CMP NIN DA Bw WYK

NN NY N YN NN KY HY HH fod on
SXIAAARHNH SF FEOxe DAAGRARKoOS

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 5 of 9

determine whether defendant is in breach of this agreement and, if so, to permit the
government to withdraw from the plea agreement. This waiver shall not be constructed to
bar a claim by the defendant of ineffective assistance of counsel.

Reinstitution of Prosecution

Nothing in this agreement shall be construed to protect the defendant in any way
from prosecution for perjury, false declaration or false statement, or any other offense
committed by the defendant after the date of this agreement. In addition, if the defendant
commits any criminal offense between the date of this agreement and the date of
sentencing, the government will have the right to withdraw from this agreement. Any
information, statements, documents and evidence which the defendant provides to the
United States pursuant to this agreement may be used against the defendant in all such
proceedings.

If the defendant's guilty plea is rejected, withdrawn, vacated, or reversed by any
court in a later proceeding, the government will be free to prosecute the defendant for all
charges as to which it has knowledge, and any charges that have been dismissed because
of this plea agreement will be automatically reinstated. In such event, the defendant waives
any objections, motions, or defenses based upon the Speedy Trial Act or the Sixth
Amendment to the Constitution as to the delay occasioned by the later proceedings.
Defendant agrees that the stipulated sentencing ranges set forth under "Agreements
Regarding Sentence" will not be offered if prosecution is re-instituted.

Disclosure of Information to U.S. Probation Office

The defendant understands the government's obligation to provide all information
in its file regarding defendant to the United States Probation Office. The defendant fully
understands and agrees to cooperate fully with the United States Probation Office in

providing all information requested by the probation officer.

Ul



© PI DA Bw HK

NY NY NY YN N NY HY HY HH a See
SIA DAA KR HONHS SF SSCeH UA ARE OHS

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 8 of 9

outside the two documents.
I am not now on or under the influence of any drug, medication, liquor, or other

intoxicant or depressant, which would impair my ability to fully understand the terms and

conditions of this agreement.

Q¥ sR <adreZ> ymiav/ a NAY dot al
Date Maria Mendoza-Mendoza
Defendant

DEFENSE ATTORNEY'S APPROVAL

I have discussed this case and the Plea Agreement, together with this Plea Addendum,

with my client in detail and have advised the defendant of all matters within the scope of
Fed. R. Crim. P. 11, the constitutional and other rights of an accused, the factual basis for
and the nature of the offense to which the guilty plea will be entered, possible defenses,
and the consequences of the guilty plea including the maximum statutory sentence possible.
I have further discussed the sentencing guideline concept with the defendant. No
assurances, promises, or representations have been given to me or to the defendant by the
United States or by any of its representatives which are not contained in the Plea Agreement
and this Plea Addendum.

I concur in the entry of the plea as indicated above and on the terms and conditions
set forth in the Plea Agreement and this Plea Addendum as in the best interests
of my client. I agree to make a bona fide effort to ensure that the guilty plea is entered in

accordance with all the requirements of Fed. R. Crim. P. 11.

\Q /26 /ROAS ua t— }

Date Yodd Romero (
Attorney for Defendant

UNITED STATES' APPROVAL

Ihave reviewed this matter and the plea agreement. I agree on behalf of the United



oO OPI DA BP wW HHH

NY NY N YN NN NY NY HY ee ew ee ee Ee iL
eorANI AH FH NHN KF SEMA KH AARaANH ES

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 4 of 9

regardless of any immigration consequences that this plea may entail, even if the
consequence is defendant’s automatic removal from the United States.

8. The government will move to dismiss the remaining counts of the indictment at
the time of sentencing.

Plea Addendum

This written plea agreement, and any written addenda filed as attachments to this
plea agreement, contained all the terms and conditions of the plea. Any additional
agreements, if any such agreements exist, shall be recorded in a separate document and
may be filed with the Court under seal. Accordingly, additional agreements, if any, may
not be in the public record.

Waiver of Defenses and Appeal Rights

The defendant waives any and all motions, defenses, probable cause determinations,
and objections that the defendant could assert to the information or indictment, or to the
petition to revoke, or to the Court's entry of judgment against the defendant and imposition
of sentence upon the defendant providing the sentence is consistent with this agreement.
The sentence is in accordance with this agreement if the sentence imposed is within the
stipulated range. The defendant further waives: (1) any right to appeal the Court's entry of
judgment against defendant; (2) any right to appeal the imposition of sentence upon
defendant under 18 U.S.C. § 3742 (sentence appeals); (3) any right to appeal the district
court’s refusal to grant a requested variance; (4) any right to collaterally attack defendant's
conviction and sentence under 28 U.S.C. § 2255, or any other collateral attack; and (5) any
right to file a motion for modification of sentence, including under 18 U.S.C. § 3582(c)
(except for the right to file a compassionate release motion under 18 U.S.C. §
3582(c)(1)(A) and to appeal the denial of such a motion).. The defendant acknowledges
that this waiver shall result in the dismissal of any appeal or collateral attack the defendant
might file challenging his/her conviction or sentence in this case. If the defendant files a
notice of appeal or a habeas petition, notwithstanding this agreement, defendant agrees that

this case shall, upon motion of the government, be remanded to the district court to

-4-



0m NDA Bw HH

NY NY NY YN NY NN NY ee eH eH Le a a
SXI~AA KRY NH KF SEO eRDAAGEREBARAS

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 6 of 9

Effect on Other Proceedings
I further understand that if I violate any of the conditions of my supervised release,

my supervised release may be revoked. Upon such revocation, notwithstanding any other
provision of this agreement, I may be required to serve a term of imprisonment or my

sentence may otherwise be altered.

