Free Plea Agreement - District Court of Delaware - Delaware

Case 1:07-cr-00108-GIVIS Document 15 Filed 10/O4/2007 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- [G9 —
ALF ONSO TREJO—PONCE, )
Defendant. )
MEMORANDUM OF PLEA AGREEMENT
Pursuant to discussions between the United States of America, by and through its attomey,
Colm F. Connolly, United States Attorney for the District of Delaware, and Robert F. Kravetz,
Assistant United States Attorney, and the defendant, Alfonso Trejo-Ponce, by and through his
attorney, Luiz A. Ortiz, Esquire, the following agreement is hereby entered into by the respective
parties:
l. The defendant shall waive indictment and plead guilty in the United States District
Court for the District of Delaware to Count One of a Felony Information, which charges him with
illegal reentry following an order of removal subsequent to an aggravated felony conviction, in
violation of8 U.S.C. § l326(a) & (b)(2). The maximum penalties for Count One are twenty years
imprisonment, a $250,000 fine, three years of supervised release, and a $100.00 special assessment.
2. The defendant understands that if there were a trial, the Govemment would have to
prove beyond a reasonable doubt the following essential elements of the offense: (l) 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 permission from the Attorney General or the
Secretary of Homeland Security to reapply for admission to the United States.

Case 1:07-cr-00108-GIVIS Document 15 Filed 10/O4/2007 Page 2 of 4
3. The Govemment represents to the defendant its belief that the defendant’s conviction
for Terroristic Threatening, under Title l l, Section 621 of the Delaware Code, prior to his removal
from the United States, was an "aggravated felony offense" as defined in 8 U.S.C. llOl(a)(43)(F).
4. The United States represents to the defendant that, based on the information available,
the United States estimates that his offense level under the United States Sentencing Guidelines
(before acceptance of responsibility) should be 24. That offense level calculation utilizes a base
offense level of 8 (U.S.S.G. § 2Ll.2(a)), which is increased 16 levels because defendant previously
was removed from the United States after a conviction for a crime of violence. (U.S.S.G. §
2Ll .2(b)(l)(A)).
5. 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
detemiining an appropriate sentence. At this stage (prior to the preparation of the pre-sentence
report), the defendant should expect that the Govermnent 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 detennination 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 attomey or the United States, the defendant will not be allowed to withdraw his guilty plea on
that basis.
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Case 1:07-cr-00108-GIVIS Document 15 Filed 10/O4/2007 Page 3 of 4
6. Provided that the United States does not learn after the entry of the defendant’s guilty
plea of conduct by the defendant that is inconsistent with acceptance of responsibility, the United
States agrees to recornrnend a three-level reduction in the defendant’s sentencing guideline range
pursuant to U.S.S.G. § 3El.l(b).
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 United States Attomey reserves the right to defend any ruling of the District Court
should there be an appeal from this case.
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Case 1:07-cr-00108-GIVIS Document 15 Filed 10/O4/2007 Page 4 of 4
9. 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 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. CONNOLLY
United States Attorney
/ .
Luis A. Ortiz, squ e Ro ert F. Kravetz
Attomey for Defend Assistant United State orney
Alfonso Trejo-Ponce
Defendant
Dated: October 4, 2007
" @95 [ ·
AND NOW, this Ll day of ' , 2007, the foregoing
Memorandum of Plea Agreement is hereby (accepted){-r=ej-ec.ted.).by this Court.
Hon. %regory Sleet S
Chief nited States District Judge
F I L E D
4 0CT — 4 2007
us. msrmcr count
msrmcr or DELAWARE