Free Plea Agreement - District Court of Delaware - Delaware

Case 1 :07-cr-00110-GIVIS Document 6 Filed 09/14/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff,
v_ Criminal Action No. 07-110 GMS
JOSE MANUEL ROA—BELMONTE,
Defendant.
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through Colm F.
Connolly, United States Attomey for the District of Delaware and Douglas E. McCar1n, Assistant
United States Attomey for the District of Delaware, and the defendant, Jose Manuel Roa—Belmonte,
by and through his attomey, Luis A. Ortiz, Esquire, the following agreement is hereby entered into
by the respective parties:
I. The defendant shall plead guilty in the United States District Court for the District of
Delaware to Count One of a Felony Infomration, which charges him with illegal reentry following
an order of removal, in violation of8 U.S.C. § l326(a). The maximum penalties for Cotmt One of
the Felony Information are two years imprisonment, a $250,000 fine, not more than one year of
supervised release, 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 of the offense: (I) the defendant
is an alien; (2) the defendant was removed from the United States; (3) the defendant thereafter was
found in the United States; (4) without having obtained pemrission from the Attomey General or the
Secretary of Homeland Security to reapply for admission to the United States.

Case 1:07-cr-00110-GIVIS Document 6 Filed 09/14/2007 Page 2 of 4
3. 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
tmderstands, 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
her attorney or the United States, the defendant will not be allowed to withdraw her guilty plea on
that basis.
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. § 3El.l(a).
5. 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.
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Case 1:07-cr-00110-GIVIS Document 6 Filed 09/14/2007 Page 3 of 4
6. The United States will file a motion to dismiss petty offense number 07-05 at or before
sentencing in this matter.
7. The United States Attorney reserves the right to defend any ruling of the District COUIT
should there be an appeal from this case.
8. It is fuxther agreed by the undersigned parties that this Memorandum supersedes all
prior promises, representations, and statements of the parties; that this Memorandtun may be
modified only in a written document signed by all the parties; and, that any and all promises,
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Case 1:07-cr-00110-GIVIS Document 6 Filed 09/14/2007 Page 4 of 4
representations, and statements made prior to or after this Memorandum are null and void and have
no effect whatsoever.
com/1 F. coNNoLLY
United States Attomey
` 5 ll.? // (/4 Q
% IJ,-[/-I/I/" I! 2 _ [L -
Lgis A. Ortiz, Esq Dougla/1E. McCann
Attorney for Defendant Assistant United States Attorney
S5; Aim! £¤& I $t»!/>zEZt7Z
Jose Manuel Roa-Belmonte
Defendant
Dated: 4l M fw
. r Ll Q ,/ .
AND NOW, this I "`I day of 2007, the foregoing Memorandum of Plea
Agreement is hereby (accepted) this Court.

HO o L REGoRY M. sLEEr
UNITED srATDs Drsrmcr JUDGE
F I L E D
SEP l 4 2007
4
U.S. DISTRICT COURT
DISTRICT OF DELAWARE