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United States v. Baca

United States District Court, D. Nevada

January 7, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
JUAN BACA, Defendant.

          Dennis A Cameron, Esq. Law Office of Dennis A Cameron State Bar No. 3306

          ANDOLYN JOHNSON, AUSA Attorney for AUSA

          DENNIS A. CAMERON, Esq. Attorney for Juan Baca

          NICHOLAS A. TRUTANICH United States Attorney, District of Nevada Nevada Bar Number 13644 ANDOLYN JOHNSON Assistant United States Attorney Nevada Bar No. 14723 Representing the United States of America

          STIPULATION AND ORDER TO REPLACE DOCUMENT 599 WITH A CORRECTED DOCUMENT

         IT IS HEREBY STIPULATED AND AGREED by and through Defendant, JUAN BACA, his attorney, Dennis A. Cameron, Esq., and Assistant United States Attorney, Andolyn Johnson, AUSA, Counsel for the UNITED STATES OF AMERICA, that the attached Plea Agreement will replace document 599.

         Document 599 was filed due to clerical error and is not a correct representation of the Plea Agreement that the defendant JUAN BACA was canvassed on. The correct Plea Agreement which Mr. BACA was canvassed on is attached as Exhibit 1.

         The parties respectfully request the Court replace document 599 with the corrected document.

         ORDER

         The Court being fully informed in the premises and having reviewed the Stipulation to replace Document 599 with a corrected document to reflect the Plea Agreement on which the defendant was canvassed finds that Document 599 shall be replaced with the corrected image.

         IT IS SO ORDERED.

         EXHIBIT ONE

         Plea Agreement for Defendant Juan Baca Pursuant to Fed. R. Crim. P. 11(c)(1)(A) and (B)

         This plea agreement between Juan Baca, a/k/a Sneaky, ("defendant") and the United States Attorney's Office for the District of Nevada (the "USAO") sets forth the parties' agreement regarding the criminal charges referenced herein and the applicable sentences, fines, and forfeiture in the above-captioned case. This agreement binds only defendant and the USAO and does not bind the district court, the U.S. Probation Office, or any other federal, state, local, or foreign prosecuting, enforcement, administrative, or regulatory authorities. This agreement does not prohibit the USAO or any agency or third party from seeking any other civil or administrative remedies, including civil forfeiture in rem, directly or indirectly against defendant or defendant's property.

         Defendant understands and agrees that this agreement is part of a "group plea deal" in which the disposition of the case against defendant is tied to and conditioned on the disposition of cases against four other defendants, namely, Roberto Mora-Mora, Sandy Diaz Tavares, Shawn Curl, and Richard Rossall. Accordingly, defendant and the USAO agree that this agreement and the obligations it creates will not become binding on the USAO and defendant unless and until October 9, 2019: (a) defendant executes this agreement and enters a guilty plea in accordance with this agreement; and (b) Roberto Mora-Mora, Sandy Diaz Tavares, Shawn Curl, and Richard Rossall execute their plea agreements with the USAO and enter guilty pleas in accordance with those agreements. Defendant acknowledges that defendant has discussed with defendant's attorney, and carefully considered, the possible advantages and disadvantages to defendant of entering into this agreement as part of the group plea deal; defendant is entering into this agreement as part of the group plea deal freely and voluntarily because defendant believes this agreement and the group plea deal to be in defendant's best interests; and defendant is not entering into this agreement as part of the group plea deal because of threats, coercion, or other undue influence by the USAO or by the other defendants who are part of the group plea deal, their counsel, or anyone acting on their behalf.

         I. DEFENDANT'S OBLIGATIONS

         1. Defendant agrees to:

         a. Give up the right to indictment by a grand jury and, at the earliest opportunity requested by the USAO and provided by the Court, appear and plead guilty to a one-count information in the form attached to this agreement as Exhibit A or a substantially similar form, which charges the defendant with Conspiracy to Possess with Intent to Distribute Heroin and Methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and846.

         b. Stipulate to the facts agreed to in this agreement;

         c. Abide by all agreements regarding sentencing contained in this agreement;

         d. Not seek to withdraw defendant's guilty pleas once it is entered;

         e. Appear for all court appearances, surrender as ordered for service of sentence, obey all conditions of any bond, and obey any other ongoing court order in this matter;

         f. Not commit any federal, state, or local crime;

         g. Be truthful at all times with the U.S. Probation and Pretrial Services Offices and the Court;

         h. Before and after sentencing, upon request by the Court, the USAO, or the Probation Office, provide accurate and complete financial information, submit sworn statements, and/or give depositions under oath concerning defendant's assets and defendant's ability to pay. As part of the required disclosure, defendant agrees to provide any and all financial information and authorizations requested by the Probation Office for preparation of the Presentence Report. Defendant further agrees that, upon filing of this agreement, the USAO is authorized to obtain defendant's credit report. Defendant will also complete a financial form provided by the USAO, to include all supporting documentation, and return it to the USAO within three (3) weeks from entry of the plea. Defendant agrees that the district court may enter any order necessary to effectuate or facilitate disclosure of defendant's financial information.

