Memorandum Of Plea Agreement (Page 2 of 4) in pdf

Memorandum Of Plea Agreement Page 2

Case 1:05-cr-00034-GMS

Document 22

Filed 10/26/2005

Page 2 of 4

previously had been deported; (b) subsequent to his deportation, the defendant was found in the

United States; and (c) neither the Attorney General nor the Undersecretary for Border and

Transportation Security, Department of Homeland Security had consented to the defendant’s

reentry.

The defendant knowingly, voluntarily, and intelligently admits the following

facts: (a) he is not a citizen of the United States; (b) on or about June 5, 2002, he was deported

from the United States to the Dominican Republic; (c) he was found in the United States on or

about March 25, 2005; and (d) neither the Attorney General nor the Undersecretary for Border

and Transportation Security, Department of Homeland Security, had consented to his reentry

into the United States.

The parties agree that, pursuant to U.S.S.G. § 2L1.2(a), the defendant’s base

offense level is 8. The parties further agree that, pursuant to U.S.S.G. § 2L1.2(b)(1)(C), the

defendant receives an 8 level increase because the defendant was deported after a conviction for

an aggravated felony. The defendant understands that at sentencing the District Court must

consider the United States Sentencing Guidelines and take them into account in exercising its

discretion to determine the appropriate sentence and must also consider the other factors bearing

on an appropriate sentence pursuant to 18 U.S.C. § 3553(a). The defendant further understands

that the Government will recommend that the Court impose a sentence consistent with the

sentencing range set forth by the sentencing guidelines. Finally, the defendant understands that

the Court may reject the sentencing guideline calculation contained in this paragraph and that

such rejection will not provide a basis for the defendant to attempt to withdraw his guilty plea.

The defendant agrees to pay the $100 special assessment at the time of

Memorandum Of Plea Agreement Page 2