Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr-OOOO1-SLR Document 12 Filed O3/21/2006 P e 1 f4
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
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Plaintiff, )
v. i Criminal Action No. 06-01-SLR
ANDRES ABARCA-SOLIS, i
Defendant. i
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorneys, Colm F. Connolly, United States Attorney for the District of Delaware, and
Christopher J. Burke, Assistant United States Attorney, and Penny Marshall, Esquire, attorney
for the defendant, Andres Abarca—Solis, the following agreement is hereby entered into by the
respective parties:
1. 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 re-entry after
deportation by an aggravated felon, in violation of Title 8, United States Code, Sections I326(a)
and (b)(2), a crime that carries a maximum penalty of twenty years incarceration, a $250,000
fine, three years 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 with respect to Count One of the Indictment beyond a reasonable
doubt: (i) the defendant is an alien; (ii) the defendant was deported from the United States; (iii)
after deportation, the defendant was found in the United States; and (iv) the defendant returned to

Case 1:06-cr-00001-SLR Document 12 Filed O3/21/2006 Page 2 of 4
the United States without the permission of either the Attomey General of the United States or
the Undersecretary for Border and Transportation Security, Department of Homeland Security.
3. The defendant knowingly, voluntarily and intelligently admits that he is a native
and citizen of Mexico, that he was deported from the United States on January 8, 1998. and
subsequently on January 26, 2000, and that he re-entered the United States approximately two or
three months after being deported in January 2000. The defendant further admits that prior to
this re-entry into the United States, he had not received permission to re-enter from U.S.
immigration authorities, and that he was found in the State of Delaware on December 22, 2005.
4. 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 of the 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, and
will move for an additional one-point reduction, pursuant to United States Sentencing Guideline
Section 3El. l.
5. 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 Title 18, United States Code, Section 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. The defendant
recognizes that the final determination of the defendant’s sentence will be made by the Court.
The defendant understands that the Court is not bound by any stipulation between the parties, and
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Case 1:06-cr-00001-SLR Document 12 Filed O3/21/2006 Page 3 of 4
that if the Court calculates the guidelines differently than he expects, imposes a sentence greater
than what he expects or imposes a sentence contrary to any stipulation of the parties or
recommendation of his attorney, that he will not be allowed to withdraw his guilty plea.
6. The defendant agrees to pay the special assessment of $100 at the time 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
though which the Bureau of Prisons will collect a portion of defendant’s prison salaiy 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 of the District
Court should there be an appeal from this case.
S. It is further agreed by the parties that this Memorandum supersedes all prior
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. CONNOI-LY
qu _____ _. p2:/ifi Umtid States Attorney
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Penny Mar , Esquire Christopher J. Burk
Attorney for Defendant Assistant United States Attorney
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Andres Abarca-Solis
Defendant
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Case 1:06-cr-OOOO1-SLR Document 12 Filed O3/21/2006 Page 4 of 4
Dated: March 2006
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AND NOW this ¤u?* day of , 2006, the foregoing
Memorandum of Plea Agreement is hereby (rejected) by the Court.
The Honorable gue L. Robinson
United States District Judge
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