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Case 1:12-cr-00217-JCC Document 22

Filed 08/20/12 Page 1 of 14 PageID# 40

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF VIRGINIA Alexandria Division
UNITED STATES OF AMERICA CRIMINAL NO. 1:12-CR-217

MAURICIO SANTOYO VELASCO,
Defendant.
PLEA AGREEMENT

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, Michael P.
Ben'Ary, AssistantUnited States Attorneys, the defendant, MAURICIO SANTOYO VELASCO,
and the defendant's counsel have entered into an agreement pursuant to Rule 11 of the Federal

Rules of Criminal Procedure. The terms of the agreement are as follows:
1. Offense and Maximum Penalties

The defendant agrees to waive indictment and plead guilty to a single count criminal

information charging the defendant withconspiring to provide material support and resources to
a designated foreign terrorist organization, specifically the United Self-Defense Forces of

Colombia ("AUC"), in violation of Title 18, United States Code, Section 2339B. The maximum penalties for this offense are a term of 15 years in prison, a fine of $250,000, a special assessment, and supervised release for life. The defendantunderstands that this supervised
release term is in addition to any prison term the defendant may receive, and that a violation of a term of supervised release could result in the defendant being returned to prison for the full term

of supervised release.

Case 1:12-cr-00217-JCC Document 22

Filed 08/20/12 Page 2 of 14 PageID# 41

2.

Detention Pending Sentencing

The defendant understandsthat this case is governed by Title 18, United States Code,

Sections 3143(a)(2) and 3145(c). These provisions provide that a judicial officer shall order that
a person who has been found guilty of an offense of this kind be detained unless there are statutory justifications why such person's detention would not be appropriate.
3. Factual Basis for the Plea

The defendant will plead guiltybecause the defendant is in fact guilty of the charged
offense. The defendant admits the facts set forth in the statement of facts filed with this plea

agreement and agrees that those facts establish guilt of the offense charged beyond a reasonable

doubt. The statement of facts, which is hereby incorporated into this plea agreement, constitutes
a stipulation of facts for purposes of Section1B1.2(a) of the Sentencing Guidelines.
4. Assistance and Advice of Counsel

The defendant is satisfied that the defendant's attorney has rendered effective assistance.

The defendant understands that by entering into this agreement, defendant surrenders certain rights as provided in this agreement. The defendant understands that the rights of criminal
defendants include the following:

a.b. c.

the right to plead not guilty and to persist in that plea;
the right to a jury trial; the right to be represented by counsel - and if necessary have the court

appoint counsel - at trial and at every other stage of the proceedings; and

Case 1:12-cr-00217-JCC Document 22

Filed 08/20/12 Page 3 of 14 PageID# 42

d.

the right at trial to confront and cross-examine adversewitnesses, to be

protected from compelled self-incrimination, to testify and present
evidence, and to compel the attendance of witnesses.
5. Role of the Court and the Probation Office

The defendant understands that the Court has jurisdiction and authority to impose any
sentence within the statutory maximum described above but that the Court will determine the

defendant's actual sentencein accordance with Title 18, United States Code, Section 3553(a). The defendant understands that the Court has not yet determined a sentence and that any estimate
of the advisory sentencing range under the U.S. Sentencing Commission's Sentencing Guidelines

Manual the defendant may have received from the defendant's counsel, the United States, or the

Probation Office, is a prediction, not a...
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