United States District Court, E.D. California
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 ...