Free Proposed Plea Agreement - District Court of Delaware - Delaware

Case 1 :05-cr-00031-GIVIS Document 13-2 Filed 08/12/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v_ Criminal Action No. 05-31-GMS
JOSE LUIS VASQUEZJUAREZ,
. Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its A
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, Jose Luis Vazquez—Juarez, by and
through his attorney, Pemry Marshall, Esquire, the following agreement is hereby entered into by
the respective parties:
l. The defendant, Jose Luis Vazquez-Juarez, agrees to plead guilty to Count One of
the Indictment charging him with re-entry after deportation in violation of Title 8, United States
Code, Section l326(a) which carries a maximum penalty of 2 years imprisonment, a $250,000
line, l year supervised release and a $100 special assessment.
2. The defendant understands that if there were a trial, the government would have to
prove the following elements with respect to Count One ofthe Indictment: (a) the defendant
previously had been deported; (b) subsequent to his deportation, the defendant was found in the
United States; and (c) neither the Attomey General nor the Undersecretary for Border and

Case--1:05—cr—00031—GlV|S Document 13-2 Filed 08/12/2005 Page 2 of 4
Transportation Security, Department of Homeland Security had consented to the defendant’s
reentry.
3. 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 4, 2002, he was deported from the
United States; (0) he was found in the United States on or about April l2, 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.
4. 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 the defendant falls within Criminal History
Category H and that with two points off for acceptance of responsibility, the defendant’s offense
level would be 6 and his sentencing range would be 1-7 months imprisonment. 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 understands that the Govemrnent will recommend
that the Court impose a sentence consistent with the sentencing range set forth by the sentencing
guidelines. Finally, the defendant understands that 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.
5. The defendant agrees to pay the $100 special assessment at the time of 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
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g 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.
L 6. Provided that the United States Attorney does not subsequently learn of conduct
bythe defendant inconsistent with acceptance of responsibility, the United States agrees to a two-
level reduction under USSG §3El.1(a) based on the defendant’s conduct to date.
7. 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. 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
U not receive the benefits he expects from any such stipulation or recommendation, the defendant
may not withdraw his guilty plea.
8. The parties understand that the defendant will request that he be sentenced
immediately following entry and acceptance of his guilty plea. The United States does not object
to an immediate sentencing. The defendant understands and agrees that the decision whether to
l sentence him immediately following entry and acceptance of the guilty plea is within the
exclusive discretion of the Court, and the Court’s decision not to sentence him immediately will
not provide a basis for him to attempt to 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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have no effect whatsoever, unless they comport with the subsequent written modification
requirements of this paragraph.
COLM F. CONNOLLY .
United States Attomey
BY:
Jose Luis Vazquez-Juarez Beth Moskow-Schnoll
Defendant Assistant United States Attorney
Penny Marshall
Attorney for Defendant
Dated:
AND NOW, this _ day of , 2005, the foregoing Memorandum of
Plea Agreement is hereby (accepted) (rejected) by this Court. .
HONORABLE GREGORY M. SLEET
United States District Court Judge
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