Free Waiver of Indictment - District Court of Delaware - Delaware

Case 1 :07-cr-00110-GIVIS Document 5 Filed 09/14/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
UNITED STATES OF AMERICA, :
Plaintiff, E
v_ Criminal Action No. 07-110 GMS
JOSE MANUEL ROA-BELMONTE,
Defendant.
WAIVER OF INDICTMENT
l. Jose Manuel Roa—Belmonte, the above named defendant, who is accused of violating 8
U.S.C. § l326(a) (reentry after deportation), being advised of the nature of the charges and of his
rights, hereby knowingly, voluntarily and intelligently waives prosecution by indictment and
consents that the proceeding may be by information instead of by indictment.
2. The defendant understands that (a) unless he waives indictment, he could not be charged
with these offenses unless the Grand Jury found probable cause to believe he committed the
offenses and retumed an Indictment; (b) the Grand Jury is composed of at least sixteen, but not
more than twenty—three lay persons, and at least twelve of those grand jurors must find probable
cause to believe that the defendant committed these offenses before an Indictment could be
retumed; and (c) by waiving Indictment, the Govemment will be proceeding by a document
written by the United States Attomey and called an Information and the defendant will be
prosecuted on that Information, rather than on an Indictment.
3. The defendant has read and reviewed with his counsel the charges in the Information, and
is satisfied that his counsel has properly explained the charges and this waiver to him.

Case 1:07-cr-00110-GIVIS Document 5 Filed 09/14/2007 Page 2 of 2
4. No one has made the defendant any promises or threatened or forced the defendant to
waive indictment.
6% ALM UZQA l}a{»¢Wé.`
Jose Manuel oa-Belmonte L s . Ortiz, Esqui
Defendant Counsel for Defenda
Date; F"]! ,2.007
F l L E D