Pdf for the middle district of alabama northern division united

Pdf File 2,753.59 KByte, 201 Pages

Title: Fast Track Plea Agreements
Subject: This 201 page document is bookmarked alphabetically, by district, containing plea agreement samples, various forms and waivers, from many districts around the country (defendant names redacted).
Author:

Creator: Adobe Acrobat Pro 10.0.0
Producer: Adobe Acrobat Pro 10.0.0
CreationDate: Mon Apr 9 13:12:13 2012
ModDate: Wed Apr 25 16:22:11 2012
Tagged: yes
Form: AcroForm
Pages: 201
Encrypted: no
Page size: 612 x 790.08 pts (rotated 0 degrees)
File size: 2819677 bytes
Optimized: yes
PDF version: 1.7

  • PDF U.s. Bankruptcy Court for The Middle District of Alabama
  • PDF For the Middle District of Alabama Northern Division United ...
  • UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ...

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ...

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
UNITED STATES OF AMERICA )
)
v. ) CR. NO.
)
)
PLEA AGREEMENT
DEFENSE COUNSEL: _______,Esq.
ASSISTANT U.S. ATTORNEY: MONICA A. STUMP
COUNTSANDSTATUTESCHARGED:
Count 1 8 U.S.C. ? 1326(a)
Illegal Reentry of Previously Removed Alien
COUNTS PLEADING PURSUANT TO PLEA AGREEMENT:
Count1 8 U.S.C. ? 1326(a)
Illegal Reentry of Previously Removed Alien
PENALTIES BY COUNT -MAXIMUM PENALTY:
Count 1 8 U.S.C. ? 1326(a)
A term of imprisonment which may not be more than 2 years, a fine not to exceed
$250,000, or both the fine and the imprisonment; a term of supervised release of
no more than 1 year; an assessment fee of$100.00; and restitution to any victims
of the offense.
But if he was previously convicted of a felony: A term of imprisonment which
may not be more than 10 years, a fine not to exceed $250,000, or both the fine and
the imprisonment; a term of supervised release of no more than 3 years; an
assessment fee of$100.00; and restitution to any victims ofthe offense.
ELEMENTS OF THE OFFENSE:
To prove a violation of 8 USC ? 1326(a), the Government must prove that:
1. The defendant was an alien at the time alleged in the indictment;
2. The defendant had previously been deported or removed from the United States;
3. The defendant thereafter knowingly reentered or was found to be voluntarily in the
United States; and
4. The defendant had not received the consent ofthe Secretary of Homeland Security or
Attorney General of the United States to apply for readmission to the United States.
With the authorization of the defendant, the parties to this action have entered into
discussions with a view towards reaching a pretrial conclusion of the charges pending in the
Indictment. As a result of those discussions, the parties have reached a Plea Agreement. The
disposition contemplated by this Plea Agreement is pursuant to an early disposition (Fast-Track)
program authorized by the Attorney General of the United States and the United States Attorney
for the Middle District of Alabama. This Plea Agreement is being submitted to the Court
pursuant to Federal Rule of Criminal Procedure ll(c)(l)(A) and (c)(l)(C) and pursuant to
U.S.S.G. ? 5K3.1, and both the Government and the defendant understand that, in accordance
with that Rule, if the Court should decide not to accept the terms of the Plea Agreement, the
defendant has the right to withdraw his plea of guilty and proceed to trial.
The specific terms of the Plea Agreement are as follows:
GOVERNMENT'S PROVISIONS
1. For purposes of the calculation of the defendant's offense level under the United
States Sentencing Guidelines, pursuant to Fed. R. Crim. P. ll(c)(l)(C) and U.S.S.G. ?5K3.1, the
Government agrees with the defendant to the following:
a. The base offense level is eight. See U.S.S.G. ? 2Ll.2.
b. The Government agrees with the Defendant that a four level enhancement is
applicable under U.S.S.G. ? 2Ll.2(b)(l)(D) because the Defendant has a prior felony conviction
for Reentry of a Removed Alien (United States District Court for the Middle District of
Alabama, Jan. 24, 2008) which was punishable by imprisonment for a term exceeding one year.
2
c. The two-level reduction in the applicable offense level pursuant to U.S.S.G.
? 3E1.1 (a) for the defendant's acceptance of responsibility is appropriate, and if the defendant's
offense level is sixteen or more and should the Government find that the defendant assisted
authorities in the investigation or prosecution of his own misconduct by timely notifying
authorities of his intention to enter a plea of guilty, thereby permitting the Government to avoid
preparing for trial and permitting the Government and this Court to allocate their resources
efficiently, the Government agrees to move at sentencing for a further reduction of one level,
pursuant to U.S.S.G. ? 3El.l(b). Determination of whether the defendant met his obligations to
qualify for the reduction pursuant to U.S.S.G. ? 3El.l(b) is at the sole discretion of the United
States. The Government's obligation under this paragraph should become null and void if,
between the date of this agreement and the date of sentencing, defendant obstructs justice,
commits any new federal or state offenses, or otherwise fails to accept responsibility for the
offense.
d. A sentence at the low-end of the Guidelines Range, as calculated by the Court, is
appropriate in this case.
e. The Government agrees that the Defendant is eligible for participation in the fast
track program. Pursuant to U.S.S.G. ? 5K3.1 and defendant's timely request for consideration in
this program, and in light of Defendant's prior felony conviction, the Government agrees to
move at sentencing for a four-level downward departure.
2. This agreement is conditioned on the defendant having less than 13 criminal
history points and the information known to the Government about the defendant's criminal
