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United States of America v. Manuel Alarcon-Maldonado

August 23, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MANUEL ALARCON-MALDONADO, DEFENDANT.



The opinion of the court was delivered by: Hayes, Judge:

ORDER

The matter before the Court is the Defendant's motion for specific performance of the plea agreement and sentencing before a different district court judge. (ECF No. 24).

BACKGROUND FACTS

On May 15, 2012, Defendant was arrested for illegally reentering the United States in violation of 8 U.S.C. § 1326.

On May 17, 2012, Defendant was arraigned on a complaint.

On May 18, 2012, an Assistant United States Attorney sent an informal offer to counsel for the Defendant which stated:

BOL=8

AR-2 FT-4 AOL=6 CHP=0/CHC I (This is a tentative determination. There is some inconsistencies in the RAP sheets that need further investigation which could result in a new SOC and CHP)

Range: 0-6 months

Offer: 60 days stipulated sentence, immediate sentencing. (ECF No. 24-1 at 3).

On June 19, 2012, the United States and the Defendant entered into a Plea Agreement. (ECF No. 16). Defendant agreed to waive indictment and to plead guilty to a single-count Information charging a violation of 8 U.S.C. § 1326(a). Defendant agreed not to file or argue any substantive motions. Defendant waived his trial rights. Defendant acknowledged that the sentence imposed will be based upon the factors set forth in 18 U.S.C. § 3553(a) and that the Court must consult the sentencing guidelines and take them into account. The Plea Agreement stated in part: "Nothing in this plea agreement shall be construed as limiting the Government's duty to provide complete and accurate facts to the district court and the U.S. Probation Office." Id. 6. The Plea Agreement provided:

SENTENCING GUIDELINE CALCULATIONS Although the parties understand that the Guidelines are only advisory and just one of the factors the Court will consider under 18 U.S.C. § 3553(a) in imposing a sentence, the parties will jointly recommend the following Base Offense Level, Specific Offense Characteristics, Adjustments and Departures (if applicable):

1. Base Offense ...


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