WAIVER OF DEFENDANT'S RIGHTS

Ihave read each of the provisions of the entire plea agreement with the assistance

of counsel and understand its provisions. I have discussed the case and my constitutional
and other rights with my attorney. I understand that by entering my plea of guilty I will be
giving up my right to plead not guilty; to trial by jury; to confront, cross-examine, and
compel the attendance of witnesses; to present evidence in my defense; to remain silent
and refuse to be a witness against myself by asserting my privilege against self-
incrimination; all with the assistance of counsel, to be presumed innocent until proven
guilty beyond a reasonable doubt, and to appeal.

I agree to enter my guilty plea as indicated above on the terms and conditions set
forth in this agreement.

Ihave been advised by my attorney of the nature of the charge to which I am entering
my guilty plea. I have further been advised by my attorney of the nature and range of the
possible sentence.

My guilty plea is not the result of force, threats, assurance or promises other than
the promises contained in this agreement. I agree to the provisions of this agreement as a
voluntary act on my part, rather than at the direction of or because of the recommendation
of any other person, and I agree to be bound according to its provisions.

I agree that this written plea agreement contains all the terms and conditions of my plea
and that promises made by anyone (including my attorney) that are not contained within
this written plea agreement are without force and effect and are null and void.

I am satisfied that my defense attorney has represented me in a competent manner.

Tr



CPO AI DHA BwWH Ke

Nw NY NY YY NN HY KY eee Roe
SrxIA~DAAKR HSH SF FSSOeR UIA AREOHKAS

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 9 of 9

States that the terms and conditions set forth are appropriate and are in the best interests of

justice.

GARY M. RESTAINO
United States Attorney
District of Arizona
Digitally signed by
a ae
13226-0700
Date JARED KREAMER HOPE
Assistant U.S. Attorney



ocfUD me NIN DH BR WWD

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 1of9

GARY M. RESTAINO

United States Attorney

District of Arizona

JARED KREAMER HOPE
Assistant U.S. Attorney

405 West Congress, Suite 4800
Tucson, Arizona 85701-5040
Telephone: (520) 620-7300
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

Fited [_]Lopceo
Jan 24 2024

(CLERK U.S. DISTRICT COURT
DISTRICT OF ARIZONA,

United States America, No. CR-18-00078-RCC(MAA)

Plaintiff,
vs. PLEA AGREEMENT

Maria Mendoza-Mendoza,

Defendant.

The United States of America and the defendant agree to the following disposition
of this matter:
PLEA
The defendant agrees to plead guilty to Count 1 of the Indictment charging the
defendant with a violation of 8 U.S.C. § 1324(a)(1)(A)(v)(D, 1324(a)(1)(A)(ii) and
1324(a)(1)(B)(i), Conspiracy to Transport Illegal Aliens for Profit, a felony.
ELEMENTS OF THE OFFENSE AND SENTENCING FACTOR

1. There was an agreement between two or more persons to commit the offense
of transporting illegal aliens in violation of Title 8, United States Code, Section
1324(a)(1)(A)(ii), that is, there was an agreement that all or some of the co-conspirators,
knowing or in reckless disregard of the fact that aliens had come to, entered, or remained
in the United States in violation of law, would knowingly transport such aliens within the
United States by means of transportation or otherwise, in furtherance of such violation of

law.



oD OWN DH BR WH YE

NY NY NY YN NNN Be ee ewe ee Ee Ee iL
CoN DW FW NH FH DO we KAA AR DDH

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 7 of 9

I am not now on or under the influence of any drug, medication, liquor, or other
intoxicant or depressant, which would impair my ability to fully understand the terms and

conditions of this plea agreement.

FACTUAL BASIS AND SENTENCING FACTOR

I agree that the following facts accurately describe my conduct in connection with

the offense to which I am pleading guilty and that if this matter were to proceed to trial the
government could prove these facts beyond a reasonable doubt:
In this case, I was the leader of an alien smuggling organization that coordinated the
movement of people from Honduras to the US/Mexico border and into the US.
These people were moved through the district of Arizona, eventually to a stash
house operated in Phoenix, Arizona. As the leader, I coordinated alien smuggling

and money laundering events. A wiretap captured me directing the movement of
people throughout the United States and receiving payment.

During search warrants at a stash house, ledgers were recovered that attributed a
significant number of aliens to me, as well as dollar amounts for those people.