history. If the defendant has 13 or more criminal history points, or if the government discovers a
prior conviction that would qualify for a greater enhancement under U.S.S.G. ?2L1.2(b)(l), other
3
than those disclosed to the defense prior to sentencing, the government shall have the right to
withdraw from this agreement.
3. If Defendant pleads guilty and is sentenced on Count 1 of the Indictment, the
Government further agrees not to pursue any other criminal charges against the defendant
stemming from the facts supporting his conviction in this case.
4. The Government reserves the right to inform the Court and the United States
Probation Office of all facts pertinent to the sentencing process, including all relevant
information concerning the offenses and the defendant's background.
5. The Government agrees with the defendant that this plea agreement contains all of
the terms, conditions, stipulations, and sentencing provisions, including any departures, to which
the Government and the defendant agree.
DEFENDANT'S PROVISIONS
6. The defendant agrees to plead guilty to Count 1 of the Indictment.
7. For purposes of the calculation of the defendant's offense level under the United
States Sentencing Guidelines, pursuant to Fed. R. Crim. P. 11 (c)(1 )(C), the defendant agrees
with the Government to the provisions stated above at paragraph 1.
8. The Defendant agrees to waive the right to argue at sentencing for any further
reductions, departures, adjustments, or variances, including reductions under 18 U.S.C. ?
3553(a).
9. Pursuant to Fed. R. Crim. P. ll(c)(1)(A), the defendant agrees with the
Government to the terms set forth in paragraph 3.
10. The defendant agrees to waive a full pre-sentence investigation.
11. The defendant agrees not to file any of the motions described in Fed. R. Crim. P.
12(b)(3).
4
12. The defendant further agrees not to commit any other federal, state, or local
offense while awaiting sentencing. The determination of whether the defendant's conduct is a
violation of this provision is at the complete discretion of the Government.
13. The defendant agrees with the Government that this plea agreement contains all of
the terms, conditions, stipulations, sentencing provisions, including any departures, to which the
Government and the defendant agree.
14. Waiver of the Defendant's Right to Appeal or Collaterally Attack the Sentence.
a. Defendant's Waiver. By entering into this Plea Agreement, the defendant
knowingly and voluntarily waives any and all of his rights under 18 U.S.C. ? 3742 to appeal the
sentence in this case. The defendant specifically waives his right to appeal the sentence on the
grounds that the Sentencing Guidelines are in any respect unconstitutional, or that any fact found
by the Court for sentencing was not alleged in the Indictment, admitted by the defendant, found
by a jury, or found beyond a reasonable doubt. The defendant further expressly waives his right
to appeal the conviction and sentence on any other ground, including any challenge to the
reasonableness of the sentence, and waives the right to attack the sentence in any post-conviction
proceeding.
b. Exceptions. This wmver does not include (and the defendant expressly
reserves) the right to appeal or collaterally attack his sentence on the grounds of ineffective
assistance of counsel. The defendant is released from this waiver if the Government files an
appeal under 18 U.S.C. ? 3742(b).
c. No Waiver by Government. Nothing in this Plea Agreement affects the
Government's right and/or duty to appeal the sentence imposed in the case, as set forth in 18
U.S.C. ? 3742(b). Nor does the Government waive its right to appeal any order dismissing the
5
Indictment, vacating a sentence, or otherwise terminating the prosecution at any stage of the
proceedings.
FACTUAL BASIS
15. The defendant admits the allegations charged in Count 1 of the Indictment and
understands that the nature of the charge to which the plea is offered involves proof the
defendant committed the crime of Illegal Reentry by an Alien Previously Removed as follows:
Defendant, , is a native and citizen of Mexico. He
has no authorized immigration status in the United States and is not a
citizen or national of the United States. On or about , at or
near New Orleans, Louisiana, R was removed from the United States.
also was removed from the United States on or about
2006, at or near the Hidalgo, Texas Port of Entry. Following each removal,
voluntarily and freely reentered the United States at the United
States-Mexico border. Each time he reentered the United States,
knew his actions were illegal and that he had not sought or obtained prior
permission from the Attorney General or the Secretary of Homeland
Security to reenter the country. On or about December 30, 2011, in
Chambers County, within the Middle District of Alabama, was
found to be voluntarily in the United States illegally.
Furthermore, for sentencing purposes, I admit that I was convicted of
Reentry of a Removed Alien, a felony under the laws of the United States,
on , and that I was represented by an attorney. That
offense at the time of sentencing was punishable by a term of imprisonment
of more than one year.
DEFENDANT'S UNDERSTANDING AND ACKNOWLEDGMENT
16. After conferring with his attorney and before entering a plea of guilty to Count 1,
the defendant advises the Court that he understands the following to be true:
a. The defendant has the right to plead not guilty, the right to be tried by a jury,
the right to the assistance of counsel at every stage of the proceedings, the right to confront and
cross-examine witnesses against him, the right to call witnesses on his behalf, and the right not to
be compelled to incriminate himself. By entering a plea of guilty, the defendant waives all of
those rights, and there will be no trial of any kind in this case.
6

Download Pdf File Online Preview