Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :06-cr-OOOO1-SLR Document 10-2 Filed O3/O3/2006 Page 1 of 4
, IN TI-IE UNITED STATES DISTRICT COURT I
j I FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, ) “ I
- Plaintiff l
· v. l Criminal Action No. 06-Ol-SLR
ANDRES ABARCA—SOLIS, 3
·- Defendant. 3
T MEMORANDUM OF PLEA AGREEMENT
A Pursuant to discussions between the United States of America, by and through its
l 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
_ n respective parties: I _
l. 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 P
deportation by an aggravated felon, in violation of Title 8, United States Code, Sections l326(a)-
and (b)(2), a crime that carries a maximum penalty of twenty years incarceration, a $250,000
I _‘ 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
A 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 I

U i Case 1:06-cr-00001-SLR Document 10-2 Filed 03/03/2006 Page 2 of 4
the United States- without the permission of either the Attorney General of the United States or
the Undersecretary for Border and Transportation Security, Department of Homeland Security.
i 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 J anuary 26, 2000, and that he re-entered the United States approximately two or
1 three months after being deported in J anua1y 2000. The defendant further admits that prior to
4 this re-entry into the United States, he had not received permission to re-enter from U.S.
l 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 leam 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
I reduction in the Offense Level for the defendant’s affirmative acceptance of responsibility, and
l will move for an additional one-point reduction, pursuant to United States Sentencing Guideline
Section 3E1.l.
U 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
i 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 i
_ 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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if 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 A
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 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 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
E A have no effect whatsoever, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY
¤ United States Attorney
l BY: .
· Penny Marshall, Esquire Christopher J. Burke
Attorney for Defendant Assistant United States Attorney
I. o
Defendant ·
. -3- _

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_ Dated: March _, 2006 l
` * * *
_ AND NOW this day of , 2006, the foregoing
i Memorandum of Plea Agreement is hereby (accepted) (rejected) by the Court.
i The Honorable Sue L. Robinson
Y . United States District Judge
- . -4- I