United States v. Dowe

          Hon. Jennifer L. Thurston McGregor w. Scott United States Attorney

          MICHAEL G. TIERNEY Assistant U.S. Attorney

          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 McGregor W. Scott, the United States Attorney for the Eastern District of California, and Assistant United States Attorney Michael G. Tieraey, has agreed with the defendant, Ryan Dowe, and his attorney, Assistant Federal Defender Matthew Lemke, 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 a one-count citation, Number F4860504, as follows:

         Casing and Failing to Maintain Control of a Fire, in violation of 36 C.F.R. § 261.5(e)

         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 the sole count charged in the citation.

(c) The defendant agrees to postpone sentencing in this matter until a date convenient to the Court and parties within 30 days of August 9, 2020. The period from the date the defendant enters a plea of guilty until the date of sentencing shall be known as the "diversionary period."

(d) 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.

(e) 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.

(f) The defendant further acknowledges that: (i) his plea of guilty is voluntary; (ii) 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; and (iii) mere have been no representations or promises from anyone as to whether the Court will permit the defendant to withdraw his plea at the time of sentencing, or what sentence the Court will impose.

(g) During the diversionary period, die defendant agrees that he: (1) pay restitution in the amount of $7, 000 to the United States Forest Service as restitution for firefighting efforts; (2) provide proof of such payment to his attorney and the United States Attorney's Office for the Eastern District of California; (3) report any contact with law enforcement to his attorney and the United States Attorney's Office for die Eastern District of California within 48 hours; (4) report any change of address to his attorney and die United States Attorney's Office for die Eastern District of California within 7 days; (5) may only enter or be present within die National Forest ...