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United States of America v. Sergio Gutierrez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 1, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
SERGIO GUTIERREZ,
DEFENDANT.

The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

MOTION AND MEMORANDUM FOR PLEA IN ABSENTIA

Time: December 20, 2011 at 10:00 a.m.

Magistrate Judge: Michael J. Seng

MOTION FOR PLEA IN ABSENTIA

Defendant, Sergio Gutierrez, by and through his attorney, hereby moves this Court for permission to enter his plea in absentia. Mr. Gutierrez makes this motion on the grounds that he resides four hours away from Yosemite National Park; he desires to enter the plea in absentia; and he will submit a written plea agreement. Mr. Gutierrez's proposed agreement is a $300 fine for under the influence of alcohol.

The government has no objection to this request. The plea will be entered at a date and time set by this Court.

MEMORANDUM IN SUPPORT OF MOTION TO ENTER PLEA IN ABSENTIA

Mr. Sergio Gutierrez was charged by citations on August 9, 2010 with under the influence of alcohol to the degree of endangerment, in violation of 36 C.F.R. § 2.35(c); interference with a government employee engaged in an official duty, in violation of 36 C.F.R. § 2.32(a)(1); knowingly providing false information to an authorized person, in violation of 36 C.F.R. § 2.32(a)(3). He entered pleas of not guilty to the charges.

Mr. Gutierrez now desires to enter a plea of guilty to under the influence of alcohol to the degree of endangerment, in violation of 36 C.F.R. § 2.35(c). The other charges will be dismissed pursuant to the agreement. The recommendation from the government will be a $300 fine, to be paid in full by February 1, 2012.

Mr. Gutierrez resides in Oakley, California, some four hours from Yosemite National Park.*fn1

Because of the distance, Mr. Gutierrez is requesting permission to enter the plea in absentia. Entering the plea in absentia will save the Court and the parties time and resources.

For the reasons stated, Mr. Gutierrez requests that the Court grant permission for him to enter the plea in absentia.

Respectfully submitted, Dated: November 30, 2011 DANIEL J. BRODERICK Federal Defender By: /s/ Melody M. Walcott MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant SERGIO GUTIERREZ

ORDER

IT IS SO ORDERED.

Change of plea in absentia is set for 10:00 a.m. the 20th day of December , 2012.

IT IS SO ORDERED.


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