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United States v. Reyes-Zarate

United States District Court, S.D. California

July 30, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
DANIEL REYES-ZARATE, Defendant.

ORDER

WILLIAM Q. HAYES, District Judge.

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 filed by Defendant Daniel Reyes-Zarate. (ECF No. 99).

BACKGROUND FACTS

On October 21, 2013, Defendant Daniel Reyes-Zarate was arrested.

On November 14, 2013, an Information was filed charging the Defendant with a violation of 8 U.S.C. §1326(a) and (b).

On February 25, 2014, Plaintiff United States and the Defendant entered into a plea agreement. (ECF No. 74). Defendant agreed to waive indictment, and agreed to plead guilty to the Information. 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 in part as follows:

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:
1. Base Offense Level [USSG § 2L1.2] 8
2. Prior Conviction (FN 1)
[USSG § 2L1.2(b)(1)(A) (B) (C) (D) (E)]
(Specific Offense Characteristic to be determined by the Court at time of sentencing following preparation of a presentence report.)
3. Acceptance of Responsibility [USSG ...

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