IN THE UNITED STATES DISTRICT COURT I
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff g
v. g Criminal Action No. .07-0-7-HF
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JUAN AGUILERA—ZURITA ) ; f.... ..._ _ ._ _ l
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Defendant. ) E l··.l AY 1 U EGG?
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MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey,
Robert F. Kravetz, Assistant United States Attomey for the District of Delaware, with the consent
and knowledge of Colm F. Connolly, United States Attorney for the District of Delaware, and the
defendant, Juan Aguilera-Zurita, by and through his attomey, Edson Bostic, Esquire, the following
agreement is hereby entered into by the respective parties:
l. 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 illegal reentry following an order
of removal subsequent to an aggravated felony conviction, in violation of 8 U.S.C. § l326(a) &
(b)(2). The maximum penalties for Count One are twenty years imprisonment, a $250,000 fine,
three years of supervised release, and a $100.00 special assessment.
2. The defendant understands that if there were a trial, the Government would have to
prove beyond a reasonable doubt the following essential elements of the offense: (1) the defendant
is an alien; (2) the defendant was removed from the United States; (3) the defendant thereafter was
Case 1 :07-cr-00007-JJF Document 13 Filed 05/10/2007 Page 2 of 4
found in the United States; (4) without having obtained permission from the Attorney General or the
Secretary of Homeland Security to reapply for admission to the United States.
3. The Government represents to the defendant its belief that the defendant’s aggravated
assault felony conviction on August 13, 2002, in the Chester County Court of Cormnon Pleas
(Pennsylvania), prior to his removal from the United States, was an "aggravated felony offense" as
defined in 8 U.S.C. ll0l(a)(43)(B).
4. The United States represents to the defendant that, based on the information available,
the United States believes that his offense level (before acceptance of responsibility) should be 24.
That offense level calculation utilizes a base offense level of 8 (U.S.S.G. § 2Ll.2(a)), which is
increased 16 levels because defendant previously was removed from the United States after a
conviction for a crime of violence. (U.S.S.G. § 2Ll .2(b)(l)(A)).
5. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, 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 Govermnent 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
sentencing judge. 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
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Case 1 :07-cr-00007-JJF Document 13 Filed 05/10/2007 Page 3 of 4
his attorney 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 learn 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. § 3El.1(b).
7. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the Defendant agrees to enter voluntarily into the United States Bureau of Prisons’
administered program known as the Inmate Financial Responsibility Program, through which the
Bureau of Prisons will collect a portion of defendant’s prison salary and apply it on defendant’s
behalf to the payment of the outstanding debt ordered.
8. The United States Attorney reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
9. It is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the parties; that this Memorandum may be
modified only in a written document signed by all the parties; and, that any and all promises,
representations, and statements made prior to or after this Memorandum are null and void and have
no effect whatsoever.
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£%%Case ?; -$@7-JJF Document 13 "Fi d /1 O/5%].7 P e 4 of 4
dson Bostic, Esquire Ro ert F. Kravetz
Attomey for Defendant Assistant United States A
JE; Aguilera-Zurita
Defendant
Dated: May 10, 2007
AND NOW, this , day of , 2007, the foregoing
Memorandum of Plea Agreement is hereby ) by this Court.
Ho . J seph .Fa` ri, Jr. I
Unit States District Judge
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