Free Proposed Plea Agreement - District Court of Delaware - Delaware

. Case 1 :O7—cr—OOOO2-SLR Document 10 Filed O2/06/2007 Page 1 of 4
U.S. Department of _J ustice
United States Attorney ’s Ojjice _
t `=e.iQ..;;}. ..-. District of Delaware
l I Nemours Building (302) 573-6277
1007 N. Orange Street, Suite 700 FAX (302) 573-6220
l - P.O. Box 2046
Wilmington, Delaware I9899-2046
_ February 6, 2007
The Honorable Sue L. Robinson
‘ Chief U.S. District Judge
U.S. District Court ·
-844 King Street
Wilmington, DE 19801 . s
l ‘ ( Re: United States V. Miguel Balmaceda-Vazquez l
Criminal Action No. 07-02-SLR
i Dear Chief Judge Robinson: -
` ` Edson Bostic, cotmsel for the defendant, has informed me that the defendant has accepted
the Governrnent’s plea offer. Therefore, the parties respectfully request that a change of plea -
‘ hearing be scheduled. A copy of the proposed Memorandum of Plea Agreement is attached. z
Respectfully submitted, i
_ COLM F. CONNOLLY
J _ United States Attorney p.
` - _ Beth Moskow-Schnoll _ at
1 Assistant United States Attorney _

I Case 1:07—cr—00002-SLR Document 10 Filed 02/06/2007 Page 2 of 4
I - IN THE UNITED STATES DISTRICT COURT
- FOR THE DISTRICT OF DELAWARE
I UNITED STATES OF AMERICA, : ` _
‘ = _ _ _ Plaintiff, __ _ _ _ I L
I I v. Criminal Action N0. 07-02-SLR
MIGUEL BALMACEDANAZQUEZ,
I Defendant. U I _
c MEMORANDUM OF PLEA AGREEMENT
I I I Pursuant to discussions between the United States of America, by and through its
Iattorney, Beth Moskow-Schnoll, Assistant United States Attorney for the District of Delaware,
. I and on behalf of and with the consent and knowledge of Cohn F. Connolly, United States
Y Attorney for the District of Delaware, and the defendant, Miguel Balmaceda—Vazquez, by and
through his attomey, Edson Bostic, Esquire, the following agreement is hereby entered into by
the respective parties:
1. The defendant, Miguel Balmaceda-Vazquez, agrees to plead guilty to Count One
- . _ of the Indictment charging him with reentry after deportation in violation ·of` Title 8, United States p
‘ I Code, Section l326(a) and (b)(1), which carries a maximum penalty of imprisonment for not ;
I I more than 10 years, a $250,000 fine, or both, 3 years of supervised release, and a $100.00 special g
. assessment. I
I 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

-1 S A .·-- :07ecreOOOO2-SLR Document 10 Filed O2/06/2007 Page 3 of 4
` of Homeland Security, had not consented to the defendant’s reentry or such consent was not
required.
T l 3. The defendant agrees to pay the $100 special assessment at the time of sentencing.
_` 4. Provided that the United States Attorney does not subsequently leam of conduct
by the defendant inconsistent with acceptance of responsibility, the United States agrees to a two-
level reduction tmder USSG §3El.1(a) based on the defendant’s conduct to date. _ -
5. The United States explicitly retains the r`ht to make whatever recommendations
l 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 iinal -
I determination of the sentencing guidelines will be up to the sentencing judge. The defendant
_ understands that the Court is not botmd by a stipulation between the parties, and, if the Court
calculates the guidelines differently than he expects, or contrary to any recommendation of his
. . attorney or the United States, that he will not be allowed to withdraw _his guilty plea.
. I i ·- 7. It is further agreed by the parties that this Memorandum supersedesall prior

i G _ Case 1 :O7—cr—OOOO2-SLR Document 10 Filed O2/06/2007 Page 4 of 4
promises, representations, and statements of the undersigned parties; that this Memorandum may
be modified only in writing sigred by all the paitiesg and that any and all promises,
representations and statements made prior to or after this Memorandum are null and void and
y have no effect whatsoever, unless they comport with the subsequent written modification
l requirementsof this paragraph.
. COLM F. CONNOLLY
_ - United States Attorney
d.g~¢/aaai. We Bm ll/M {dur
Miguel Balmaceda-Vazquez Beth Moskow-Schnoll
Defendant Assistant United States Attorney
M I
~ dson Bostic
Attorney for Defendant
i Dated: ‘F’
- i AND NOW, this ; day of , 2007, the foregoing Memorandum of
l Plea Agreement is hereby (accepted) (rej ected) by this Court. A
_ HONORABLE SUE L. ROBINSON A
. Chief United States District Court Judge E
. . 2 . g