Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :05-cr-00108-GIVIS Document 18 Filed O3/27/2006 Page 1 of 4
i IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action N0. 05-108-GMS
ANDRES VALLEJO-MARTINEZ, )
Defendant. )
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 Adam
Safwat, Assistant United States Attorney, and Eleni Kousoulis, Esquire, attomey for the
defendant, ANDRES VALLEJO—MARTINEZ, the following agreement is hereby entered into by
the respective parties:
1. The defendant agrees to enter a guilty plea to the one count indictment charging
Reentry After Deportation by an Aggravated Felon, a violation of Title 8, United States Code,
Section l326(a) and (b)(2), which carries a maximum penalty of twenty years incarceration, a
$250,000 fine, three years supervised release, and a $100 special assessment.
2. The elements of the offense of Reentry Aiter Deportation by an Aggravated Felon,
each of which the government would have to prove beyond a reasonable doubt at trial, are: (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 the

Case 1:05-cr-00108-GIVIS Document 18 Filed O3/27/2006 Page 2 of 4
United States without the permission of either the Attorney General ofthe 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 29, 2003, and that
he re-entered the United States in or around June 2005, without inspection by a U.S. Immigration
Officer. The defendant further admits that prior to his re-entry into the United States, he had not
applied for permission to re-enter from U.S. immigration authorities. The defendant further
admits that on September 17, 2002, in Delaware Superior Court, New Castle County, he was
convicted of unlawful sexual contact in the third degree with a minor, in violation of Title l 1,
Delaware Code, Section 767.
4. The United States will recommend a three-level reduction in the offense level for
the charge above for the defendant’s affirmative acceptance of responsibility under Sentencing
Guideline § 3El.l. The United States makes this recommendation- because the defendant has
timely notified authorities of his intention to enter a plea of guilty, thereby permitting the United
States to avoid preparing for trial and permitting the Court to allocate its resources efficiently.
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
detennine 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.
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Case 1:05-cr-00108-GIVIS Document 18 Filed O3/27/2006 Page 3 of 4
The defendant further understands that the Court is not bound by any stipulations or
recommendations of the parties. The defendant agrees that he will not be allowed to withdraw
his guilty plea because the Court calculates the guidelines differently than he expects, or imposes
a sentence greater than what he expects, or imposes a sentence contrary to any stipulation of the
parties or recommendation of his attomey.
6. The defendant agrees to the special assessment of $100 at the time of sentencing.
7. If the Court sentences the defendant to a term of incarceration and orders the
payment of any special assessment or fine as part of the defendant’s sentence, the defendant
agrees voluntarily to 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 the defendant’s prison salary and apply it on the defendant’s behalf to. the payment of
the outstanding debt ordered.
8. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and to defend the sentencing court’s rulings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. However, if the Court decides not to follow any stipulation or recommendation in
this Memorandum of Plea Agreement, or if the defendant does not receive the benefits he expects
from any such stipulation or recommendation, the defendant may not withdraw his guilty plea.
9. It is further agreed by the undersigned parties that this Memorandum supersedes
all prior promises, representations, and statements of the undersigned parties; that this
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Case 1:05-cr-00108-GIVIS Document 18 Filed O3/27/2006 Page 4 of 4
V memorandum may be modified only in a written agreement executed by all the undersigned
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 committed to writing in the
manner so provided in this paragraph.
COLM F. CONNOLLY
United States Attorney
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E Z ‘ Q ` /,-7 /,,17
BY; _/· (aa/a LA ·<’ -I/—
Eleni Kousoulis, Esquire Adam Safwat
Attorney for Defendant, Assistant United States Attorney
Andres Vallejo-Martinez
[Q/ldvzzs gidiiqé 3;
Andres Vallejo-Martinez
Defendant
Dated: March , 2006
* >l< *
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AND NOW this Ll day of °*'—” , 2006, the foregoing
Memorandum of Plea Agreement is hereby (accepted) (rejected) by the Court.
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*’/Ii .» _x" . .·./ ·" \_
THE I ONO LE GREGO Y M. SLE T-..- `
UNITED STATES DISTRICT IUDGE
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