I was aware the smuggling organization trafficked over 100 people and that these
people were detained at a “stash house” until their smuggling fees were paid. I made
statements that I would “bleed out” a guide as punishment and demanded that a
migrant whose family did not pay his smuggling fee to be sent back to Tucson to be
thrown “back in the desert.”

It was foreseeable that the smuggling organization in the United States possessed
firearms and that the smuggling involved dangerous risks to the persons smuggled.

DEFENDANT'S APPROVAL AND ACCEPTANCE
I have read each of the provisions of this Plea Addendum, as well as those of the
Plea Agreement, with the assistance of counsel and understand all of the provisions
contained in both documents. I agree to all of the terms of cooperation. I understand that
both the Plea Agreement as well as this Plea Addendum constitute the entire agreement
with the United States and that any terms of the Plea Agreement not specifically covered

by this Plea Addendum remain in effect. There are no additional terms or understandings

-7-



COON DH PB wWNH HK

YN NY NY NN NN DN Bee ew ew ee en ei
Cyt KDA BW DF DO we NAA AR DH TS

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 2 of 9

2. The defendant became a member of the conspiracy knowing that the object
of the conspiracy was the transportation of illegal aliens and the defendant intended to
accomplish said object for the purpose of private financial gain or commercial advantage.

STIPULATIONS, TERMS AND AGREEMENTS
Maximum Penalties

A violation of 8 U.S.C. § 1324(a)(1)(A)(v)(D, 1324(a)(1)(A)Gi), and

1324(a)(1)(B)(i), is punishable by a maximum fine of $250,000.00, or a maximum term of

imprisonment of ten (10) years, or both, plus a term of supervised release of three years
and a special assessment of $100. The special assessment is due and payable at the time
the defendant enters the plea of guilty, and must be paid by the time of sentencing unless
the defendant is indigent. If the defendant is indigent, the special assessment will be
collected according to Title 18, United States Code, Chapters 227 and 229.
According to the United States Sentencing Guidelines (U.S.S.G.) issued pursuant to
the Sentencing Reform Act of 1984, the Court shall:
1. Order the defendant to pay a fine pursuant to 18 U.S.C. §§ 3572 and
3553, unless the Court finds that a fine is not appropriate; and
2. Order the defendant to serve a term of supervised release when
required by statute and may impose a term of supervised release in all other cases, taking
into consideration U.S.S.G. § 5D1.1.
Pursuant to 18 U.S.C. § 3013(a)(2)(A), the Court is required to order the defendant
to pay a $100 special assessment.

Agreements Regarding Sentence

1. 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, pursuant to Fed. R. Crim. P. 11(c)(1)(C), the parties
stipulate and agree that the below guideline calculations are appropriate for Count 1 of the
Indictment, Conspiracy to Transport Illegal Aliens for Profit, which is a count the

defendant is pleading guilty:



COP NIDA PB WHY HY

Nb NY NY YN NN NY Kee ee DL on roe
SrI~AAR HY NH SF SOM HAGE BRAS

Gase 4:18-cr-00078-RCC-MAA Document 914 Filed 01/24/24 Page 3 of 9

Base Offense Level: 2L1.1(a)(3 12
Number of Unlawful Aliens (100 or more) 2L1.1(b)(2)(C) +9
Minors Unaccompanied 2L1.1(b)(4 +4!
Dangerous Weapon 2L1.1(b)(5)(C) +2
Substantial Risk 2L1.1(b)(6 2
Involuntarily Detained 2L1.1(b)(8)(A) +2
Organizer 3B1.1(a +4
Acceptance of Responsibility 3E1.1(a)&(b) <3
Stipulated Variance: 18 U.S.C § 3553 2
Total Adjusted Offense Level: 30

2. Sentencing Range: The government and the defendant stipulate and agree to
a term of imprisonment between 96-120 months. The parties further stipulate to any
variance necessary to reach that sentencing range.

4. The defendant may withdraw from the plea agreement if he/she receives a
sentence that exceeds the stipulated range listed above.

5. If the defendant moves for any adjustments in Chapters Two, Three or Four of
the Sentencing Guidelines or any “departures” from the Sentencing Guidelines, the
government may withdraw from this agreement.

6. If the Court, after reviewing this plea agreement, concludes any provision is
inappropriate under Fed. R. Crim. P. 11(c)(5), it may reject the plea agreement, giving the
defendant, in accordance with Fed. R. Crim. P. 11(d)(2)(A), an opportunity to withdraw
the defendant's guilty plea.

7. The defendant recognizes that pleading guilty may have consequences with
respect to his/her immigration status if defendant is not a citizen of the United States.
Under federal law, a broad range of crimes are removable offenses, including the offense(s)
to which defendant is pleading guilty. Removal and other immigration consequences may
be the subject of a separate judicial or administrative proceeding, and the defendant has
discussed the direct and collateral implications this plea agreement may have with his or

her defense attorney. Defendant nevertheless affirms that he/she wants to plead guilty

' The parties agree this enhancement may apply but that the defendant may dispute
it at sentencing.

=35