Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr—OOOO2-SLR Document 12 Filed O3/06/ZOOZII/{6l?§?g0fel(]1 oggé
`¢1·¤ T 3/0 /07
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, 2
Plaintiff] `
v. Criminal Action No. gy-gg-SLR
MIGUEL BALMACEDA-VAZQUEZ,
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
Attomey for the District of Delaware, and the defendant, Miguel Balmaceda-Vazquez, by and
through his attorney, Edson Bostic, Esquire, the following agreement is hereby entered into by
the respective parties:
1. The defendant, Miguel Balmaceda—\/azquez, agrees to plead guilty to Count One
of the Indictment charging him with reentry after deportation in violation of Title 8, United States
Code, Section 1326(a) and (b)( 1), which carries a maximum penalty of imprisonment for not
more than 10 years, a $250,000 fine, or both, 3 years 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 was deported; (b) the defendant subsequently was
found in the U.S.; and (c) the Undersecretary for Border and Transportation Security, Department

Case 1:07-cr—OOOO2-SLR Document 12 Filed O3/06/2007 Page 2 of 3
of Homeland Security, had not consented to the defendant’s reentry or such consent was not
required. l
3. The defendant agrees to pay the $100 special assessment at the time of sentencing.
4. Provided that the United States Attomey 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 §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 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 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 of the sentencing guidelines will be up to the sentencing judge. The defendant
understands that the Court is not bound by a stipulation between the parties, and, if the Court
calculates the guidelines differently than he expects, or contrary to any recorrunendation 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
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Case 1:07-cr—OOOO2-SLR Document 12 Filed O3/06/2007 Page 3 of 3
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
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Miguel Balmaceda—Vazquez Beth Moskow-Schnoll
Defendant Assistant United States Attorney
Edson Bostic
Attorney for Defendant
Dated:
AND NOW, this Q day of , 2007, the foregoing Memorandum of
’\
Plea Agreement is hereby (rejected) by this Court.
HONORABLE 5U% L. ROBINSON
Chief United States District Court Judge
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