United States District Court, D. Nevada
A Cameron, Esq. Law Office of Dennis A Cameron State Bar No.
ANDOLYN JOHNSON, AUSA Attorney for AUSA
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
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.
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.
parties respectfully request the Court replace document 599
with the corrected document.
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.
IS SO ORDERED.
Agreement for Defendant Juan Baca Pursuant to Fed. R. Crim.
P. 11(c)(1)(A) and (B)
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.
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.
Defendant agrees to:
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.
Stipulate to the facts agreed to in this agreement;
Abide by all agreements regarding sentencing contained in
seek to withdraw defendant's guilty pleas once it is
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;
commit any federal, state, or local crime;
truthful at all times with the U.S. Probation and Pretrial
Services Offices and the Court;
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.
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.
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
THE USAO'S OBLIGATIONS
USAO agrees to:
Stipulate to facts agreed to in this agreement;
Abide by all agreements regarding sentencing contained in
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
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).
ELEMENTS OF THE OFFENSE
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
CONSEQUENCES OF CONVICTION
Maximum Statutory Penalties:
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.
Criminal Forfeiture: Defendant understands that the district
court will impose forfeiture of the property.
Parole Abolished: Defendant acknowledges that
defendant's prison sentence cannot be shortened by early
release on parole because parole has been abolished.
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.
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.
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 ...