Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00152-JJF Docu t 10 ~ Filed ‘· /1_§/· Y =‘¢E"afg·é( 15 { Qi U l;Yt3é`§'
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IN THE UNITED STATES I)ISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case No. 07-152-JJF
) F ..` . .. ‘ ` ""1
Alejandro LOPEZ-LOPEZ aka ) I Q i i _ Lt 1
José LOPEZ—MAGALLA, aka ) T ""”" "' {
José LOPEZMAYALLA, aka ) g \ ,_, l C ,0,,, 4
Defendant. ) " "" ` U L N
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a C‘;`T%*E;¤ E7 `=E‘ ‘·.e.¤F‘F ‘
MEMORANDUM OF PLEA AGREEMENT ` ` " ` 'U " ` ` i " J
Pursuant to discussions between the United States of América, by and through its attomeys,
Colm F. Connolly, United States Attorney for the District of Delaware, and Shannon T. Hanson,
Assistant United States Attorney, and the defendant, Alejandro LOPEZ-LOPEZ, aka José Lopez-
Magalla, aka José Lopez—l\/layalla, by and through his attorney, Keir Bradford, Esquire, the following
agreement is hereby entered into by the respective parties:
l. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with illegal re—entry after removal, in
violation of8 U.S.C. §l326(a).
2. The maximum penalties for this offense are two years imprisonment, a fine of $250,000,
or both, one year of supervised release, and a $100 special assessment.
3. The defendant understands that if there were a trial on Count l of the Indictment, the
Government would have to prove that: (l) the defendant is an alien; (2) on or about December 9,
l999, May 19, 2005, and/or October l0, 2005, the defendant was removed from the United States,
(3) on or about October 16, 2007, the defendant was found in the United States; (4) the defendant

Case 1:07-cr-00152-JJF Document 10 Filed 01/16/2008 Page 2 of 4
was knowingly present in the United States; and (5) neither the Attorney General nor the
Undersecretary for Border and Transportation Security ofthe Department of Homeland Security had
expressly consented to the defendant’s re—application for admission.
4. Provided that the United States does not subsequently learn of conduct by the defendant
inconsistent with acceptance of responsibility, the United States agrees that in consideration of the
defendant’s timely guilty plea, the Government will not oppose a two—point reduction in the
Sentencing Guideline Offense Level for the defendant’s affirmative acceptance of responsibility.
The United States makes this recommendation because the defendant timely has notified authorities
of his intention to enter a plea of guilty, thereby permitting the Government to avoid preparing for
trial and permitting the Court to allocate its resources efficiently.
5. 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 ofthe 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 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.
2

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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
defendant’s prison salary and apply it on defendant’s behalf to the payment ofthe outstanding debt
ordered.
7. The United States Attorney reserves the right to defend any ruling ofthe District Court
should there be an appeal from this case.
8. It is further agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the 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 have no effect whatsoever,
3 u

Case 1:07-cr-00152-JJF Document 10 Filed 01/16/2008 Page 4 of 4
unless they comport with the subsequent written modification requirements of this paragraph.
COLM F. CONNOLLY
United States Attorney
·\ _ __ ..> _
BY: 1 ``` i V ‘ `°*·*·""“~
Keir radford __§hannon‘-il`. Ha on
Attorney for Defendant Assistant States Attorney
A,/{jg, QJEQ Q 23;,;:]- gp gi.
Alejandro Lopez—Lopez
Defendant
Dated: C \\iL¤\¥»‘€@
AND NOW, this /. 6 day of , 2008, the foregoing Memorandum
xl I
of Plea Agreement is hereby (rqf’6€,{e@1‘)Jby this Court.
..t& algia 0, a-am. Q
Hondra E le J o" eph »Faman, Jr.
United States District Judge
4

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