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

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

of justice.

GOVERNMENT’S APPROVAL

JOHN S, LEONARDO
United States Attorney
District of Arizona

Assistant U.S. Attorney

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RECEIVED copy
JOHN S. LEONARDO
United States Attorney SEP - 3 2015
District of Arizona
Vaited States Courthouse. t 4800 CLERK U S DISTRICT COURT
. treet, te
Tucson, ‘Arizona 85701 me By EN eeu

Telephone: 520-620-7300
Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA

United States of America, Mag. No. ad
/S'- O3)9F YM aL
Plaintiff, -
PLEA AGREEMENT
vs. (Flip-Flop)

Yunior Leonardo Santana-Gonzalez,
Fast Track U.S.S.G. § 5K3.1
Defendant.

The parties enter into the following agreement:

1. Defendant will enter a plea to Count 2 of the complaint, Aiding and
Abetting Aliens to Elude Examination and Inspection by Immigration Officers of the
United States, a misdemeanor offense, in violation of 8 U.S.C. § 1325, 18 U.S.C. § 2.
This plea will occur no later than the time set for detention hearing/preliminary hearing.

2. The government will dismiss Count 1 of the complaint, Transportation of
Aliens for Profit, a felony, in violation of Title 8, United States Code, Sections
1324(a)(1)(A)Gii) and 1324(a)(1)(B)(i). This charge, if proven, carries a maximum
sentence of ten years imprisonment, a fine of $250,000, three years supervised release,
and a $100 special assessment. The government will dismiss this charge at the time of
sentencing.

3. The elements of Aiding and Abetting Aliens to Elude Examination and
Inspection by Immigration Officers of the United States are as follows:

a. The defendant did transport aliens that he/she knew to be in the

United States illegally;



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b. The defendant did so to aid and abet the aliens’ presence in the

United States;

c. The defendant did so to assist the aliens in eluding examination
and inspection by Immigration Officials of the United States.

4. The maximum penalty for the offense to which the defendant is pleading |
guilty is six (6) months in custody, a $5,000 fine, and a $10 special assessment.

5. Pursuant to this plea agreement and Fed. R. Crim. P.11(c)(1)(C), the
government and the defendant stipulate and agree to a sentence of 60 days of
imprisonment. Defendant is to receive credit for all time he/she has served to date and
shall be deducted from the stipulated sentence. The government and the defendant
reserve the right to withdraw from this agreement if the sentence is less or more than 60
days.

6. The parties waive a Pre-Sentence Investigation Report and agree that
sentencing will occur on the date of the change of 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 regardless of any immigration consequences that this plea may entail, even
if the consequence is defendant’s automatic removal from the United States.

8. Defendant waives: (1) any right to appeal the Court’s entry of judgment
against the defendant; (2) any right to appeal the imposition of sentence upon defendant
under 18 U.S.C. § 3742 (sentence appeals); and (3) any right to collaterally attack

defendant’s conviction and sentence under 28 U.S.C. § 2255, or any other collateral



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attack. This waiver shall not be construed to bar a claim by the defendant of ineffective
assistance of counsel.

9. Factual Basis for Plea:

On or about August 26, 2015, at_or near Bisbee, in the District of Arizona,
1, Yunior Leonardo Santana-Gonzalez, did move certain illegal aliens,
Daniel Carillo-Flores and Omar Ignacio-Hernandez, by transporting them
in the vehicle I was driving. I knew that the individuals whom I was
transporting were illegally in the United States and I was aiding and
abetting their presence in the United States. I was transporting them in
order to assist him in eluding examination and inspection by Immigration
Officials of the United States.

9-3 -/S—

ate

ior Leonardo Santana-Gonzalez
Defendant

DEFENSE ATTORNEY’S APPROVAL
I have discussed this case and the plea agreement 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 defendant’s waiver the right to appeal. No assurances,
promises, or representations have been given to me or to the defendant by the
government or by any of its representatives which are not contained in this written
agreement. I concur in the entry of the plea as indicated above and on the terms and
conditions set forth in this agreement 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.

9-3 -1S—

Date Attorney for Defendant

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