Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :05-cr-00034-GMS Document 27 Filed 1 1/O3/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, : I
Plaintiff,
v. Criminal Action No. 05-34-GMS
ALIPIO RODRIGUEZ,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its
attorney, Beth Moskow-Schnoll, Assistant United States Attorney for the District of Delaware,
and on behalf of and with the consent and knowledge of Colm F. Connolly, United States
Attorney for the District of Delaware, and the defendant, Alipio Rodriguez, by and through his
attomey, Christopher D. Tease, Esquire, the following agreement is hereby entered into by the
respective parties:
l. The defendant, Alipio Rodriguez, agrees to plead guilty to Count One of the
Superseding Indictment charging him with re-entry after deportation in violation of Title 8,
United States Code, Section l326(a) and (b)(2) which carries a maximum penalty of 20 years
imprisonment, a $250,000 fine, 3 years supervised release and a $100 special assessment.
2. At sentencing, the United States agrees to move to dismiss the Indictment that
was retumed against the defendant on April 14, 2005.
3. The defendant understands that if there were a trial, the government would have l
to prove the following elements with respect to Count One of the Indictment: (a) the defendant
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previously had been deported; (b) subsequent to his deportation, the defendant was found in the
United States; and (c) neither the Attorney General nor the Undersecretary for Border and
Transportation Security, Department of Homeland Security had consented to the defendant’s
‘ reentry.
4. The defendant knowingly, voluntarily, and intelligently admits the following
facts: (a) he is not a citizen of the United States; (b) on or about June 5, 2002, he was deported
from the United States to the Dominican Republic; (c) he was found in the United States on or
about March 25, 2005; and (d) neither the Attorney General nor the Undersecretary for Border
and Transportation Security, Department of Homeland Security, had consented to his reentry into
the United States.
0 5. The parties agree that, pursuant to U.S.S.G. § 2Ll .2(a), the defendant’s base
offense level is 8. The parties further agree that, pursuant to U.S.S.G. § 2L1.2(b)( l)(C), the
defendant receives an 8 level increase because the defendant was deported after a conviction for
an aggravated felony. 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 18 U.S.C. § 3553(a). The defendant further unders_tands
that the Government will recommend that the Court impose a sentence consistent with the
sentencing range set forth by the sentencing guidelines. Finally, the defendant understands that l
the Court may reject the sentencing guideline calculation contained in this paragraph and that
such rejection will not provide a basis for the defendant to attempt to withdraw his guilty plea.
6. The defendant agrees to pay the $100 special assessment at the time of
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Case 1:05-cr-00034-Gl\/IS Document 27 Filed 11/O3/2005 Page 3 of 4
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
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.
7. Provided that the United States Attomey does not subsequently learn of conduct
by the defendant inconsistent with acceptance of responsibility, the United States agrees to a
three-level reduction under USSG §3E1.l(b) based on the defendant’s conduct to date.
8. The parties reserve the right to defend the probation officer’s findings at the
sentencing hearing and to defend the sentencing court’s rtrlings at any subsequent proceedings,
including any appeal. The parties realize that the Court is not bound by any stipulations reached
by the parties. The defendant understands and agrees that 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 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
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Case 1:05-cr-00034-Gl\/IS Document 27 Filed 11/O3/2005 Page 4 of 4
have no effect whatsoever, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY
United States Attomey
. ‘ . - .5il ¤ tit .— T . Y- r Q ’Lii C ‘’*‘ (
A- i.- V %.l itp A _i»#i 9
L ·~l, i i 0 ” i i; V ` Q i BYZ
Alipio Rodriquez Beth Moskow-Schnoll
Defendant Assistant United States Attomey
g . ' }‘ p J A
Chris opher Tease
Attomey for Defendant
n D&t€dZ i }I
AND NOW, this day of , 2005, the foregoing Memorandum of
Plea Agreement is hereby (accepted) (rejected) by this Court. C
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. . A ‘ ‘t.
a a Y Y
HON ` · L GREGORY M. SLEET
United States District Court Judge
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