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United States v. Julio Cesar Concepcion

United States District Court, D. New Jersey

April 22, 2019

UNITED STATES OF AMERICA
v.
JULIO CESAR CONCEPCION

          OPINION & ORDER

          KEVIN McNULTY UNITED STATES DISTRICT JUDGE.

         Defendant Julio Cesar Concepcion, pro se, has filed in both of the above-captioned criminal cases a "Motion to Enforce Terms of Cooperation Agreement and/or to Compel the Government to File a motion for a Downward Departure" (15cr15 DE 87; 15crl8 DE 15) The government has submitted a response.[1] For the reasons stated herein, the motion is denied.

         BACKGROUND

         On January 14, 2015, Mr. Concepcion pled guilty in open Court to two criminal Informations:

(a) Crim. No. 18-15, charging him with conspiracy and receipt of stolen government funds, 18 U.S.C. §§ 371, 641; and
(b) Crim. No. 18-18, charging him with conspiracy to commit wire fraud, 18 U.S.C § 1349.

         This was what is known, at least in this District, as a "Guidelines plea." The written agreements to plead guilty, filed in the above-captioned cases, contained the following stipulations:

(a) The agreed total Guideline offense level was 27;
(b) Neither Concepcion nor the United States would seek a departure or variance from the agreed offense level;
(c) If the court sentenced Concepcion at or below offense level 27, he waived the right to file any appeal, collateral attack, or any other writ or motion challenging the sentence imposed.

(Plea Agreement (15cr15 DE 77; 15crl8 DE 5))

         The Court accepted the plea agreement, and did sentence Mr. Concepcion to a term of imprisonment within the range that corresponded to the agreed offense level of 27.[2] On July 21, 2015, I sentenced Mr. Concepcion to concurrent terms of imprisonment totaling 84 months; concurrent terms of supervised release totaling 3 years; and restitution/forfeiture in the amount of $5, 643, 695.46. (15cr15 DE 79, 81; 15crl8 DE 8, 10)

         The government did not appeal. Defendant Concepcion has not filed an appeal or motion under 28 U.S.C. § 2255, timely or otherwise. See Fed. R. App. P. 4(b)(1) (14-day deadline to file appeal); 28 U.S.C. ...


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