Free Plea Agreement - District Court of Delaware - Delaware

Case 1:06-cr-00142-JJF Document 14 Filed 05/1 (iL}.Qq@C£P{a1gLg 1gc\b@,`) (g;,rQJ»|»
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
UNITED STATES OF AMERICA, ) ·
v. g Criminal Action No. 06-142-JJF
JUAN FRANCISCO FLORESBARAHONA, i r_,iT___j___i `
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MEMORANDUM OF PLEA AGREEMENT i. A i‘\|i`Y`*|ii` _iiTiii;l. ,. __
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 the defendant, Juan Francisco Flores—Barahona, by and through his attomey, Eleni
Kousoulis, Esquire, the following agreement is hereby entered into by the respective parties:
I. The defendant shall plead guilty in the United States District Court for the District
I of Delaware to Count One of the Indictment, which charges him with illegal re—entry after
deportation, in violation of8 U.S.C. § l326(a).
2. The defendant understands that the Government will seek to establish at
sentencing that, prior to his removal, he had been convicted of an aggravated felony,
F pursuant to 8 U.S.C. § l326(b)(2), in which case, the maximum sentence for this offense
would be a term of imprisonment of 20 years, a fine of $250,000, or both, three years of
supervised release, and a $100 special assessment. Alternatively, the defendant understands
that the Government will seek to establish that, prior to his removal, the defendant was
convicted of three or more misdemeanors involving drugs, crimes against the person, or both,
or a felony (other than an aggravated felony), pursuant to 8 U.S.C. § l326(b)(l), in which

Case 1 :06-cr-00142-JJF Document 14 Filed 05/10/2007 Page 2 of 4
_ case the maximum sentence for this offense would be a term of imprisonment of 10 years,
a fine of $250,000, or both, three years of supervised release, and a $100 special assessment.
3. The defendant reserves the right to challenge the applicability of 8 U.S.C.
§§ 1326(b)(1) and (b)(2), to his sentence. The defendant understands that if he does not
qualify for punishment under 8 U.S.C. §§ l326(b)(1) or (b)(2), then he would be subject to
a maximum sentence of a term of imprisonment of up to two years, a $250,000 fine, or both,
up to one year of supervised release, and a $100 special assessment.
4. The defendant understands that if there were a trial, the Government would have
to prove, with respect to Re—Ent1v After Deportation that: (1) the defendant is an alien; (2)
on or about May 3, 2001, the defendant was deported and removed from the United States;
(3) on or about November 21, 2006, the defendant was found in the United States, (4) the
defendant was knowingly present in the United States; and (5) neither the Attorney General,
nor the Undersecretary for Border and Transportation Security of the Department of
Homeland Security had expressly consented to the defendant’ s re—application for admission.
5. Provided that the United States does not subsequently learn of conduct by the
defendant inconsistent with acceptance of responsibility, the United States agrees that in
consideration ofthe defendant’s timely guilty plea, the Government will not oppose a two-
point reduction in the Offense Level for the defendant’s affirmative acceptance of
responsibility. The Government will move for an additional one—point reduction, if the
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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. lt 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 understands, however, that the ultimate determination of an
appropriate sentence will be up to the sentencing judge. The Court may impose a sentence
which is within, or which exceeds or falls below 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 his attorney or the United
States, the defendant will not be allowed to withdraw his guilty plea.
6. The defendant agrees to pay the $100 special assessment the day 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 defendant’s prison salary and
apply it on defendant’s behalf to the payment of the outstanding debt ordered.
7. The United States Attorney reserves the right to defend any ruling ofthe District
Court should there be an appeal from this case.
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Case 1 :06-cr-00142-JJF Document 14 Filed 05/10/2007 Page 4 of 4
8. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements ofthe parties g 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.
COLM F. CONNOLLY
United States Attomey
E BY:/% /7,; ···e···—·-——————...x
Eleni Kousoulis 'I__.,--I ana H. Eisenstein
Attorn y for Defendant Assistant United States Attorney
Juag Francisco Flores—Barahona
Defendant
Dated: 5·lO·O"]
AND NOW, this _) K day of , 2007, the foregoing
Memorandum of Plea Agreement is hereby ( ) by this Court.
r~. F " C
~ /’ \ Ctr
Honorable Joseph . Faman, Jr.
United) States District Judge
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