IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA- PHOENIX CRIMINAL MINUTES CHANGE OF PLEA 04 / 1188 / 1 PHX-JAT Year Case No. Dft # HONORABLE: JAMES A. TEILBORG USA V. Avila-Lopez, Last Name DEFENDANT: X Present Deputy Clerk: Kristen Bethel U.S. Atty: Intrptr: Gary Restaino Francisco First Name Not Present Released X Custody Court Reporter/ECR: DATE: Judge #: 7025 Javier Middle Initial Writ David German Retained 9/6/05
Dft Atty: Michael Reeves AFPD X Appointed Language:
================================================================================ Dft not appearing, on mot of US Atty, order bond revoked/forfeited and B/W issued. PROCEEDINGS: ARRAIGNMENT/PLEA X CHANGE OF PLEA INFORMATION filed. Dft sworn X RULE 20 SEALED
WAIVER OF INDICTMENT filed. Dft states true name:
Dft enters: X GUILTY PLEA to: Superseding Indictment - 8:1326(a)(b)(2) Lesser offenses of Counts : PLEA AGREEMENT: LODGED FILED SEALED. SEALED:
SENTENCING SET FOR: November 21, 2005 at 2:00 p.m. TO BE DISMISSED AT SENTENCING: N/A X ORDER vacate trial date/motion hearings/motions moot. ORDER defendant remain released pending sentencing. X ORDER remanded to custody of U.S. Marshal.
OTHER: Defendant's request to enter a no contest plea is DENIED on objection of the Government. IT IS FURTHER ORDERED that the Probation Department prepare a presentence report for the Court. IT IS FURTHER ORDERED that any motions for upward departure, downward departure, or sentencing memoranda be filed six business days before sentencing; responses shall be filed three business days before sentencing. Time in Court: hr 28 mins. Case 2:04-cr-01188-JAT Document 48 Filed 09/06/2005 Page 1 of 1