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United States v. Houmoller

United States District Court, E.D. California

September 6, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JIMMY HOUMOLLER Defendant.

          MCGREGOR W. SCOTT United States Attorney EDWARD B. STANDEFER,

          JIMMY HOUMOLLER Defendant

          KIM SCHUMANN Attorney for Defendant

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

          Jennifer L. Thurston U.S. Magistrate Judge.

         Pursuant to Rule 11(c) of the Federal Rules of Criminal Procedure, the United States of America, by and through MCGREGOR W. SCOTT, the United States Attorney for the Eastern District of California, and Designated Local Rule 180 Prosecutor EDWARD B. STANDEFER, and defendant, JIMMY HOUMOLLER and his attorney, KIM SCHUMANN have agreed as follows:

         1. Charges

         The defendant acknowledges that he has been charged in this case in a one (1) count complaint, as follows:

Count One: Operating and being in control of a vehicle while under the influence of alcohol where the alcohol concentration is 0.08 or greater in violation of Title 36, . Code of federal Regulations, Section 4. 23(a) (2) (Class B Misdemeanor).

         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 Count One of the complaint, which charges him with operating and being in control of a vehicle while under the influence of alcohol where the alcohol concentration is 0.08 or greater in violation of Title 36, Code of federal Regulations, Section 4.23(a) (2).

         (c) The defendant understands and agrees that he will not be allowed to withdraw his plea should the Court fail to follow the Government's sentencing recommendations.

         (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 post-conviction proceeding, including but not limited to a proceeding under 28 U.S.C. §§ 2255, except for non-waivable claims.

         (e) The defendant further acknowledges that his 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.

         (f) Defendant agrees to pay a one thousand two hundred dollar ($1, 200.00) fine, pay a thirty dollar ($30.00) penalty assessment, and complete three (3) months of once weekly alcohol abuse counseling through the company Rusmiddelcenter Viborg in his home country of Denmark. The defendant would need to provide proof of completion of the alcohol abuse counciling to the Court to meet the terms of this agreement.

         (g) The defendant agrees to waive all rights under the "Hyde Amendment," Section 617, P.L. 105-119 (Nov. 26, 1997), to recover attorneys' fees or other litigation expenses in connection with the investigation and prosecution of all charges in the above-captioned matter and of any related allegations (including without limitation any charges to be dismissed pursuant to this Agreement and any charges previously dismissed).

         (h) 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, ...


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