Free Plea Agreement - District Court of Delaware - Delaware

i / Case 1 .08-cr-00022-SLR Document 1 1 Filed 05/12/20(1£3·7‘;(AIi’;gpLL-of OO W4,
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[N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, g
v. g Criminal Action No. 08-22-SLR
VALERIANO ORTIZ-FLORES, i
Defendant. g
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attorneys, Colnr
F. Connolly, United States Attorney for the District of Delaware, and Edmond F algowski, Assistant
United States Attorney for the District of Delaware, and the defendant, Valeriano Ortiz-Flores, by and
through the defendant‘s attorney, Luis A. Ortiz, Esquire, the following agreement is hereby entered into
by the respective parties:
l. The defendant shall enter a guilty plea to the one count Indictment charging Reentry After
Deportation, a violation of Title 8, United States Code, Section l326(a) and (b)(l), which carries a
maximum penalty often years incarceration, a $250,000 fine, three years supervised release, and a $100
special assessment.
2. The elements of Reentry Alter Deportation are as follows:
(a) the defendant was deported from the United States;
(b) after deportation the defendant knowingly returned to the United States;

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(c) the defendant returned to the 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; and
(d) at the time the defendant returned to the United States he was not a citizen ofthe
United States.
3. The defendant agrees to pay the special assessment of $100 at the time of sentencing.
Should the defendant 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 defendar1t’s prison salary and apply it on the
defendant’s behalf to the payment of any outstanding debt ordered.
4. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in 18 U.S.C. Section 3553(a) in determining an
appropriate sentence. At this stage (prior to the preparation of the pre—sentence report), the defendant
should expect that the Government will recommend that the Court impose a sentence consistent with
the sentencing range set forth by the sentencing guidelines. The defendant understands, however, that
the ultimate determination of an appropriate sentence will be up to the sentencing judge. The Court
may impose a sentence which exceeds, falls below, or is contained within the sentencing range
prescribed by the sentencing guidelines. The defendant expressly acknowledges that if the Court
imposes a sentence outside the range set forth in the sentencing guidelines, or otherwise different than
the defendant expected, or contrary to the recommendation of his attorney or the United States, the
defendant will not be allowed to withdraw his guilty plea on that basis.
5. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees to recommend at sentencing a
2

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2-level reduction for acceptance of responsibility under U.S.S.G. § 3El . l(a). Ifthe offense level is 16
or greater, the United States will moved for an additional one point reduction, pursuant to U.S.S.G.
§ 3El.l(a) and (b).
6. It is further agreed by the parties that this Memorandum supersedes all prior promises,
representations, and statements ofthe undersigned parties; that this Memorandum maybe 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 have no effect whatsoever, unless they compoxt
with the subsequent written modification requirements of this paragraph.
COLM F. CONNOL I ‘
United States s · .•
' Jl l
aq>Y` A __
Luis A. Ortiz, Esquire Edmond Falgo i
Attorney for Defendant Assistant Unit • . t s Attorney
5/Mkgigggv
aleriano Ortiz-Flores
Defendant
Dated: 5- [2 -0 8
AND NOW this U·`**°¤ day of , 2008, the foregoing
Memorandum of Plea Agreement is hereby accepted (rejected) by this Court.
Eonorable Sue Robinson
United States Dist1·ict Court
3

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