United States District Court, E.D. California
PHILLIP A. TALBERT United States Attorney
DAVIS Special Assistant U.S. Attorney
WONG Attorney for Defendant
MEMORANDUM OF DIVERSIONARY PLEA AGREEMENT PURSUANT TO
RULE 11(c)(1)(B) OF THE FEDERAL RULES OF CRIMINAL
JENNIFER L. THURSTON, U.S. MAGISTRATE JUDGE
to Rule 11(c)(1)(B) of the Federal Rules of Criminal
Procedure, the United States of America, by and through
Phillip A. Talbert, the United States Attorney for the
Eastern District of California, and Special Assistant United
States Attorney Ty Davis, has agreed with the defendant,
Brandon J. Labrado, and Andrew Wong, Counsel for Defendant,
as set forth below.
Plea Agreement is limited to the United States Attorney's
Office for the Eastern District of California and cannot bind
any other federal, state, or local prosecuting,
administrative, or regulatory authorities.
defendant acknowledges that he has been charged in this case
in three citations, as follows:
Citation No. FBBP003O: Cutting or otherwise damaging any
timber, tree, or other forest product, except as authorized
by a special-use authorization, timber sale contract, or
federal law or regulation.
Citation No. FBBP003N: Operating a motor vehicle on National
Forest System land not in accordance with that Ranger
District's motor vehicle use map.
Citation No. FBBP003P: Damaging any natural feature or other
property of the United States.
Agreements by the Defendant
defendant agrees that this Plea Agreement shall be filed with
the Court and become a part of the record of the case.
defendant agrees to enter a plea of guilty to Citation No.
FBBP003N, which charges him with Operating a motor vehicle on
National Forest System land not in accordance with that
Ranger District's motor vehicle use map.
defendant understands and agrees that he will not be allowed
to withdraw his plea absent a stipulation from the government
permitting such withdrawal at the conclusion of the
defendant knowingly and voluntarily waives his
Constitutional, statutory and legal rights to appeal his
plea, conviction, or sentence. This waiver of appeal
includes, but is not limited to, an express waiver of the
defendant's right to appeal his plea, conviction, or
sentence on any ground, including any appeal right conferred
by 18 U.S.C. § 3742 or otherwise. The defendant further
agrees not to contest his plea, conviction, or sentence in