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

I- _ an U I Casei1 :05-cr—00-1 Document 32 Filed 12/28/2006 Page 1 of 2
_` IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff] g
v. I Criminal Action No. 05 -1 08-GMS
_ ANDRES VALLEI O—MART1NEZ, I
l - Defendant. 3
· JOINT MOTION TO AMEND PLEA AGREEMENT
COMES NOW the United States of America, by and through its attorney Edmond Falgowski,
an Assistant United States Attorney for the District of Delaware, and Eleni Kousoulis, Esquire, attorney I
` I for the defendant, Andres Vallejo-Martinez, and move to amend the Memorandum of Plea `
Agreement. In support ofthe joint motion, the parties state the following:
1. The Memorandum of Plea Agreement, executed by the parties on March 27, 2006, E
- I provides in paragraph 9 that it "may be modified only in a written agreement executed by all the
undersigned pa1ties." l l
2. Paragraphs 1 and 2 of the Memorandum of Plea Agreement inaccurately recites that the
defendant was deported as an aggravated felon and is subject to 20 years incarceration pursuant to I
` i 8 U.S.C. § 1326(a) and (b)(2). The parties agree that the Memorandum of Plea Agreement should
reflect that the defendant was deported as a felon and is subject to 10 years incarceration pursuant Q
` to 8 U.S.C. § 1326(a) and (b)(1).

- ‘ Case 1 :05-or-00108-GIVIS Document 32 Filed 12/28/2006 Page 2 of 2
WHEREFORE, the parties respectfully request that at sentencing they be permitted to amend
I the original Memorandum of Plea Agreement to reflect the above-referenced modifications.
COLM F. CONNOLLY
United States Attorney
. AV
g {
/s/ Eleni Kousoulis By: /s/ Edmond Fal ow .
_ l Eleni Kousoulis, Esquire Edmond Falgowski
_ " Counsel for Defendant Assistant United States Attorney
- Dated:
IT IS SO ORDERED this day of , 2006.
Honorable Gregory M. Sleet -
U United States District Court Judge