence consistent with the sentencing range set forth by the sentencing
guidelines. The defendant underst.ands, however, that the ultimate determination of an
appropriate sentence will be up to the sentencingjudge. The Court may impose a sentence
which is within, or which exceeds or falls below the sentencing range prescribed by the
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Case 1:07-cr-00011-JJF Document 20 Filed O9/12/2007 Page 3 of 4
sentencing guidelines. The defendant expressly acknowledges that ifthe 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.
7. It is further agreed by the parties that this Memorandum supersedes all prior
promises, representations, and statements ofthe 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 ofthis paragraph.
COLM F. CONNOLLY
United States Attorney
r , =· r it BY:
i rc ge;t"-» M g€€~*e"""j
Defendant Assistant United States Attorney
. ,_ : ¢ ·na r-
dison A. Hiostic, Esquire
Attorney for Defendant
Dated: .__ i _ ·?’
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AND NOW, this day of`~<—EJ@iEMB€L; 2007, the foregoing Memorandum of
Plea Agreement is hereby a cepted this Court.
·*‘¥ ' lg OL/L
HON ABL JO PI-I J. FAR N, JR.
United States District Court Judge
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