         i. To facilitate payment of any fine, forfeiture, restitution, or assessment, surrender assets defendant obtained directly or indirectly as a result of defendant's crimes. Defendant agrees to voluntarily release funds and property under defendant's control or in which defendant has any property interest, before and after sentencing, to pay any fine or restitution identified in this agreement, agreed to by the parties, or ordered by the Court.

         j. The forfeiture of the property and the imposition of the forfeiture of the property as set forth in this Plea Agreement and the Forfeiture Allegation of the Superseding Information.

         II. THE USAO'S OBLIGATIONS

         2. The USAO agrees to:

         a. Stipulate to facts agreed to in this agreement;

         b. Abide by all agreements regarding sentencing contained in this agreement;

         c. At sentencing, provided that defendant demonstrates an acceptance of responsibility for the offense up to and including the time of sentencing, recommend a two-level reduction in the applicable sentencing guidelines offense level, pursuant to USSG § 3E1.1, and move for an additional one-level reduction if available under that section;

         d. Not bring any additional charges against defendant arising out of the factual basis set forth in this agreement. However, the USAO reserves the right to prosecute defendant for (a) any crime of violence as defined by 18 U.S.C. § 16; (b) any criminal tax violations (including conspiracy to commit such violations chargeable under 18 U.S.C. § 371). Defendant agrees that the district court at sentencing may consider any uncharged conduct in determining the applicable sentencing guidelines range, the propriety and extent of any departure from that range, and the sentence to be imposed after consideration of the sentencing guidelines and all other relevant factors under 18 U.S.C. § 3553(a).

         III. ELEMENTS OF THE OFFENSE

         3. Count One: The elements of Conspiracy to Possess with Intent to Distribute Heroin and Methamphetamine, under 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 846, are as follows:

First: Beginning at a unknown date, but no later than January 25, 2018, and continuing to on or about June 14, 2018, there was an agreement between two or more persons to possess with intent to distribute a controlled substance, to wit: heroin, a schedule I controlled substance, and methamphetamine, a schedule II controlled substance; and Second: Defendant joined in the agreement knowing of its purpose and intending to help accomplish that purpose. "To distribute" means to deliver or transfer possession of a controlled substance to another person, with or without any financial interest in that transaction.

See Ninth Circuit Model Criminal Jury Instruction 9.19 (approved4/2019).

         IV. CONSEQUENCES OF CONVICTION

         4. Maximum Statutory Penalties:

         a. Defendant understands that the statutory maximum sentence the district court can impose for a violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846 as chargedin Count 1, is 20 years' imprisonment; up to a period of lifetime supervised release; a fine of $1, 000, 000; and a mandatory special assessment of $100. There is a mandatory minimum 3 year period of supervised release that must be imposed for a violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846 as charged in Count 1.

         b. Criminal Forfeiture: Defendant understands that the district court will impose forfeiture of the property.

         5. Parole Abolished: Defendant acknowledges that defendant's prison sentence cannot be shortened by early release on parole because parole has been abolished.

         6. Supervised Release: Defendant understands that supervised release is a period of time following imprisonment during which defendant will be subject to various restrictions and requirements. Defendant understands that if defendant violates one or more of the conditions of any supervised release imposed, defendant may be returned to prison for all or part of the term of supervised release authorized by statute for the offense that resulted in the term of supervised release.

         7. Factors under 18 U.S.C. $ 3553: Defendant understands that the district court must consider the factors set forth in 18 U.S.C. § 3553(a) in determining defendant's sentence. However, the statutory maximum sentence limit the district court's discretion in determining defendant's sentence.

         8. Potential Collateral Consequences of Conviction: Defendant understands that, by pleading guilty, defendant may be giving up valuable government benefits and valuable civic rights, such as the right to vote, the right to possess a firearm, the right to hold office, and the right to serve on a jury. Defendant understands that once the district court accepts defendant's guilty plea, it will be a federal felony for defendant to possess a firearm or ammunition. Defendant understands that the conviction in this case may also subject defendant to various other collateral consequences, including but not limited to revocation of probation, parole, or supervised release in another case ...


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