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United States v. Labrado

United States District Court, E.D. California

July 12, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BRANDON J. LABRADO, Defendant.

          PHILLIP A. TALBERT United States Attorney

          TY DAVIS Special Assistant U.S. Attorney

          ANDREW WONG Attorney for Defendant

          MEMORANDUM OF DIVERSIONARY PLEA AGREEMENT PURSUANT TO RULE 11(c)(1)(B) OF THE FEDERAL RULES OF CRIMINAL PROCEDURE

          JENNIFER L. THURSTON, U.S. MAGISTRATE JUDGE

         Pursuant 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.

         This 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.

         1. Charges

         The 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.

         2. Agreements by the Defendant

         (a) The defendant agrees that this Plea Agreement shall be filed with the Court and become a part of the record of the case.

         (b) The 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.

         (c) The 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 diversionary period.

         (d) 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 any ...


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