Free Plea Agreement - District Court of Delaware - Delaware

I J Case 1;07-cr-00120-SLR Document 41 Filed O4/10/%g1?&g_&€{Qt&,1
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, )
Plaintiff, )
v. ) Criminal Action No. 07-120-2-SLR
MANLIO YOVANI i
MARTINEZ RODRIGUEZ, )
)
)
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 Shawn A. Weede, Assistant
United States Attorney for the District of Delaware, and the defendant, Manlio Yovani Martinez-
Rodriguez, by and through his attorney, José L. Ongay, Esquire, the following agreement is hereby
entered into by the respective parties:
1. The defendant agrees to plead guilty in the United States District Court for the District of
Delaware to Count One of the Indictment, which charges him with transporting illegal aliens for the
purpose of commercial advantage and private financial gain, in violation of 8 U.S.C. § 1 324(a)(l)(A)(ii)
& (a)(l)(B)(I). The maximum penalties for Count One are ten years imprisomnent; a $250,000 fine;
a term of supervised release of three years; and a $100.00 special assessment.
2. The defendant understands that if there were a trial, the Government would have to prove
beyond a reasonable doubt the following essential elements ofthe offense: (1) that on or about August
5, 2007, the defendant transported or moved an alien within the United States, (2) that the alien was
present in violation of the law, (3) that the defendant was aware of the alien’s status, (4) that the

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defendant acted wilfully in furtherance ofthe alien’s violation of the law; and (5) that the offense was
done for the purpose of commercial advantage or private financial gain.
3. In connection with the pa1ties’ agreement, the defendant acknowledges that on or about
August 5, 2007, he transported or moved l 1 illegal aliens within the United States; that the aliens were
present in the United States in violation of law; that the defendant was aware that the aliens were
present in the United States in violation of law; that he acted wilfully in further ofthe aliens’ violation
of law; and that he committed the offense for the purpose of commercial advantage or private Enancial
gain.
4. Provided that the United States does not learn after the entry ofthe defendant’s guilty plea
of conduct by the defendant that is inconsistent with acceptance of responsibility, the United States
agrees to recommend a two-level reduction in the defendant’s sentencing guideline range pursuant to
U.S.S.G. § 3E1.l. Further, if it is determined that the defendant’s Offense Level, prior to the
application of the aforementioned two-level reduction, is Level 16 or greater, the government agrees
to move for the reduction of the Offense Level by one additional level, pursuant to Sentencing
Guideline Section 3E l . l(b), for a total reduction of three points.
5. In light ofthe defendant’s role in the offense, pursuant to U.S.S.G. § 3B l .2(b), the United
States agrees to recommend that the defendant receive a further two-level reduction in his Offense
Level.
6. The defendant understands that the District Court must consider the United States
Sentencing Guidelines and the factors set forth in Title 18, United States Code, Section 3553(a) in
determining an appropriate sentence. The defendant also understands 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
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range set forth in the Sentencing Guidelines, or otherwise different than the defendant expected, or
contrary to the recommendation of his attomey or the United States, the defendant will not be allowed
to withdraw her guilty plea on that basis.
7. The defendant agrees to pay the $100 special assessment the day of sentencing. Should
he fail to do so, the defendant agrees to enter voluntarily into 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 of the outstanding debt ordered.
8. The defendant agrees to forfeit to the United States pursuant to 18 U.S.C. § 982(a)(6),
and 8 U.S.C. § l324(b) & 28 U.S.C. § 246 1 (c), all conveyances used in the commission ofthe violation;
all property, real and personal, that constitutes or is derived from or is traceable to proceeds obtained
directly or indirectly Hom the commission of the offense; and all property, real or personal, that was
used to facilitate, or was intended to be used to facilitate the commission ofthe offense, including but
not limited to, $2,800 in U.S. Currency. Defendant acknowledges that all property covered by this
agreement is subject to forfeiture as property facilitating illegal conduct and involved in illegal conduct
giving rise to forfeiture. The defendant further agrees to waive all interest in any such asset i11 any
administrative or judicial forfeiture proceeding, whether criminal or civil, state or federal; agrees to
consent to the entry of orders of forfeiture for such property; and waives the requirements of Federal
Rules of Criminal Procedure 32.2 and 43(a) regarding notice of the forfeiture in the charging
instrument, announcement of the forfeiture at sentencing, and incorporation of the forfeiture in the
judgment. Defendant acknowledges that he understands that the forfeiture of assets is part of the
sentence that may be imposed in this case and waives any failure by the court to advise him of this,
pursuant to Rule 11(b)(l)(J), at the time his guilty plea is accepted. The defendant further agrees to
waive all constitutional and statutory challenges in any manner (including direct appeal, habeas corpus,
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or any other means) to any forfeiture carried out in accordance with this Plea Agreement on any
grounds, including that the forfeiture constitutes an excessive fine or punishment. The defendant also
agrees to take all steps as requested by the United States to pass clear title to forfeitable assets to the
United States, and to testify truthfully in any judicial forfeiture proceeding.
9. The United States Attomey reserves the right to defend any ruling of the District Court
should there be an appeal hom this case.
l0. It is further agreed by the undersigned parties that this Memorandum supersedes all prior
promises, representations, and statements ofthe parties; that this Memorandum may be modified only
in a written document 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.
COLM F. CO OLLY
Unite Attorney
il é L. Ong By: *1 '· . Weede
· omey for • A » tU11ited States Attomey
Plemtm Ma trite;.
Manlio Yovani Martinez-Rodriguez
Defendant
Dated: 'rl rl ° *°Zj
AND NOW, this 0% day of ;@ , 2008, the foregoing Memorandum of Plea
Agreement is hereby accepted) (rejected) by this Court.
The gonorable 5% L. Robinson
United States District Judge
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