Free Order on Motion to Amend/Correct - District Court of Delaware - Delaware

AA .A A. A AAAA A A AA- AAAA Case .1.:05-cr¢0.O1.08.-GIVISA Document.34 A. -Filed-O1 /O4/2007 .. Page 1 of .2... A. . _. _. ,
- _‘ IN T HE UNITED STATES DISTRICT COURT
` l A FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
" S Plaintiff l g
_ v. g Criminal Action No. 05-lO8—GMS
l - ANDRES VALLE.IO—MARTH\IEZ, g A
_ l -· Defendant. g
· JOINT MOTION TO AMEND PLEA AGREEMENT
_ U COMES NOW the United States of America, by and through its attorney Edmond Falgowski,
S l I A Assistant United States Attorney for the District of Delaware, and Eleni Kousoulis, Esquire, attorney
· I l for the defendant, Andres Vallejo-Martinez, and move to amend the Memorandum of Plea I
‘ Agreement. In support of the joint motion, the parties state the following:
I l. The Memorandum of Plea Agreement, executed by the parties on March 27, 2006, {
_ - fg .. provides in paragraph 9 that it "may be modified only in a written agreement executed by all the
`undersigned parties." I l
- _ - 2. Paragraphs 1 and 2 ofthe Memorandum of Plea Agreement inaccurately recites that the I
i defendant was deported as an aggravated felon and is subject to 20 years incarceration pursuant to
l S S 8 U.S.C. § 1326(a) and (b)(2). The parties agree that the Memorandum of Plea Agreement should
W reflect that the defendant was deported as a felon and is subject to I0 years incarceration pursuant .
i“.·Ato 8U.S.C. § l326(a) and (b)(l). _

g . _ .. Case.1:O5-cr—OO108-GIVIS Document 34 . Fi|.edrOo1 /O4/2007 Page 2 ot 2 . .. . u ._a»a.. t
‘ WHEREFORE, the paiti es respectfully request that at sentencing they be permitted to amend
` the original Memorandum of Plea Agreement to reflect the above-referenced modifications.
COLM F. CONNOLLY
` United States Attomey
u E 44
/s/ Eleni Kousoulis By: /s/ Edmond Fal ow .
_ J l Eleni Kousoulis, Esquire Edmond Falgowski
V ` `‘V‘ Counsel for Defendant Assistant United States Attorney
_ Dated: l
. _ IT IS SO ORDERED this da? of Q WM , 2096.
_ ‘ V .H0n0 able Gregory M. Sleet --
.. _ United States District Court Judge
~ i ._ F I L E D
i at are JAN-ZEZUUYE S S
u.s. msrmcr counr
‘ . _ . - msrmcr or DELAWARE