United States District Court, D. New Jersey
OPINION & ORDER
McNULTY UNITED STATES DISTRICT JUDGE.
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. For the reasons stated herein, the motion
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;
(b) Crim. No. 18-18, charging him with conspiracy to commit
wire fraud, 18 U.S.C § 1349.
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
(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
(Plea Agreement (15cr15 DE 77; 15crl8 DE 5))
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. 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)
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. ...