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United States v. Cyiark

United States District Court, E.D. California

May 15, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
MICHELINE J. CYIARK, Defendant

          PHILLIP A. TALBERT KYLE R. RATLIFF Attorneys for Plaintiff

          PLEA AGREEMENT

          JENNIFER L. THURSTON UNITED STATES MAGISTRATE JUDGE

         Pursuant to Rule 11(c) of the Federal Rules of Criminal Procedure, the United States of America, by and through Phillip A. Taibert, the United States Attorney for the Eastern District of California, and Special Assistant United States Attorney Kyle R. Ratliff, and Defendant MicheHne J. Cyiark and her attorney Megan T. Hopkins, have agreed as follows:

         I. Agreements by the Defendant.

         A. The Defendant agrees that this Plea Agreement shall be filed with the Court and become apart of the record of the case.

         B. The Defendant agrees to enter a plea of guilty to Citation No. 6552325, dated July 18, 2016, and Citation Nos. 6553245 and 6553246, dated September 11, 2017.

         C. The Defendant acknowledges that her plea of guilty is voluntary and that no force, threats, promises, or representations have been made to anybody, nor agreement reached, other than those set forth expressly in this Plea Agreement, to induce the Defendant to plead guilty.

         D. Defendant agrees to pay a six hundred dollar ($600.00) fine, inclusive of all penalty assessments, within eleven (11) months, paying at least sixty dollars (S60.00) per month starting the month following the date of this Plea Agreement, and serve a term of twelve (12) months of unsupervised probation, with conditions to include: paying any fine ordered by the court and the mandatory condition to obey all laws. The term "obey all laws" as used herein means all federal, state and local laws. An offense that can be charged only as an infraction will not be considered a "violation of the law" within the meaning of this agreement.

         E. Should the Defendant not be a citizen of the United States, the Defendant hereby acknowledges that adverse immigration consequences, including but not limited to removal from the United States, exclusion from admission into the United States, and/or denial of naturalization in the United States, may result from her plea.

         F. The Defendant acknowledges that this agreement has no bearing on any potential administrative action that the Defendant's employer seeks to pursue.

         II. Agreements by the Government, A. With respect to Citation No. 6552325, dated July 18, 2016, and Citation Nos. 6553245 and 6553246, dated September 11, 2017, the Government agrees to recommend the sentence set forth above.

         B. The Government agrees to dismiss Citation Nos. 6552389, 6552324, 6553551, and 6553552, in the interest of justice.

         C. The Government agrees to waive any mandatory appearance requirement for the Defendant ...


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