Free Plea Agreement - District Court of Delaware - Delaware

; Case 1 :06-cr-00140-GIVIS Document 13 Filed 04/17/2007 Page 1 of 4 °
IN THE UNITED _STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff, l
v. Criminal Action No. 06-00140-GMS
HECTOR SOTO,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey,
Sophie E. Bryan, Assistant United States Attorney 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, Hector Soto, by and through his attorney, Edson A. Bostic, Esquire, the following
agreement is hereby entered into by the respective parties:
l. The defendant agrees to plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with having illegally re-entered the
United States after previously being removed from the country in violation of 8 U.S.C. §§ l326(a)
and (b)(2), which statute carries a maximum sentence of a term of imprisomnent of twenty years, a
fine of $250,000, or both; three year of supervised release; and a $100 special assessment.
2. The defendant understands that if there were a trial, the Government would have to prove
the following elements ofthe offense charged in Count One of the Indictment: (l) the defendant is
an alien and a citizen of the Dominican Republic; (2) the defendant was removed from the United
States on or about April 20, 2005; (3) the defendant was subsequently found in the United States,

. ~ Case 1:06-cr-00140-GIVIS Document 13 Filed 04/17/2007 Page 2 of 4
and was knowingly in the United States unlawfully; and (4) prior to the defendant’s reembarkation
at a place outside the United States, neither the Attorney General nor the Undersecretary for Border
and Transportation Security in the Department of Homeland Security had expressly consented to the
defendant’s reapplication for admission to the United States.
3. Provided that the Government does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the Government agrees that in consideration of the
defendant’s timely guilty plea, it will not oppose a two—point reduction in the Offense Level for the
defendant’s affirmative acceptance of responsibility, pursuant to Sentencing Guideline Section
3El .1. Further, if it is determined that the defendant’s Offense Level, prior to the application ofthe
aforementioned two—level reduction, is level 16 or greater, the Govermnent agrees to move for the
reduction of the Offense Level by one additional level, pursuant to Sentencing Guideline Section
3El.1(b), for a total reduction of three levels.
4. 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. At this stage (prior to the preparation ofthe pre—sentence report), the defendant
should expect that the Govemment 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
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3 Case 1:06-cr-00140-GIVIS Document 13 Filed 04/17/2007 Page 3 of 4
than the defendant expected, or contrary to the recommendation of his attomey or the United States,
the defendant will not be allowed to withdraw his guilty plea on that basis.
5. 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.
6. The United States Attomey reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
7. 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 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
E so A. ostic, Esquire Sophie E. Bryan
Attomey for Defendant Assistant United States Attomey
N 6 0 +0 lg Q 0 ie
Hector Soto
Defendant
Dated:
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Case 1:06-cr-00140-GIVIS Document 13 Filed 04/17/2007 Page 4 of 4
rk .
AND NOW, this { 7 day of *'· , 2007, the foregoing Memorandum of
Plea Agreement is hereby (accepted) Q=e}ee·tedj‘by this Court.
Hongrable Gregory M. Sleet S
United States District Judge
United States District Court
District of Delaware
F I L E D
APH l 7 2007
us. olsrmcr count
olsrmcr or DELAWARE
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